I-130, I-485 and Domicile

[canuckmoran 7]

Hey everyone.

I am just looking in for some insight in our situation. My wife (American Citizen) and I (Canadian Citizen) are planning to return to the US - I'm following her. We have been living in Canada for 3 years now. The I-130 and its related documents are ready to go.

My question is how soon after the I-130 is completed and received by the NVC will we need to prove domicile? My wife still votes, maintains a US bank account, a US residence, and receives mail there still. Would this be enough to prove domicile or re-establish domicile?

Is there a chance that she needs to move back before my visa is granted?

Thanks,

[NikLR 13,227]

You will have to go the route of the iR1 visa so there would be no I-485.

Because she maintains a US residence that is a huge plus in the eyes of Montreal. Most couples who are moving do not have this a) residence and b) a job, are the two main factors that Montreal looks at for domicile.

The one thing you may need to look at is a joint sponsor unless her work will be continuing from the same source after moving to the USA or unless you have enough assets to qualify. You normally can't use a main home as an asset.

[canuckmoran 7]

Thanks NLR. I appreciate the perepsective from a Canadian, not that I believe it matters - I don't think Canadians get prefential treatment.

So iR1 visa is filed after the petition is approved or is there some other form that needs to be filled out? Do I need to fill out form I-864 to accompany the iR1?

BTW, before I send off the I-130 paperwork, how many photos and how far back should I send in with paperwork?

Thanks,

You will have to go the route of the iR1 visa so there would be no I-485.

Because she maintains a US residence that is a huge plus in the eyes of Montreal. Most couples who are moving do not have this a) residence and b) a job, are the two main factors that Montreal looks at for domicile.

The one thing you may need to look at is a joint sponsor unless her work will be continuing from the same source after moving to the USA or unless you have enough assets to qualify. You normally can't use a main home as an asset.

[NikLR 13,227]

You need to look through the guides.

We do get some preferential treatment because Canada is a low fraud country. The amount of bona fide marriage evidence you need to send is low. However, Montreal is very strict on domicile because we share borders with the USA. Kinda how it goes.

I suggest:

http://www.visajourney.com/content/i130guide1

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

http://www.visajourney.com/wiki/index.php/NVC_for_Montreal_Beneficiaries_%E2%80%93_Electronic_Processing_and_New_Online_Forms

https://docs.google.com/file/d/0B9bvTEwLyHz1aW0yTWRqa3lqYzA/edit

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[pushbrk 12,801]

Thanks NLR. I appreciate the perepsective from a Canadian, not that I believe it matters - I don't think Canadians get prefential treatment.

So iR1 visa is filed after the petition is approved or is there some other form that needs to be filled out? Do I need to fill out form I-864 to accompany the iR1?

BTW, before I send off the I-130 paperwork, how many photos and how far back should I send in with paperwork?

Thanks,

Study the IR1 visa guide thoroughly, including the timeline of what happens when. We'll be here for any remaining questions. If you've been married a few years and living together in Canada, I would focus your relationship evidence on showing your spouse lives with you in Canada. She should have documented resident status of some sort. Include that and a few photos to go with the required forms and documentation, as listed in the I-130 instructions. Otherwise, in your circumstance simply disregard anything that comes after the words, "In addition to the required...." as simply NOT required. Guides and form instructions first, for a baseline of knowledge.

[canuckmoran 7]

Good morning everyone.

Just a quick question regarding the domicile issue. My wife maintains a US Bank Account joint with her mother, I also have a US Bank Account solely in my name which money gets deposited into it every two weeks. Does it matter that either one of our accounts are not joint? Should I transfer the money from my US account to hers?

Thanks,

[Ryan H 3,812]

Does it matter that either one of our accounts are not joint?

No

[canuckmoran 7]

But it is advisable though to transfer money into her US account is it not? For the purposes of proving domicile or re-establishing domicile.