Next step?

[ratfinkgrad 1]

Hello!

My husband (U.S. Citizen and Canadian PR) and I (Canadian citizen) already have our I-130 approved. We are confused about what step to take next in our visa journey

Our I-130 was approved in March 08. We decided to sit on the process until his Canada PR application went through. We finally live together now in Canada (thank u Lawd Jesus) and are eager to resume our American visa quest so that I can join him in Florida while he pursues his grad school work.

We have many questions about how to proceed. For instance, does it make a difference that since our I-130 was approved, he has moved to Canada, and no longer lives in the U.S. for now? Does this change the process with which our case is handled?

As it stands now, we are at the first stages of the NVC portion of the journey. I need to send in my choice of agent form, and husband needs to pay the "AOS bill" and his choice of agent form and send it along in order to move forward.

I know that when it comes time to prove domicile, we'll have to show things to prove we are moving to the U.S. immediately. We plan on using a school acceptance letter and also financial ties to the U.S. including bank account, stocks etc. However, I do not know how Affidavit Of Support is going to work. My husband will soon have employment here in Canada. Does the money he makes here in Canada count towards his "supportiveness" of me in regards to the Affidavit Of Support? He has stocks in the U.S. Does that count as assets? My father-in-law is agreeable to being a co-sponsor. Can we use a co-sponsor while hubby is residing outside the U.S. for the duration of the processing? When hubby is accepted at a school he might be receiving a stipend. Does a stipend count as "support" as far as U.S. immigration is concerned?

Thanks so much to anyone who can answer any of these Q's. We don't wanna take another step without knowing for sure that we are proceeding correctly according to our new situation.

PS- For Canadian applicants: We chose to pursue Canadian PR for my husband first because he'll basically never lose it no matter where we live for any length of time. Unlike American PR status, a Canadian PR can maintain their status even while living outside Canada as long as he/she can prove they've been residing with their Canadian citizen spouse the whole time. Neat eh?

[YuAndDan 153]

US citizen moving to Canada wont change the process other than USC having to show that living canada was a temporary thing and that still has US Domicile, it is a requirement of the I-864 Affidavit of support that the petitioner MUST provide in order to support an immigrant to the USA.

Money save from working in foreign country can be used as an asset, NOT Income unless the income continues after moving to the USA.

[Martiniolive 0]

I tought a person had like 6 mos to use the visa or it would expire. I remember looking that up for my hubby to see how long he had before he had to leave his country.

Hello!

My husband (U.S. Citizen and Canadian PR) and I (Canadian citizen) already have our I-130 approved. We are confused about what step to take next in our visa journey

Our I-130 was approved in March 08. We decided to sit on the process until his Canada PR application went through. We finally live together now in Canada (thank u Lawd Jesus) and are eager to resume our American visa quest so that I can join him in Florida while he pursues his grad school work.

We have many questions about how to proceed. For instance, does it make a difference that since our I-130 was approved, he has moved to Canada, and no longer lives in the U.S. for now? Does this change the process with which our case is handled?

As it stands now, we are at the first stages of the NVC portion of the journey. I need to send in my choice of agent form, and husband needs to pay the "AOS bill" and his choice of agent form and send it along in order to move forward.

I know that when it comes time to prove domicile, we'll have to show things to prove we are moving to the U.S. immediately. We plan on using a school acceptance letter and also financial ties to the U.S. including bank account, stocks etc. However, I do not know how Affidavit Of Support is going to work. My husband will soon have employment here in Canada. Does the money he makes here in Canada count towards his "supportiveness" of me in regards to the Affidavit Of Support? He has stocks in the U.S. Does that count as assets? My father-in-law is agreeable to being a co-sponsor. Can we use a co-sponsor while hubby is residing outside the U.S. for the duration of the processing? When hubby is accepted at a school he might be receiving a stipend. Does a stipend count as "support" as far as U.S. immigration is concerned?

Thanks so much to anyone who can answer any of these Q's. We don't wanna take another step without knowing for sure that we are proceeding correctly according to our new situation.

PS- For Canadian applicants: We chose to pursue Canadian PR for my husband first because he'll basically never lose it no matter where we live for any length of time. Unlike American PR status, a Canadian PR can maintain their status even while living outside Canada as long as he/she can prove they've been residing with their Canadian citizen spouse the whole time. Neat eh?

[Penguin_ie 5,996]

I tought a person had like 6 mos to use the visa or it would expire. I remember looking that up for my hubby to see how long he had before he had to leave his country.

You are correct, but this couple hasn't been approved for a visa yet, just the petitioner's I-130 has been approved, which is valid indefinitely.

OP: the Canadian income your USC spouse makes only counts if it continues when he goes back to the US, and from what you write, that won't be the case. The stocks will count as assets though, and the stpiend should count as US income if he can get a letter confirming it. Using a co-sponsor while living abroad is no problem, that is what most DCFers do.

Edited September 30, 2008 by Penguin_ie

[frali 2]

I was under the impression that I-130 has a 1 yr validity. I am sure I read it somewhere on this forum.

[ratfinkgrad 1]

I was under the impression that I-130 has a 1 yr validity. I am sure I read it somewhere on this forum.

In the correspondence my hubby received asking for the AOS bill and everything, it states that we have one year to respond to them or else 'termination proceedings' will occur, which is I guess means they'll cancel our application. Luckily, it hasn't been a year. Fewf.

okokokokok... from what I understand, as long as hubby can prove "domicile" in the U.S. (bank account etc.) we can still use his dad as a co-sponsor?

Thanks everyone for their responses.

[tekkon 0]

Hello!

PS- For Canadian applicants: We chose to pursue Canadian PR for my husband first because he'll basically never lose it no matter where we live for any length of time. Unlike American PR status, a Canadian PR can maintain their status even while living outside Canada as long as he/she can prove they've been residing with their Canadian citizen spouse the whole time. Neat eh?

But the PR has to renew the PR card every 5 years...and that HAS to be done inside Canada, doesn't it?

(Sorry, completely off-topic, I know!)

[Serendipity_ 0]

PS- For Canadian applicants: We chose to pursue Canadian PR for my husband first because he'll basically never lose it no matter where we live for any length of time. Unlike American PR status, a Canadian PR can maintain their status even while living outside Canada as long as he/she can prove they've been residing with their Canadian citizen spouse the whole time. Neat eh?

ratfinkgrad

This is very interesting post and news to me. I am a Canadian Citizen and my Husband a USC, could you please shed more light on this or maybe direct me as to where I can find more information in regards to Spouse never losing PR Status.

Thanks

Edited October 1, 2008 by Serendipity_