What is next?

[AmCan 0]

I'm so confused and get more and more so after reading many of these postings here. I am not sure what many of the forms people talk about will apply to me either. I am new here and am sure many people have asked these same questions before me, but here I go. I am American, my hubby Canadian. We are applying for his permanent legal resident status in the US without filing the K-3. We have already filed the I-130 at the Am. Consulate in Vancouver yesterday, which they approved and it now goes to Montreal. I know they will send a checklist. Can anyone tell me what happens after that , what forms we need to do, approx. time lines???? Also, some specific questions are:

1. We both live in Canada currently and will sell our house and want to move to the US together but it states that I will need to show proof of domicile in the US before his final interview. Will I have to move ahead of him to establish an address or will proof of ties (all my family) be good enough?

2. On the I-864, will a letter of employment waiting for us suffice (stating wage, etc) or again, will I need to move first and start work. Also, it states that assets will be considered. When we sell our house here, we will have more than enough in assets without employment. Should we use employment and assets?

3. Do we still need to file an I-485?

4. I see people talking about EAD, AOS, etc etc. What are these and will we need them?

5. Does anyone know how much the medical costs in Vancouver? My hubby doesn't have vaccination records as in Canada, they get them in school everyear, when needed. Will this doc know that? If not, what does he do if he needs records?

Any and all info would be very much appreicated!

Thank you,

Liane

[YuAndDan 153]

1. We both live in Canada currently and will sell our house and want to move to the US together but it states that I will need to show proof of domicile in the US before his final interview. Will I have to move ahead of him to establish an address or will proof of ties (all my family) be good enough?

Answer:

How is domicile determined?

Domicile is a complex issue and must be determined on a case by case basis. To qualify as a sponsor, a petitioner who is residing abroad must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis, usually for work or family considerations. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she left the United States for a limited and not indefinite period of time,
  
• He/she intended to maintain a domicile in the United States, and
  
• He/she has evidence of continued ties to the United States.
  

An American citizen or LPR spouse or dependent who has maintained a residence in the U.S. and/or whose spouse/parent works in one of the categories listed below would also qualify as a sponsor.

http://travel.state.gov/visa/immigrants/in...nfo_1328.html#4

2. On the I-864, will a letter of employment waiting for us suffice (stating wage, etc) or again, will I need to move first and start work. Also, it states that assets will be considered. When we sell our house here, we will have more than enough in assets without employment. Should we use employment and assets?

Must provide IRS return data, IRS transcripts are acceptable. Living outside the US dose not exempt US Citizens from filing returns.

From instructions included with form I-864:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

3. Do we still need to file an I-485?

NO this is used when adjusting status from K-1, or K-3 visa in the united states.

4. I see people talking about EAD, AOS, etc etc. What are these and will we need them?

Again no Your profile shows you filing for an immigrant visa (CR-1/IR-1) in this case you will enter the country as a Legal Permanent Resident (Green Card) NO adjustment of status or Employment Authorization Doc needed. They are used in cases like K-3 visa.

5. Does anyone know how much the medical costs in Vancouver? My hubby doesn't have vaccination records as in Canada, they get them in school everyear, when needed. Will this doc know that? If not, what does he do if he needs records?

Not sure there check with the consulate in Vancouver.

You may want to read the guide:

http://www.visajourney.com/forums/index.ph...page=i130guide1

http://www.visajourney.com/forums/index.ph...om&page=dcf

[AmCan 0]

I'm so confused and get more and more so after reading many of these postings here. I am not sure what many of the forms people talk about will apply to me either. I am new here and am sure many people have asked these same questions before me, but here I go. I am American, my hubby Canadian. We are applying for his permanent legal resident status in the US without filing the K-3. We have already filed the I-130 at the Am. Consulate in Vancouver yesterday, which they approved and it now goes to Montreal. I know they will send a checklist. Can anyone tell me what happens after that , what forms we need to do, approx. time lines???? Also, some specific questions are:

1. We both live in Canada currently and will sell our house and want to move to the US together but it states that I will need to show proof of domicile in the US before his final interview. Will I have to move ahead of him to establish an address or will proof of ties (all my family) be good enough?

2. On the I-864, will a letter of employment waiting for us suffice (stating wage, etc) or again, will I need to move first and start work. Also, it states that assets will be considered. When we sell our house here, we will have more than enough in assets without employment. Should we use employment and assets?

3. Do we still need to file an I-485?

4. I see people talking about EAD, AOS, etc etc. What are these and will we need them?

5. Does anyone know how much the medical costs in Vancouver? My hubby doesn't have vaccination records as in Canada, they get them in school everyear, when needed. Will this doc know that? If not, what does he do if he needs records?

Any and all info would be very much appreicated!

Thank you,

Liane

Thank you for your reply Yuand Dan. It was somewhat helpful. But as far as a domicile is conerned, we left the US 5 years ago to take care of his elderly, ailing parents. We were renting in the US. We bought a home in Canada, which we will sell. His folks have now both passed and we are ready to go back to the US. We will buy a home when we move. I still have ties there, no domicile at present time. Also, as far as tax returns, I haven't filed any since I haven't worked since we moved to Canada. So, now what?

Liane

[kitkat1 5]

Without US domicile it sounds like maybe you should be doing Direct Consular Filing in Canada. You might want to read through the foum to see if that's a smarter, available option for you.

[YuAndDan 153]

Thank you for your reply Yuand Dan. It was somewhat helpful. But as far as a domicile is conerned, we left the US 5 years ago to take care of his elderly, ailing parents. We were renting in the US. We bought a home in Canada, which we will sell. His folks have now both passed and we are ready to go back to the US. We will buy a home when we move. I still have ties there, no domicile at present time. Also, as far as tax returns, I haven't filed any since I haven't worked since we moved to Canada. So, now what?

Liane

You need to get with a tax accountant and file the back tax returns, living out side the country may exclude you from paying taxes but dose not exclude American citizens, and LPRs from filing returns, unless your income exceeds, I think 60 or 70,000, you wont pay tax, but you need to contact a tax accountant to get this straight. They will ask for IRS returns, probably from the past 3 years.

Another article:

DOCUMENTATION - FEDERAL TAX RETURNS

By law, all petitioning and joint sponsors must submit copies of their three most recent Federal tax returns as well as all W-2s. Copies of any Forms 1099 that reflect income used to qualify must also be submitted, State tax returns are not required; if submitted they must be returned.

Generally after April 15, a sponsor can be expected to have completed the Federal tax return for the previous year. If an extension was requested the sponsor should provide proof of filing for the extension. If a sponsor did not file tax returns, he or she must prove that there was no obligation to file. Note that U.S. citizens generally have an obligation to file Federal tax returns on non-U.S. earnings, even if there was no tax liability.

If a sponsor should have filed, they must file retroactively and provide proof of filing. Note that U.S. citizens employed abroad must file U.S. tax returns on foreign earnings, even if they have no tax liability.

Offices should encourage submission of IRS transcripts of tax returns in place of photocopies of tax returns. Photocopies of Forms W-2 and 1099 must still be submitted. Tax transcripts provide proof that the returns were filed with IRS, are easier to read, take up less room in the file, and are easily obtained. The most desirable way to obtain these documents is to order them, free of charge, by sending IRS Form 4506 to IRS. (It is also possible to get transcripts by phone or by going to a local IRS office in person, but the transcripts obtained through these means are somewhat less desirable.)

http://www.immigrationlinks.com/news/news214.htm

Without US domicile it sounds like maybe you should be doing Direct Consular Filing in Canada. You might want to read through the foum to see if that's a smarter, available option for you.

Kitkat DCF still needs to show domicile in the states, it is just the process of filing for IR-1 visa at the consulate rather than through USCIS.

Domicile

Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a sponsor?

No. The law requires that sponsors be domiciled (live) in any of the States of the United States, the District of Columbia, or any territory or possession of the United States.

If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

No. Under the law, a joint sponsor cannot sponsor an immigrant when the petitioner does not have a domicile in the United States. The petitioner must first meet all the requirements for being a sponsor (age, domicile and citizenship) except those related to income before there can be a joint sponsor.

http://travel.state.gov/visa/immigrants/in...nfo_1328.html#4 Edited November 18, 2006 by YuAndDan

[AmCan 0]

Without US domicile it sounds like maybe you should be doing Direct Consular Filing in Canada. You might want to read through the foum to see if that's a smarter, available option for you.

Again, thank you. I will check into it as I have an uncle who works for the IRS. I have had NO income since I moved to Canada as only my husband works. If I do file the tax returns, which will show zero income but will have employement waiting for both of us and with our assets, will that be good enough????

What about domicile? Should I move ahead of him to establish domicile or are my ties to the US (my faimily) enough?

Liane

[meauxna 15]

What about domicile? Should I move ahead of him to establish domicile or are my ties to the US (my faimily) enough?

Liane

What you are doing is unofficially called Direct Consular Filing/DCF. Thereis a Guide that Dan gave you the link for, and a forum dedicated to it here. At the top of that forum is a pinned post that explains the specifics for Canadian cases.

Domicile and residence are not the same thing. It's possible that you've been living in Canada but could still have a US domicile. Normally, for Canadians, you are not required to return to the US ahead of your spouse's visa interview.

[AmCan 0]

Geesh, this is complicated. Soooooooo, before my hubby goes for his interview in Montreal, I should have already moved back to the US? I thought somewhere it said, if not living there, must be moving there very soon after the visa approval and if not domicile, must have ties in the US.

[YuAndDan 153]

Without US domicile it sounds like maybe you should be doing Direct Consular Filing in Canada. You might want to read through the foum to see if that's a smarter, available option for you.

Again, thank you. I will check into it as I have an uncle who works for the IRS. I have had NO income since I moved to Canada as only my husband works. If I do file the tax returns, which will show zero income but will have employement waiting for both of us and with our assets, will that be good enough????

What about domicile? Should I move ahead of him to establish domicile or are my ties to the US (my faimily) enough?

Liane

The tax issue, If you can show that you were un-employed you may be able to write a note indicating that is the reason why you did not file returns, again consult a tax pro about that.

Good Luck!

Edited November 18, 2006 by YuAndDan

[AmCan 0]

I know I am doing a DCF but I am still confused. What is the difference between a domicile and residence? I thought they were one in the same. I will look at Dans link, which I think I've already done this morning. It seems that most of the postings I've read deal with Fiance visas and K-3's, which don't pertain to me.

What about domicile? Should I move ahead of him to establish domicile or are my ties to the US (my faimily) enough?

Liane

What you are doing is unofficially called Direct Consular Filing/DCF. Thereis a Guide that Dan gave you the link for, and a forum dedicated to it here. At the top of that forum is a pinned post that explains the specifics for Canadian cases.

Domicile and residence are not the same thing. It's possible that you've been living in Canada but could still have a US domicile. Normally, for Canadians, you are not required to return to the US ahead of your spouse's visa interview.

[meauxna 15]

I know I am doing a DCF but I am still confused. What is the difference between a domicile and residence? I thought they were one in the same. I will look at Dans link, which I think I've already done this morning. It seems that most of the postings I've read deal with Fiance visas and K-3's, which don't pertain to me.

What about domicile? Should I move ahead of him to establish domicile or are my ties to the US (my faimily) enough?

Liane

What you are doing is unofficially called Direct Consular Filing/DCF. Thereis a Guide that Dan gave you the link for, and a forum dedicated to it here. At the top of that forum is a pinned post that explains the specifics for Canadian cases.

Domicile and residence are not the same thing. It's possible that you've been living in Canada but could still have a US domicile. Normally, for Canadians, you are not required to return to the US ahead of your spouse's visa interview.

There are several links to official description/discussions of domicile in the DCF Guide and if you download the I-864, the instructions also have a good explanation.

The Guide should answer the majority of your questions, and I think if you read the Canadian DCF thread it will also help.

AOSEAD/AP are all for people who are becoming Permanent Residents while inside the US. Your spouse will do the same functions outside the US so that when he crosses the border, he becomes a PR immediately. PR status=Green Card. I recommend that you read the link in the Guide called Now That You Are a Permanent Resident; it details the work, travel and residence permissions of a PR.

If you've been married over two years, his status will be IR, his card will be valid for 10 years and you don't have to read the part about 'removing conditions'.

See you in the DCF forum!

[kitkat1 5]

I know I am doing a DCF but I am still confused. What is the difference between a domicile and residence? I thought they were one in the same. I will look at Dans link, which I think I've already done this morning. It seems that most of the postings I've read deal with Fiance visas and K-3's, which don't pertain to me.

DCF is not available to fiances. Once you have read through the DCF Canada forum, you may want to consult a lawyer experienced in DCF in Canada to be sure you understand the rules regarding domicile/residence and the affadavit of support requirements.