melviticus

OK thanks all.  I think that the expired horse of this topic has effectively been beaten...  From all of your help/input it seems that we will have to take the traditional path to applying for a green card.  The difference this time is that I am with her here in Canada as we start the process... I think that makes a difference, if I recall?  Maybe we should just come up through Tijuana and she can claim she's afraid of political persecution and torture in her hometown of Toronto...

3 minutes ago, Boiler said:

You said she had abandoned her residency filed a I 407

I don't remember what form we filed, she was just VERY concerned that she wouldn't be able to reapply one day if she didn't formally "abandon" her residency (using whatever form was recommended to us at the time). But the reason for leaving the US and returning was specifically for her parents' welfare; we would have preferred to stay in the USA, but we never thought about it being a "hardship" because it was her family... BUT it was definitely necessary for her parents' safety and welfare.

11 minutes ago, aaron2020 said:

2.  No way to meet the requirement that the time spent outside the US was outside of her control.  

 

Even if she had to return to Canada to take over the POA for her parents (at the time both had been diagnosed with dementia) from her alcoholic sister who was mistreating the parents? (starting to sound like a cheesy soap opera)

3 minutes ago, aaron2020 said:

No. 

alllllll righty then!! 

3 minutes ago, aaron2020 said:

the US Consulate in Canada is very strict on the domicile issue

Thanks Aaron.  I am a "permanent resident" of Canada but I do maintain a home in California, where my name is on the utilities, etc.

It is also the address for my banking relationships, tax returns, credit history, and professional correspondence, etc.... I just don't have employment there.  Would that suffice for an established domicile?

48 minutes ago, Boiler said:

Canada is pretty strict in the US sponsor showing domicile 

Hi Boiler, I don't understand your comment, please restate your concern?   ....my wife is a Canadian who will be applying for US permanent residence...

Will I have to get someone to sponsor us again since (as an American) I won't be able to look for work until I return (with her, hopefully)

Thanks Mr./Ms. Spore! Appreciate the response.

1 minute ago, SusieQQQ said:

No, you would have to start all over again with a new petition.

Dang that's unfortunate! But thank you for your answer Susie!  Kevin

I'm American, married a Canadian girl in 2010 and we were living in USA until 2014 when we moved to Canada to help her ailing parents.  My wife had a green card which she gave up upon entry to Canada. As a previous green card holder, would she have a shorter re-approval process, and if possible, how to pursue that track?  PS we are still living in Canada, in the Toronto area.

...was wondering--we have submitted DS 260 and Aff of Support for my Canadian wife's immigrant visa, and I am reading conflicting info...

Do we schedule the interview at the Montreal Consulate, or does NVC? And since I was in the "electronic submission" process with NVC, does my wife still have to DHL courier her documents to the interviewer? Very confusing! thanks, mel

I am trying to bring my wife into the USA from Canada. We have been married one year... It is now time for her to submit her Visa application to the NVC, and for me (as the petitioner) to submit my Affidavit of Support. I am starting a new business, and do not show significant income for the last couple of years. I have about 50k equity in a home, and 30k in an IRA. We have no children.

Question #1: should I ask my Mom to be a (non-household) joint sponsor? She has a nice pension and assets, but am not sure if the NVC wants to see more than one Aff. of Support...

Question #2: If I use a Joint Sponsor in addition to my own Affidavit of Support---Is there an additional AoS fee that my Joint Sponsor must pay---on top of which I have already paid?

Question #3: What document will suffice to prove that my Joint Sponsor is a US Citizen? (her passport is not current)

Question #4: Can the Joint Sponsor's proof of citizenship be included with her I-864a, in the same submission as my (the Petitioner's) Affidavit of Support package?

Question #5: The I-864a seems to be written for a Household Member. What form does a Joint Sponsor use if they are not a household member?

Thanks in advance to anyone with the energy (and expertise) to answer these questions for me!

Kevin