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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

I sent my husband's I-130 on March 1, 2017, it was received March 2, 2017. We both live in Canada, and I have established domicile in US (cell phone, bank, address, etc).

My study visa for Canada expires August 31, 2017. I was hoping we would get approved in 5 months time, but apparently most people are saying it is taking a year. 

I know my husband can't stay in the US while it is being processed, but since my visa expires in August we were thinking that while we wait for the I-130 to get fully approved (if it does take a year) we would take a working holiday to Australia.

Does anyone know if it matters if we leave Canada, I can of course notify USICS of change in address and have them send everything to my US address instead of to Canada since my grandma lives at my US address.

Filed: Lift. Cond. (pnd) Country: India
Timeline
Posted
48 minutes ago, brownsabine10 said:

Does anyone know if it matters if we leave Canada, I can of course notify USICS of change in address and have them send everything to my US address instead of to Canada since my grandma lives at my US address.

I don't think it matters TOO much where either of you live while your I-130 application is being processed. However, there are some things to keep in mind --

  1. You should update your mailing address with USCIS whenever you move/leave. It's best to give a US postal address if possible (a relative maybe).
  2. When you get to the NVC stage, your physical address (Australia or Canada) will be different then your Country of Domicile (USA). You will need to either prove that (1) your stay abroad is temporary and you have maintained domicile in the USA, or (2) you intend to reestablish domicile prior to your husband immigrating to the USA. If you do some quick Google, you'll be able to see the types of  evidence you'll need to acquire.
  3. If your husband ends up staying in Australia for >6 months, then it is likely he will need to acquire a police clearance certificate from the appropriate local authority in Australia. Police clearance certificates are required for all places you live for >6 months.

Good luck!

 
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