Filing from abroad

[MauBicara 0]

Hello,

I am a USC who has lived in Canada for the past three years. I was previously a worker, then a student, and became a permanent resident of Canada just in December. I have recently been accepted to some very good PhD programs in the US, and would like to move back to the US with my Canadian wife for at least the duration of this program.

I have a few questions related to the sponsorship process:

For the I-864, I have not maintained a domicile in the US. Is my *intent* to establish domicile, evidenced by my admission letter sufficient? Further, a program I am considering is in my hometown and I may live with my parents rent-free until my wife is able to join me in the US (to avoid paying a US and Canadian rent). Would a letter from my parents confirming this situation assist?

Secondly, for the I-864P-- I have been living and working in Canada, and have had no US income for the past few years. However, my employment in Canada has been sufficient to surpass 125% of the poverty line. Do I use Canadian income for this form, even though I will not be making money from the Canadian employer once I return? Is the average currency exchange value from the IRS the one used for this purpose? I have been offered a stipend (guaranteed for five years) from my PhD program that surpasses the 125% income requirement. Would an official letter from the school indicating this also help?

I am waiting to hear from a Canadian institution as well, and may well prefer to stay here (pending further research), however it is causing a great deal of stress as if I do move back to the US it will need to be in August to begin in September. Is there a procedure for speeding up processing times for bona fide residents abroad? If not, how possible is it for my wife to do an extended visit to the US (perhaps two months?) while we await processing?

Thanks

[NikLR 13,232]

A) no. Please see the Canada forum and the huge thread we have about domicile. Montréal is one of the harder places for domicile even though Canada is low fraud.

B) no. You cannot use income that will not continue. You can use assets or a joint sponsor.

C) your wife will be able to visit but may be asked to provide proof of her ties to her home country.

Edited February 7, 2016 by NLR

[MauBicara 0]

Thanks for your response. After poking around the Canada domicile thread, I may or may not feel better about things... So, when does the issue of domicile actually come up? I live in Canada now, but if we decide to move stateside, I would almost certainly be in the US before her interview.

My main concern is getting things in motion as soon as possible to minimize the amount of time we would have to be apart. If I file the I-130 late next month, is domicile assessed then, or is my moving in August going to suffice on that front?

For the issue of income, official documentation of my university stipend does not suffice? If not, then could my parents serve as co-sponsors even if we don't live with them? Thanks again for your help.

[NikLR 13,232]

Domicile comes into play a little at the NVC but mostly at the interview.

Being already in the USA when you submit thr affidavit of support to the NVC nullifies the domicile issue.

Will the stipend continue after you move? Otherwise yes your parents can be your joint sponsor.

Fyi this process takes about a year.

[MauBicara 0]

Thanks-- to clarify, the stipend is from the university I would be getting my phd at in the US. I have a source of income in Canada that will end, but the stipend from the US university kicks in if I enroll there. That guarantees me a sum of money that exceeds the requirement for the next 5 years.

Effectively, my plan is to demonstrate intent to domicile with my US school acceptance letter and confirmation of enrolment, and a letter from my parents indicating they will allow us to live there while we get established in the US. I know the process is about a year-- and I will be moving in August. So even though I will be in Canada when I file the I-130, I will show intent to move, and will have actually moved about 5 months into the process.

For income, I'll show past income and savings, but also my letter from the university I will attend that indicates the annual amount of the stipend I will be receiving. If it were required my parents can easily co-sponsor.

Edited February 7, 2016 by MauBicara

[NikLR 13,232]

Well then it sounds like you'll be earning an income by the time the NVC rolls around anyhow which should cover thr poverty guidelines and domicile.

Past income means nothing without current income or assets anyhow.

For example:

You could've made 500k a year the past 3 years but if you were unemployed at interview time with no assets and no joint sponsor, the visa would be dead in the water until one of those were provided.

The I-130 does not need anything in regards to domicile. You can delay the AOS submission at the NVC until you've moved and your stipend has started too. That way domicile and income are moot points for them. That's what I would do.