Being sponsored again- (merged duplicate topics with

[Jet71 0]

So how does one keep this brief? I'll try. I lived and worked in the USA for 10 years until 2012 when I had to take a job in Canada. Due to the economic crisis, my work was so slow that I had to move back to my home province of Ontario with my US citizen wife and our two children. I have a greencard based on my first marriage in the united states. I've been thru the whole process once before but now have left the States for over a year. I even did everything but the interview for my citizenship....I had to move during the process, it was very stressful.

Anyways, I've managed to support my family here in Canada....I couldn't anymore in CA, and we had a daughter here as well in 2012. If we decide to move back to the States, I am assuming that I will have to apply for permanent residence again and this time my present wife will be my sponsor. My question is this.....if we start the application, how long do I have to wait until I can work if I am offered a job in the states? The first time I was sponsored, my first wife and I already lived south of the border....I was on a TN visa at the time. Do I have to stay in Canada until I receive my permanent resident card? My wife is a stay-at-home mother, how could she possibly sponsor me financially? I worked for 10 years in California, I heard that due to the fact that I have done this, the affidavit of support could be on me and I could sign and take all financial responsibilities. I haven't been back to the States in over a year. What should I expect if I plan a visit there? I assume my greencard will be taken and I will now be treated like a visitor. This is ok, I would like to check out a few employers and visit some family members.

If anybody could share their thoughts, I would really appreciate it.

I would like to avoid paying a lawyer if at all possible.

Would it be to my advantage to hire an immigration lawyer with my case?

Thanks for you time.

[NikLR 13,231]

It's possible that you've worked the required 40 quarters. I would check into that! I'm not sure how personally but maybe someone else has that info.

[Jet71 0]

I'm reposting this because I only got one reply. : (

I was hoping to find some help here.

So how does one keep this brief? I'll try. I lived and worked in the USA for 10 years until 2012 when I had to take a job in Canada. Due to the economic crisis, my work was so slow that I had to move back to my home province of Ontario with my US citizen wife and our two children. I have a greencard based on my first marriage in the united states. I've been thru the whole process once before but now have left the States for over a year. I even did everything but the interview for my citizenship....I had to move during the process, it was very stressful.

Anyways, I've managed to support my family here in Canada....I couldn't anymore in CA, and we had a daughter here as well in 2012. If we decide to move back to the States, I am assuming that I will have to apply for permanent residence again and this time my present wife will be my sponsor. My question is this.....if we start the application, how long do I have to wait until I can work if I am offered a job in the states? The first time I was sponsored, my first wife and I already lived south of the border....I was on a TN visa at the time. Do I have to stay in Canada until I receive my permanent resident card? My wife is a stay-at-home mother, how could she possibly sponsor me financially? I worked for 10 years in California, I heard that due to the fact that I have done this, the affidavit of support could be on me and I could sign and take all financial responsibilities. I haven't been back to the States in over a year. What should I expect if I plan a visit there? I assume my greencard will be taken and I will now be treated like a visitor. This is ok, I would like to check out a few employers and visit some family members.

If anybody could share their thoughts, I would really appreciate it.

I would like to avoid paying a lawyer if at all possible.

Would it be to my advantage to hire an immigration lawyer with my case?

Thanks for you time.

[Harpa Timsah 13,258]

Wife petitions you. The process takes 10 months or so. You can work once you enter the US. You cannot be a sponsor because you have no current income in the US. You need a co-sponsor or assets.

Or, you could look into another TN.

[apple21 953]

One of your family members in the US can be your co-sponsor.

[Brother Hesekiel 2,236]

In addition to what Harpa stated, you need to understand that not your prolonged absence from the U.S. killed your residency, but the fact that you reestablished residency in Canada.

If a Canadian who is a lawful permanent resident of the United States moves back to Canada and reestablished residency there, he automatically abandons his U.S. residency. It doesn't take a year for this to happen, only about a day. You could leave the United States and teach English in Mongolia, work in South Vietnam or on a space station, or even study Chinese in Moscow, but you cannot establish residency in any such country. In case of a student you would have to be an international student. Clearly, a Canadian who goes to school in Canada can't do this as an international student from the United States, and the same applies to being employed in one's home country.

Since Canada and the United States share resident information openly and freely, you effectively had killed your Green Card the morning you went to work in your new job.

[Darnell 8,479]

there's some stuff about 40 quarters of work, also - so if that's the case, look at the I-864W, as I think you'd qualify.

[Kathryn41 3,205]

Duplicate topics have been merged so all of the information is kept in the same place.

Moderator hat off . . .

Your wife should be able to sponsor you back to the US, and you should definitely check into whether you would need to have financial sponsorship or not as you should already have the required 40 quarters of employment. You may want to see if you can take advantage of a free initial consultation with an immigration lawyer familiar with US immigration requirements as your circumstances are probably beyond the general experience of most of our members and determine what exactly you will need.

Edited March 16, 2013 by Kathryn41

[Kathryn41 3,205]

Duplicate topics have been merged so all of the information is kept in the same place.

Moderator hat off . . .

Your wife should be able to sponsor you back to the US, and you should definitely check into whether you would need to have financial sponsorship or not as you should already have the required 40 quarters of employment. You may want to see if you can take advantage of a free initial consultation with an immigration lawyer familiar with US immigration requirements as your circumstances are probably beyond the general experience of most of our members and determine what exactly you will need.

You should also check out the "Proving domicile when not living in the US' pinned topic in the Canada Regional forum as this will be of concern to you returning to the US on an IR-1 visa from Canada: http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

[NikLR 13,231]

Yes domicile is very important to Montreal.

[milimelo 4,528]

ssa.gov under social security statement Get your Social Security Statement online - free and tells you how many quarters you have with SSA. They stopped mailing hard copies a year or two ago.