Obtaining a green card for my husband while in Canada

[sammy060382 1]

Hi there,

Sorry for the general title, but I have several questions so I thought i'd lump them all into one.

I am a dual Canadian-American citizen who has lived in Canada for the past nine years and have not studied, worked or lived in the U.S. in that time. My husband is currently applying for his green card with me as his petitioner. We have already submitted the I-130 form and are currently gathering all the required documents for his Immigration Visa interview. However, I keep seeing the K-3 Spouse Visa name being tossed around. What is the difference between that and what my husband is applying for? Should he be applying for that instead?

My next question surrounds the wording of a lot of the forms we have been required to fill out, namely the I-864 form (Affidavit of Support). The form's wording instructions seem to assume that I am American who temporarily lives in Canada and continues to have residence or an income in the States which hasn't been true for the past 9 years. It asks for my U.S. federal tax return but since I earned all my income in Canada, should I be attaching my Canadian tax return instead?

My final question surrounds the concept of domicile. Again, it seems to me that the forms don't seem to be worded for a situation like mine where I haven't lived in the U.S. for many years. If I am reading the form correctly, I must establish domicile in the U.S. before my husband's Immigration Visa interview. This puts me in a difficult situation since I either have to move to the States without him while he waits to get his green card since he can't work there or we both move but I end up having to support him since he again won't be able to work in the States until he obtains his green card. He currently works for a Canadian company with no branch in the States to transfer to and i've heard it's very hard to get an employment Visa from an American company if there is no previous relationship. Anyways, my two questions surrounding the concept of domicile is:

a) Am I actually interpreting it correctly?

b) If so, is there anything else my husband should be applying for in the interim so he will be able to work in the States while waiting to obtain his green card.

Sorry again for the rather long email, but you can probably tell i'm a bit confused right now by a couple of things.

Thanks in advance for any help,

- Samantha

[Penguin_ie 5,993]

K3 is dead, ignore it.

Even if you pay Canadian taxes, you are supposed to file US income tax as a US citizen (but you won;t have to pay any). You can backfile these with the IRS. That being said, you will still need something else to prove you can support your spouse once in the USA, unless your Canadian income will continue once you move to the USA (telecommuting or similar). Your options are to find a job in the USA before his interview, sponsor on assets such as shares, savings, property etc (you will need 3 times as much as the 125%poverty level), or find a co-sponsor in the USA who will stand guarantoor for your husband.

Domicile is handled slightly differently by each consulate but yes, you understand the basics well. You can show that you intend to re-establish domicile by having a current US drivers license and voter registration, US bank account, property in the USA, proof of looking for a job or home in the USA, having registered any kids you have in US schools etc. Check out Canadian threads in the DCF forum for details of how Montreal handles this.

[naviomelo 0]

sponsor on assets such as shares, savings, property etc (you will need 3 times as much as the 125%poverty level)

If the poverty guideline is $18,212, does this mean that you only need to show $54,636 of assets if you have no income?

[sammy060382 1]

Hi there,

Thanks for the reply.

Although it is a bit disheartning to hear I likely won't be able to use my current income source on the I-864 form, we do have enough savings/assets to meet the minimum requirements. But does that mean that under annual income, i'd actually put $0 since I don't actually make any money currently in the U.S.? It seems odd since I do have an income right now, but can't carry the job over to the States once I move there (since it's a Canadian company).

As for domicile, would having an American bank account and voter registration be enough?

I get the feeling that would have to move to the U.S. before my husband is eligible to move there which again is a bit disheartning and hurts the finances a bit. I would think other people would have been in my shoes previously. Can anyone tell me about their experience?

Penguin_ie, I was just looking at your timeline and you were able to have your interview 13 days after you sent in your DSC-230. That seems remarkably quick. I've been told it would be 4 to 6 months. Am I missing something?

Thanks again,

- Samantha

[Darnell 8,478]

As for domicile, would having an American bank account and voter registration be enough?

No.

You're gonna have to SHOW that you are re-establishing yer domicile, as well, on interview day.

Suggest you review this topic, from Page 1 to the end - http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

Good Luck !

[Penguin_ie 5,993]

My timeline is so quick because we filed DCF- ie not with USCIS in the USA but directly with the embassy in Dublin, because my USC husband lived with me in Ireland; presumably you have done the same in Canada? Montreal is known to be slow to schedule interviews, but it should definitely be quicker than 6 months if you file this way! Have a look at this thread to see other Canadian's experience of DCF:

http://www.visajourney.com/forums/topic/621-dcf-canada-yes-virginia-you-can/

Naviomelo: yes, though the assets must be easily made liquid within one year without undue hardship, and most consulates would prefer to see you comfortable above the three times mark.

[ValerieA 350]

As for domicile, would having an American bank account and voter registration be enough?

No.

You're gonna have to SHOW that you are re-establishing yer domicile, as well, on interview day.

Suggest you review this topic, from Page 1 to the end - http://www.visajourn...ving-in-the-us/

Good Luck !

It is very important to read the thread that Darnell put on here - Montreal has gotten very strict about proving domicile, moreso than any other consulate that I have heard of.

[trailmix 77]

If the poverty guideline is $18,212, does this mean that you only need to show $54,636 of assets if you have no income?

Yes that is correct, if it is just you and your spouse that you are sponsoring.

[trailmix 77]

Hi,

Another alternative, to assets, is getting a joint sponsor.

But does that mean that under annual income, i'd actually put $0 since I don't actually make any money currently in the U.S.? It seems odd since I do have an income right now, but can't carry the job over to the States once I move there (since it's a Canadian company).

No, you won't enter zero. Even though your gross income on your U.S. tax return will show your income as zero (because you will be using form 2555 to take the credit) on the actual affidavit of support (I-864) you will enter your gross Canadian income converted to U.S. dollars. Just use an average exchange rate for the year in question - from a site like xe.com, for instance. Your income stated on your 1040 must match what you put on your I-864.

Oh and you cannot submit the I-864 until you file your U.S. taxes - it is a requirement.

As for domicile, would having an American bank account and voter registration be enough?

As Darnell mentioned, this won't be sufficient.

I get the feeling that would have to move to the U.S. before my husband is eligible to move there which again is a bit disheartning and hurts the finances a bit. I would think other people would have been in my shoes previously. Can anyone tell me about their experience?

If you read the thread at the link Darnell provided you can read lots of reviews and experiences.

Penguin_ie, I was just looking at your timeline and you were able to have your interview 13 days after you sent in your DSC-230. That seems remarkably quick. I've been told it would be 4 to 6 months. Am I missing something?

Right now Montreal is averaging around a 3 month wait, from the time you send your completed paperwork to them to interview.

Check out the Montreal timeline to interview thread to get a better idea.

Edited June 14, 2010 by trailmix

[sammy060382 1]

Hey guys,

I just wanted to thank you all for the excellent responses. You all have cleared up a lot and I feel a lot more confident about what I do need to submit and what I don't need to.

Thanks,

- Samantha

[Darnell 8,478]

Yay !!! Good Luck with all !!!

GoGoGadget SignANewLease !