spousal visa Can a US non-resident Citizen sponsor his spouse? NEED HELP!

[mumbles1416 10]

I am a US Citizen, currently living in Canada. My Canadian wife of 6 years and i wish to move back to the US.  I am confused as to how I can apply to sponsor her while I live and work in Canada.  I have filed all my taxes in Canada and also filed my US EXPAT taxes each year while being abroad.  I will have a job lined up and will be staying with family when we arrive in the US.  When we were looking at all the forms, the affidavit of support form states you must have a domicile in the US to file? 

 

Also I should note that we have a daughter who was born in Canada who will have proof of US Citizenship.

 

TIA

[Ben&Zian 4,398]

Yes you need to prove domicile in the US... this could be somewhere to live(so with family), things like a bank account in the US. Having a job lined up is a good thing also.

 

Having kept up with your US taxes while out of country is another good thing as this is something that generally causes people some issues.

[NikLR 13,232]

You can start the process from Canada, however, the US consulate in Montreal, where all immigrant visa interviews take place, is very strict on domicile.  Eventually, you will need to move back to the USA.  Also if your job will not continue after you move, you will either need US income, 3x the asset value, or a joint sponsor for the I-864.  However all of that is about 3-6 months away, so you can start the process now and work on getting domiciled in the USA during that time.  Because you are filing from Canada initially, it's possible that your USCIS portion of the process can be faster but I would bet on it being about 6 months.  

 

We have a huge thread in the Canada regional forum about US domicile and the issues people have at the consulate if they aren't. 

Edited January 23, 2017 by NikLR