Kathryn Baer

9 hours ago, NikLR said:

To be honest for domicile your husband will need to move ahead of you.  He needs a place for you to live and a job or enrollment in school.  Montreal is quite strict on this.  Rarely in my 5 years on this site have I seen Montreal approve a Visa without that USC already living in the USA. 

So, here's my idea & questions; 

- He could move ahead of time to a place where he would also work near the Canadian-USA Border (so he lives US side, I live Canadian side). Only problem is that it would be very expensive to have two rental places of our own. 

- Would it work if he moved in with say, a family working in the same location (potential Oil field employment possible in North Dakota) or with his Grandma? This way we have our main place Canada-side that he could come home to every weekend. Or does he need his OWN place? 

- And how long would he need to be living there?

We understand that we may just have to spend time apart again but it would be extremely difficult since we're so used to being together all the time now and will have a little one to raise. I can't even stand one night away from him now. He's been here in Canada for about a year now. We were hoping to start the process right after our 2 year anniversary (1 year this year in June). So he would be here for a total of 2 years when we start the process.  

9 hours ago, NikLR said:

You counted the household count incorrectly.

 

Your husbands household count is 3. Him, wife, child

 

Joint sponsor = 6

Dad, mom, children 18 and under, you.  They do not count your husband (adult usc) or your child (not their child and also usc). 

Okay, that makes sense. So household size with a Joint Sponsor would be 6, correct? 

2 hours ago, sarrobo said:

 

 

Jumping in late, but my husband and I just did this process (Canada to US while living in Canada), and it took just over 15 months total, from when we sent in our i130 to having the visa in hand.

What did you do to prove domicile? 

Oh, another question, how long does this kind of application usually take to process? From the date they receive it to the date you're able to immigrate?

12 hours ago, geowrian said:

Yes, he can petition you from anywhere. He must be a financial sponsor via an I-864. If he doesn't meet the requirements, he will also need a joint sponsor to file an I-864.

As noted above, Montreal is very strict on US domicile. But I don't want to beat a dead horse as that has been well covered already.

 

Where it is based doesn't really matter, but it must be income from a source that will continue upon return to the US. Generally, foreign-based jobs won't meet this requirement (but obviously some do, such as those engaging in border living as one example).

 

I'll just note that he must be filing US federal income tax returns even when working abroad...USCs and LPRs are taxed on worldwide income.

 

Correct. If born abroad and he qualifies to transmit citizenship to his child, then a CRBA is necessary to recognize the child's citizenship. Then they can get a passport.

If born before the visa is issued, he must include the child in his household size.

 

Congrats on the pregnancy.

 

Joint sponsor* And yes, a joint sponsor are permitted for an immigrant visa. A joint sponsor must be a USC or LPR domiciled in the US. One parent would be a joint sponsor and use an I-864, while the other should complete an I-864A as a household member.

 

As for income, they follow the same rules. There's no way to determine their household size based on the info provided. In a more general sense, they need to include:

• Himself/Herself
• Their spouse
• Any under-21 children
• Any other dependents they claimed on their most recent tax returns, if any
• Any other immigrants still sponsored by a different, executed I-864, if any.

Do NOT include the petitioner or the petitioner's family (except as noted above).

The exact rules are in the I-864 instructions.

I hadn't even thought of border living until you mentioned it, and it might be the perfect solution for us. He has family in Bellingham, WA so we could live in BC near the border and he could potentially work in Bellingham. This would have his income as US-based and help with the domicile aspect, right? If he had a rental agreement with a family member there it would also help with the domicile part.

My husband will have been here in Canada for just over a year when our baby arrives. The rest of his life he has been in the USA, so, from what I understand from this site(https://ca.usembassy.gov/u-s-citizen-services/child-family-matters/birth/), my husband qualifies to transmit citizenship and our baby would obtain a CRBA. So, since our baby would obtain a CRBA & passport before we even start the process of obtaining a visa for me, we wouldn't need to include our baby in the sponsorship right?

His parents have agreed to be joint sponsors when the time comes. I believe the household size would be 8 (their household with individuals under 21, and then my husband & I and our baby). His dad is an engineer and I'm pretty sure he makes the income requirement for a household that size on his own. So, his father would fill out I-864 and his mother would fill out I-864A, correct? And my husband would also fill out I-864?

So, if he had a job here in Canada and made money strictly in Canada for the 2018 tax year, he would have to file his taxes here in Canada and also in the US?

Petitioner would be my husband, right? Sorry for so many questions, just needing clarification  

59 minutes ago, Lemonslice said:

If you're in Canada, this is the thread you'll want to read

 

http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

Thanks! I've read through a bunch of the tread and I think I know what we can do  Now to just figure out the whole minimum income thing. Are we allowed to have a cosponsor, such as his parents? If so, what is the minimum income requirement they must meet in order to qualify? (They're a family of 7, 3 are now over 18 so a total of 5 at home) and we will be a family of 3 in July of this year. 

1 hour ago, missileman said:

Nice!!  I wish you the best.  It is generally easier to prove domicile when the US citizen has relocated to the US.  At minimum (and it depends on what the consulate wants), he will have to prove ties to the US such @Roel stated.  Your husband's Affidavit of Support will have to show income which will be continuing after relocating to the US.

Thanks! We're anxious to begin the process haha. Most of our family & friends are in the US so it would be nice to be able to live there. 

He does still have a US bank account and receives mail there at his old address (parents home) so that would count as ties to the US right? If we were to, for example, purchase a home there and rent it out when we are not in the US, would that be something he could use to prove his ties to the US as well? We do own a vintage Winnebago RV but have yet to register it as we got it when everything was really up in the air. If we registered it it would also count as a tie right? Sorry for so many questions lol.

What is he were to, say, a few months before we begin the sponsorship process move back to the US and obtain employment? Or how would he be able to show that his income would continue after relocating to the US? Through a job offer perhaps?

1 minute ago, missileman said:

OP, what is the purpose of your becoming a Green Card holder?

Purpose, as mentioned, is to live in the US with our family & hopefully grow old there together. 

1 minute ago, missileman said:

1.  No......unless he can prove that you intend to live in the US. Montreal is very strict.........Green Cards are for living in the US.

2.  US based since, the requirement is that you are going to reside inside the US.

What is your purpose for wanting a Green Card?  If the purpose is for anything other than living in the US, you do not qualify.

I definitely intend to live in the US. That was our original plan with the K-1 Visa but due to him losing his job during the process & not having significant income, we decided I would sponsor him to come to Canada first since my employment situation was more favorable than his.

The purpose is that we want to live & make the US our home. Our dream is to own a home on the Oregon coast and grow old there. 

1 minute ago, Roel said:

Read about the domicile requirement.

Another person mentioned this. Would I find this on the website here? 

Thing is he will always call the US his home, even if he is living somewhere else. He's in Canada because of me, not because he doesn't want to be in the US. 

My husband & I live in Canada and are awaiting Permanent Residency to be granted to my US citizen husband, which should be sometime in February/March 2019 (I am a Canadian Citizen & am sponsoring him here). 

So here are our questions.

1. it is possible for him (US Citizen) to sponsor me (Canadian Citizen) while living in Canada? 

2. Does his income have to be US based or can it be Canadian based? (in regards to meeting the minimum income requirement necessary)

3. We will be having our first child in July of this year. As soon as we have his/her birth certificate, we will be working on transmitting his US citizenship to our baby. With that, our baby, if they obtain US citizenship through birth/transmission of citizenship, my husband would not need to sponsor them as well, correct? But would need to meet the minimum income required for a household of 3?

Any help would be greatly appreciated

*Just a note, we did begin the K-1 process in 2016. We decided to withdraw it and instead bring him to Canada as it seemed easier & faster*

On 1/5/2018 at 9:15 PM, Ezraylia said:

Question for those who are more versed. I really don't want to read the whole 119 pages. That seems torturous. (I will if I must)

 

I'm in the middle of waiting on the NOA2 for the K-1 visa, and want to go visit my fiance in the States. I plan on going down for 4 weeks because we've never spent a lot of time together, and the wait is kind of driving me batty. 

I don't have a job. I live with my mother, so I do not have a lease. I do have my car, which I plan to drive down and import when the actual move happens, visa in hand.

 

So far, I'm going to compile:

• Travel Itinerary, which includes an already booked return flight.
• Proof of car ownership, and some form of letter stating I will be importing it.
• Insurance info, stating I have an active insurance plan.
• Cell phone info, again stating I have an active contract/plan.
• Pictures of my living space, clearly detailing I am still living there. (Saw someone mention that, so using it as a "just in case")
• Any relevant K-1 process info: Application, status, etc.
• Possibly letter from parents stating I will be returning, with their info if they would like to call.

 

Curious if there is any tips or if there is evidence I may have missed that would be helpful? I'm worried they will not let me in as I do not have a job or a lease to show I have responsibilities here. Thanks for any help!

I would highly recommend not showing them your letter stating that you'll be importing the car. This is proof of immigration intent and they can deny your entry because of it, especially since you are still waiting on your NOA2. I'd suggest waiting with showing the letter until you have received your K-1 Visa and show it at your Port of Entry when returning to the US to get married. 

Everything else on your list is great, definitely bring those other things along. I again would just suggest not showing the letting stating you want to import your car unless specifically asked for it by the customs/border control agent. It could cause delays in the processing of your K-1 application and as I already said, they could deny your entry. While waiting on your NOA2, you do not show up as trying to immigrate to the US yet. USCIS is processing your application to ensure all information is provided and your fiance is eligible to sponsor. Once you receive the NOA2 (meaning USCIS has sent your application to the NVC), you show up as trying to immigrate in the system, which is why most people have a difficult time travelling to see their fiances then. 

I traveled to visit my now husband 3 times before we received our NOA2 and I never had any issues. They never even asked how long I planned to stay. But we decided to get married and bring him to Canada instead, so when we went to San Francisco for our honeymoon in June 2017(got our NOA2 in March 2017), they simply wanted to know how long I would be staying and needed proof of a return ticket.  We went down again in November for Thanksgiving and had no issues. 

I know there's hundreds of posts with different experiences, but if you have the proper information along  and have proof that you'll be returning to your home country (a return ticket), there shouldn't be a problem unless you get a really crappy customs agent. Best of luck to you!

It was just something I heard from a friend now pursuing a K-1 Visa. I figured he was wrong, but just wanted to check.

Do any of you know if they allow triple citizenship? My husband has dual, US & Italian. We we looking into obtaining Italian Citizenship for me as well. But would it be possible for each of us to have US, Canadian & Italian Citizenship's?

So, I may not have this question under the right category.

I heard yesterday that if you obtain US Citizenship, that it automatically revokes any other previous citizenship's. So as a Canadian, me going to the US with my husband and eventually obtaining citizenship would cancel my Canadian citizenship? Just needing some clarification.

9 minutes ago, Pandapaws said:

This may have already been asked but I am Canadian and my fiancé is American we decided that settling in the US would be best for us because of his already established career. I was wondering if I would be able to visit him and his daughter in the US after the k-1 visa process has begun?

 

Yes you can. You will need to show that you have strong ties to Canada through as when the Visa is being processed it will be more difficult to enter as it will be shown that you are working/planning on immigrating.

- Bring a letter from your employer stating when you are required back at work from your visit

- Most recent pay stubs 

- Recent bank statement 

- Any recent home rental/mortgage payments as proof.

It's still relatively easy to travel after your fiance will receive the NOA1 (notice that USCIS has received your application), but once he receives the NOA2 (that it has been approved and sent on to NVC and from there to the consulate in Montreal. Keep in mind, it does not mean that your visa is approved, you still have more forms to fill out and an interview to do) and you receive a package for collecting information for an interview, it will get more difficult. Just be honest, show strong ties to Canada, don't over stay your welcome and you should be fine

2 minutes ago, Lemonslice said:

You're both years away from being eligible to get the other's citizenship.

 

Yes, I know. But even with resident status we would be able to move between countries if needed.  

16 hours ago, NikLR said:

 1) yes to a point.  He would need to reesstablish domicile in the USA for you to get the CR1 visa.  Montreal is very strict on domicile. 

2) they can be joint sponsors yes.  They could have been his co-sponsor for the k1. 

3) yes as long as the cbp allows you entry.

4) about 1 year.  

 

Keep in mind you will have to live in Canada or the USA.  You can't have residency in both countries juat because of the way Canada and the US work. 

1) Would you be able to explain how exactly he could reestablish domicile in the USA? Would he just have to go back, obtain employment & a place to live? 

2) His parents refused to be joint sponsors because of a lot of drama happening for a little while which has since been resolved. They felt starting out in Canada was the better option.

Well yes, we would live in one country or the other, depending on economic & family situations for ourselves. That's the advantage of dual citizenship isn't it? 

12 hours ago, pushbrk said:

K1 visas are not available to married people, EVER.

 

Yes, we know that. Which is why we are no longer working on processing a K-1 as we got married.

Hello everyone! So I was quite active on this website awhile back when my now husband & I were working on obtaining a K-1 Visa for me to be able to come there. Long story short we would have been unable to pass the minimum income requirement when it came time for an interview since he lost his job due to low work demand & had little remaining savings. We were approved to proceed to an interview in March 2017 but we decided to get married here in Canada on June 11, 2017. He is currently here with me with a Visit Record showing he has Dual Intent as I will be sponsoring him to become a permanent resident here in Canada. But, we would still love it if we could live in the USA as well. So, here are my questions;

Q #1: If my husband is currently here in Canada with me on a Visit Record, can we apply for an outland CR-1?  

Q #2: Would his parents be able to be cosponsors in regards to the Affidavit of Support?

Q #3: Would we be able to travel to the USA during the sponsorship/visa process?

Q #4: How long does a CR-1 Visa usually take? 

2 minutes ago, Ben&Zian said:

For K-1 it is I-134 form, and 100% poverty guideline.

 

125% and I-864 is for AOS.

 

You have asked about this before if I recall correctly with his job situation.  

 

 

I would re-read this about his income

Oh yes, that's correct. Off topic, you've answered like all my questions so I'm hoping you can answer this one as well.

Is there a certain time frame in which you're able to schedule the interview (like if we need to delay it in order to get some stuff together). Do we have a few months to schedule the appointment? Can we schedule it months in advance (once we are able to schedule)? Can we delay with submitting package 4 for a set amount of time? Some issues have come up but we're not wanting to start over with the process and were wondering if it in any way works to kind of put things on hold for a little while. 

1 minute ago, Dee elle said:

He needs to show ongoing earnings consistent with the 2017 guidelines.. he needs to show he has filed taxes for the past 3 years. 

And if he hasn't filed for the past 3 years, we would have to get a co-sponsor? 

So I know my fiance needs to make 125% of the Poverty Guidelines (file:///C:/Users/Kathryn%20Banman/Downloads/i-864p.pdf) 

But, he has only had full-time employment since September 2016. His W2 for last year is about $7000 (so for 3.5 months of work). He would make the Poverty Guideline, but because he was in school and obtained full-time employment last year, and it's his first time filing for taxes, do you think there's any way it would work when proving he can provide for me when we go in for the interview? Or would we have to get co-sponsorship?

Random & unrelated, but would it work to process a work visa for my fiance to work in Canada while we are waiting on the fiance visa?

Also, can anyone explain to me how to read/understand the USCIS Processing Times? It says at the top "Field Office Processing Dates for California Service Center as of: December 31, 2016" and yet for I-129F it says "Processing Cases as of September 16, 2016."

So my Fiance & I got our NOA1 on November 28, 2016 and we have not received our NOA2 yet (it's been 92 days so far). We had really hoped that the VJ timeline prediction would be accurate but we've now gone past the estimated time. Just wondering, would calling USCIS about our K-1 petition slow down our petition? Is calling them a good idea? I know I (the beneficiary) can't call them but my Fiance in Idaho can. What kind of information do they disclose when you call? I've done all the research for our K-1 Visa, my fiance knows almost nothing about it so we just need some pointers as to what to ask and what to expect if he does call in about our petition. 

Also, due to the fact that I would eventually be leaving my job to get married my boss has decided to replace me already. I will be working 2 days a week for the next month with my last day being April 5, 2017. It really upsets me, but I understand his reasoning behind it. So, I was wondering, if I were to draw EI, would this have any effect on our petition? I am the beneficiary living in Canada, not the sponsor. Also, my fiance is employed but work has been slow for the past month and he's barely been able to take home one pay check. Will this have a drastic effect when proving that he can provide for me? Can I prove that I could also provide for myself even though I will have been laid off? I will be seeking employment elsewhere once I am done at my current job until our Visa has gone through. 

We're both just having a really hard time not having received an update on the status of our petition yet, it's pretty disheartening. Once we receive our NOA2, it will help us to know that yes, it is making progress and not simply sitting on someones desk. 

15 hours ago, NikLR said:

http://www.visajourney.com/consulates/index.php?ctry=Canada&cty=Montreal

 

https://travel.state.gov/content/dam/visas/Medical/MTL - Montreal.pdf

 

Most Albertans either go overnight to Surrey, or spend the week in Montreal.  

Thank you!

Also, as I had severe allergic reactions to vaccines when I was a baby, I haven't had any since I was about 2. Our family doctor at the time said that I was most likely allergic to one or two ingredients found in the vaccines that were administered but we never looked into it. On https://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html#7 it states;

" K visa applicants are encouraged to get the vaccinations required under U.S. immigration law for immigrant visa applicants.  Although such vaccinations are not required for K visa issuance, they will be required when adjusting status to that of legal permanent resident following your marriage. Applicants are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination. See Vaccination Requirements for IV Applicants for the list of required vaccinations and additional information."

Is it an absolute requirement that you HAVE to get those vaccinations when Adjusting Status? Or are there certain waivers, such as Religious or Medical waivers, that can be obtained?