IR1 Journey from Canada

[CalCowBoy 5]

Today I wanted to share my journey hoping these information help others to better prepare.

 

Background:

Canadian citizen with spouse and kids duel citizenship. I had my GC first time bank in 2009 and officially abandoned it through the form I-407 in 2012 as I was not ready to relocate to the USA. 

We had decided to move to the USA in 2019 to be closer to families. Then I started my GC journey again as IR1. 

 

Submitted paper form I-130, I-130a from Canada in November 2019
PD - November 12, 2019
NOA1 - November 18, 2019
NOA2 - May 23, 2020
Submitted docs to NVC (CEAC) - May 2021 (took several rounds of submission)
DQ - December 29, 2021
IL - February 4, 2022
Interview - March 2022
Visa Approved - May 12, 2021

 

Affidavit of Support:

I took the asset based route as my wife is not working. I didn't want to request anyone to be the joint sponsor. I thought we had enough financial assets (based on the federal poverty guidelines) to be approved. I have fulltime employment in Canada which would easily meet the income requirements. It turns out that financial assets not in the USA would not qualify as assets. 

 

Intent to Re-establish domicile in the US:

We submitted the the following letter as intent to re-establish domicile in the USA. Thanks to a number of members in this forum to come up with the following appendices as evidence. 

 

Ref: Intent to Re-establish domicile in the US

I, XXXXXXXX, am currently residing in Canada with my husband, XXXXXXX (beneficiary) and two kids (both have Consular Report of Birth Abroad). 

My husband is the sole breadwinner in the family. During this pandemic, it would be really difficult to move back to the US alone with my kids without my husband. Thus, it is my intent to move permanently to the United States together with my husband and kids after the approval of my husband’s immigrant visa.  Please find below a list of attached documents that show the concrete steps I have taken to re-establish domicile in the United States:
 

Appendix A: I have maintained voter registration (online voter registration lookup). 
Appendix B: Inquired for leasing an apartment.
Appendix C: My husband (beneficiary), an IT professional, is actively searching for jobs in the US, had few interviews. Attached are some print outs of those interviews.
Appendix D: I have registered my kids in school.
Appendix E: I have gathered quotes for the auto insurance and renters insurance.
Appendix F: I have gathered quotes for the moving (uPack and uHaul).
Appendix G: Communication with our realtor to sell our house in Canada.
 

I declare that I intend in good faith to re-establish my domicile in the United States. I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.
 

With regards,

XXXXXXXXXXX

Medical Examination:

I went to Dr. Cheema in Surrey, BC for the medical exam one week before my interview date. I took an afternoon flight, stayed at an Airbnb, finished medical within few hours, and took return flight in the evening. Staying a week in Montreal to do medical would have been more expensive choice. I confirmed that my medical exam report was sent electronically to the embassy before the interview. 

Interview:

I went for the interview on time with just the documents. I was provided a number, waited for a hour to be called in at a window. The lady validated all documents, took finger print, one photo and asked to seat in the waiting area to be called again. 
About 45 minutes later I was called again to a separate window for the interview. The CO was very nice, asked some questions regarding my last GC, and some routine questions. 

 

Finally, he asked me if I can work for my current employer from the USA. I said I haven't talked to my employer about that. 

 

I told him that I expect my financial assets would meet the requirements. He asked again if the financial assets are in the USA? I said no. 

 

Then he handed me refusal worksheet with section 221(g) "Proof of US income or assets in the US to meet Affidavit of Support requirement - or - Joint Sponsor (l-864, recent taxes, and proof of status)". 

 

He said that I am keeping your passport. As soon as you submit joint sponsor, the visa would be issued. I felt like the CO is handtied due to the policy framework to approve my visa. 

I was not asked anything regarding the domicile issue. 

[Rocio0010 5,573]

18 minutes ago, CalCowBoy said:

I was not asked anything regarding the domicile issue. 

Maybe because they just stopped on their tracks when they saw the deficiency in the I-864

[Ksamwise20 4]

On 5/20/2022 at 1:13 PM, Rocio0010 said:

Maybe because they just stopped on their tracks when they saw the deficiency in the I-864

CalCowBoy said that they were issued their visa last week, so the domicile issue wasn't an issue at all!

Congratulations @CalCowBoy, thank you for the update!