US Immigration from Canada

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.

Hi all,

I had posted something about this previously, but as more time has gone on and the situation has changed, I need to post/ask again. My hubby is currently waiting for his ROC. We are getting close to being able to file for his citizenship, however, we are not sure that is a good idea at present due to prior child support issues.

Background:

Hubby and his ex-wife had a very contentious divorce 22 years ago (Canada) when their daughters were about 2. Short of it, ex wife took the girls and hid them from him. Being 22 years ago, the internet was still in its infancy, dad's didn't know they had rights, and he lived across the country from them, he couldn't find them and gave up. (Please, no judgment.) No child support was paid. Fast forward 15 years, one of the girls finds him, they try to have a relationship after all that time, and the ex decides to go after him for back child support. Fast forward to now, there obviously is still a large amount in arrears but the case has been adjudicated to the US (to our county in our state). Regular payments are deducted from his check and tax refunds are garnished to aid in bringing him current.

The kids are over 18 now. He will not be petitioning for them at any time in the future. We've spoken to a couple of attorneys in Canada re: going after the ex about this and it will be a very difficult case to win. As he is here in the States, he does not have the desire to go back to Canada just to litigate, especially if he is unlikely to win.

Questions:

1) Are we better to wait until the child support is paid in full before we move forward with his citizenship?

2) If he is denied citizenship, does that put his green card into jeopardy? (The whole moral, upstanding person thing.)

Hi everyone, has anyone here had experience attending their medical with Dr. Randall Lee in Scarborough, ON? We booked an appointment with them for next week.

Also, does anyone know if they require passport photos? We're planning to just have two 2x2 photos taken for our interview only.

Thanks!

Hello VJ,

Man does time fly, it seems like just yesterday I was going through the K1 process. Well, fast fwd 11 yrs.. I am coming to the VJ community for help once again. Looking to start the citizenship process and am looking to be pointed in the right direction. As a green card holder do I need to file for an adjustment of status? Or a brand new N400? So many questions, looking for some guidance.

Little info about myself, current green card holder, originally from a K1 visa. still married, 11 yrs later, not wanting to renew my green card again.

Thanks in advance

Hello Everyone,

I attended the IR1 Interview in Montreal, Canada on February 4, 2022. All was in order, except that the medical panel had not submitted one document.

Due to the missing document, my case was assigned the status of Refused, for administrative processing.

I arranged for the medical office near Toronto to submit the final medical document the very next day, February 5, 2022.

I check the status frequently, and although it shows as having been updated once in March and once in April, it always still shows as Refused.

I sent two inquiry emails to the consulate in March and April respectively to which they did reply, but in both cases the reply was simply that I was in a queue waiting to be reviewed by an officer, and that they would notify me when it had been reviewed.

It has now been 14 weeks since the submission of my final missing document.

Has anyone else had this experience, and does anyone have any sense of how long one can wait in Refused, Admin Processing status?

Any experience or comments welcome;

Thanks

James A