Qu.s about addresses & what constitutes 'living' somewhere

[Courtney86 29]

Hi all. Brand new to this forum; thanks so far for all the helpful advice. First, my situation:

 

I am American; my wife is Canadian. I've been in Canada the last 7 months as a tourist (extended my visitor status), and should be here for another year before we want to move back to the US. We were planning on me doing Canadian PR, so that I could legally stay that long, but are considering keeping me on tourist visas since we are moving back so soon (relatively, to immigration processing times). Instead, we want to start her US PR paperwork asap, so that by the time we move, she can legally work. That's how I ended up on this forum. 

 

My questions have to do with stating addresses, and where I live.

 

1) On the I-130 it asks for my current address and last 5 years. For Canada immigration, it's a big no-no to saying I'm living here (and not visiting) since I'm on a tourist visa. So my permanent and mailing address still remains the last place I lived, in California. However, I am very hesitant to put that California address as my 'current' physical address since I haven't lived there for months and I don't truly, legally have residency there (I was a live on-site manager). Is it problematic to put my wife & I's Canadian apartment as my current physical address, even though I'm here as a tourist? I am technically on the lease, but I don't know what the right answer is. 

 

2) We don't know for sure where we are going to live when we move back to the US. We are your typical ;-) nomadic hippies who are about to be giving up our apartment for living in a camper van we're renovating and working remotely. Immigration is generally not made for people who live outside the box, and I don't know the best course of action. We are likely going to be based at a friend's property (20 acres) for several months, but we won't exactly have a lease or anything. How important is it to have an exact address? Surely there are more normative people who know they want to move to xyz city and won't know what apartment they find until months later when they actually move, right?

 

Thanks for the help getting started on this! 

 

p.s. From all the reading I've done, I've gathered that our best course of action is spousal sponsorship via CR-1 (conditional because we got married only 1 month ago), starting with the I-130. Is this correct? And she also needs to do the 1-130a? 

[JFH 12,190]

You must put the Canadian address. It matters not to the US authorities what your status in Canada is. That's not why they are asking. Don't read anything into the questions or try to guess what the question is for. Always answer exactly as instructed. If that's where you sleep each night, that's your address for this purpose.

 

It doesn't matter if you have no address. We didn't either. We used the address of a relative but it is also possible to put just the state, if you know which state you will be moving to. Your situation is not that unusual. My husband lived off-grid for many years in a converted shipping container with no real physical address. Many people do this or similar and it's not an issue. 

 

You will be required to demonstrate your intent to re-establish domicile later in the procedure. Have you been filing tax returns? Kept your drivers license? Kept a bank account?

[Courtney86 29]

2 hours ago, JFH said:

You will be required to demonstrate your intent to re-establish domicile later in the procedure. Have you been filing tax returns? Kept your drivers license? Kept a bank account?

 

Perfect, thanks for that info for the first 2 questions! 

 

Domicile is something I've been very confused by. Yes, I've been filing US tax returns, still have my US bank account, still employed by a US company with a letter stating I am based out of San Francisco but allowed to work remotely and travel, and yes, I still have my California license. 

 

One reason I'm hesitant to do my own Canadian PR actually is wanting to keep things like my license US (my car is up here but still on California plates since I'm currently a visitor). Originally I wanted to keep my license US because we are actually going to be converting a school bus, and I wanted to bring a US bus over the border to start on it sooner than we'd be moving. Didn't want to deal with changing a Canadian bus to the US later. But it sounds like it's also a good idea to keep my license US for me sponsoring my wife?

 

My smog inspection is due next year around the time we are moving, and I either have to go do it in person to reregister my car, or change to Alberta registration. So I was hoping to stay as a visitor til then, hang on to my US plates, and drive down a bit earlier than her and re-register it. Would having a newly renewed US car registration also help with domicile? You mentioned 'later in the procedure'...how far into the procedure? I'm hoping to turn in the 1-130 by end of Septemeber. 

 

Thank you so much!

[Courtney86 29]

Side question- 

 

If we were to decide to do my Canadian PR and her American PR at the same time (since I can meet Canadian Residency Obligations being in either country as long as we are together), does this cause any issues? I'm assuming the two offices don't really talk to each other. 

[JFH 12,190]

Your status in Canada is if no concern to USCIS. So if there is something to be gained by your obtaining Canadian PR then why not? I know nothing about the process in Canada but the immigration officials in the USA will only be interested in your spouse and their past and not whether you hold residency elsewhere. 

 

The process works like this:

 

- you as the USC send the I-130 package to Chicago (since you are overseas). This  is basically your declaration that you are a USC, you are legally married to your spouse and you are therefore requesting permission for your spouse to apply for an immigrant visa.

- USCIS will check the validity of your claim - they will check that you are really a USC, you are eligible to file (certain criminal convictions would exclude you), you are legally married and if they are satisfied that those criteria have been met they will approve the petition

- the approved petition is sent to the NVC. This is just a pre-screening service for the embassy. Your spouse will be invited to pay the relevant fees, complete a visa application form and submit various documents to prove eligibility for the visa (marriage certificate, police certificate, etc). Your spouse must also demonstrate that they will not become a public charge. You will be the sponsor but if your income is not sufficient and will not be continuing from the same source when you move back to the USA then you will need to find another person willing to be a joint sponsor. Certain financial documents will need to be submitted for review. At this stage you will also need to demonstrate that you intend to return to the USA permanently either with or before (but not after) your spouse. This is because the visa is so that you can live together - a reunification visa. So you will need to show you are making a permanent home here - a lease, job applications, a bank account, a drivers license, voting, etc. 

- once NVC has pre-screened the documents and the visa application is complete, NVC sends the file to the relevant embassy. In your case this will be Montreal. 

- your spouse will attend a medical appointment to make sure there are no conditions present that would make them ineligible for the visa 

- your spouse then attends the interview in Montreal and is (hopefully) approved for the visa. The passport is returned with the visa inside and off you both go into the sunset and across the border. 

 

[Courtney86 29]

49 minutes ago, JFH said:

The process works like this:

 

- you as the USC send the I-130 package to Chicago (since you are overseas). This  is basically your declaration that you are a USC, you are legally married to your spouse and you are therefore requesting permission for your spouse to apply for an immigrant visa.

 

 

Is there any benefit to applying from within the US rather than overseas? For Canada PR you have the option to apply 'Outland' even if you are physically in Canada at the time. Does the US have something similar? Could I apply from 'within' the US, even though at the moment I'm physically in Canada? And if so, does it make it easier in some way?

 

If my spouse is from a visa-exempt country, can she still visit the US without a visa? Or do things change once I've turned in the 1-130 asking for permission to apply for an immigrant visa? Or, if it does change things, does it only change once she's actually submitted this visa app, rather than the 1-130 asking for permission to?

 

53 minutes ago, JFH said:

Your spouse must also demonstrate that they will not become a public charge. You will be the sponsor but if your income is not sufficient and will not be continuing from the same source when you move back to the USA then you will need to find another person willing to be a joint sponsor. Certain financial documents will need to be submitted for review.

 

 

How does she demonstrate she will not become a public charge? It's not like she can show she has a job in the US if she doesn't have legal right to work yet, and she won't keep her current job once leaving Canada. Does she have to show a certain amount of savings?  

 

I've read that the income requirement is 125% of the poverty level and I likely won't meet that this year, since I've been in Canada and only working part time remotely. I will likely have my mom co-sponsor. The sponsor does not have to live with you, correct?

 

53 minutes ago, JFH said:

At this stage you will also need to demonstrate that you intend to return to the USA permanently either with or before (but not after) your spouse. This is because the visa is so that you can live together - a reunification visa. So you will need to show you are making a permanent home here - a lease, job applications, a bank account, a drivers license, voting, etc. 

2

I understand this in theory, but I'm concerned about my ability to show it. If we are planning to live in our camper van on a friend's property, we won't have a lease, utilities, etc. I am between working remotely part time and starting my own business. So won't have job applications or anything showing a job at a physical place. Any advice on the best ways to show that yes, we fully intend to live in the US, we are just doing it a little out of the box?

 

1 hour ago, JFH said:

 

- once NVC has pre-screened the documents and the visa application is complete, NVC sends the file to the relevant embassy. In your case this will be Montreal. 

- your spouse will attend a medical appointment to make sure there are no conditions present that would make them ineligible for the visa 

- your spouse then attends the interview in Montreal and is (hopefully) approved for the visa. The passport is returned with the visa inside and off you both go into the sunset and across the border. 

 

1

Why Montreal? We live in Calgary; is there any chance of filing somewhere closer? It's incredibly expensive to fly within Canada, especially that far. Do all US applicants residing in Canada have to apply via Montreal? Would it be any different if I was petitioning for her from the US?

 

Thank you so very much for your original thorough answers, and for taking the time to read all of my new questions!

 

 

 

 

[Ryan H 3,812]

2 hours ago, Courtney86 said:

Is there any benefit to applying from within the US rather than overseas? For Canada PR you have the option to apply 'Outland' even if you are physically in Canada at the time. Does the US have something similar? Could I apply from 'within' the US, even though at the moment I'm physically in Canada? And if so, does it make it easier in some way?

 

If my spouse is from a visa-exempt country, can she still visit the US without a visa? Or do things change once I've turned in the 1-130 asking for permission to apply for an immigrant visa? Or, if it does change things, does it only change once she's actually submitted this visa app, rather than the 1-130 asking for permission to?

 

Why Montreal? We live in Calgary; is there any chance of filing somewhere closer? It's incredibly expensive to fly within Canada, especially that far. Do all US applicants residing in Canada have to apply via Montreal? Would it be any different if I was petitioning for her from the US?

 

Answers:

• Makes no difference, you still have to send the petition to a lockbox and it will be routed to a service center from there.
• She can visit during the process but there is no guarantee of admission; she should carry evidence of her ties to Canada in case they are asked for by CBP.
• The US Consulate in Montreal is the only location that conducts immigrant visa interviews.  Your spouse will travel there for the visa interview.  It has nothing to do where you file the petition as you send it to the lockbox as indicated on the I-130 instructions.

[Courtney86 29]

1 hour ago, Ryan H said:

The US Consulate in Montreal is the only location that conducts immigrant visa interviews.  Your spouse will travel there for the visa interview. 

 

Where does it say this? When I went to NVC on travel.state.gov it said "U.S. Embassies and Consulates: nearest your residence abroad, where you will apply and be interviewed for your U.S. visa." with a link below to find yours. When I clicked on that link (https://www.usembassy.gov/canada/) and chose Canada I was given several listed, including Calgary.

 

I'm sure you are correct if you are telling me, but can you point me to where it says this so I can keep track of everything correctly?

 

Do I also have to attend the interview with my spouse?

[Ryan H 3,812]

31 minutes ago, Courtney86 said:

Where does it say this? When I went to NVC on travel.state.gov it said "U.S. Embassies and Consulates: nearest your residence abroad, where you will apply and be interviewed for your U.S. visa." with a link below to find yours. When I clicked on that link (https://www.usembassy.gov/canada/) and chose Canada I was given several listed, including Calgary.

 

I'm sure you are correct if you are telling me, but can you point me to where it says this so I can keep track of everything correctly?

 

Do I also have to attend the interview with my spouse?

 

Unfortunately, the embassy websites are no longer as detailed as they used to be when it comes to this information.  What I can say with absolute certainty is once you receive a case number from the NVC, the first 3 letters will say MTL which means Montreal.

 

Furthermore, if you go here:  https://travel.state.gov/content/visas/en/immigrate/immigrant-process/interview/prepare.html

Scroll down to step 2, you will see a drop down menu for all Consulates that conduct IV interviews, Calgary is not listed (you may see Vancouver listed as they used to conduct K visa interviews but that ended last year).

 

They will only want to interview your spouse, you will not be required to appear but you can go if you wish to do so.

[Courtney86 29]

On 8/6/2017 at 9:34 AM, JFH said:

you as the USC send the I-130 package to Chicago (since you are overseas). This  is basically your declaration that you are a USC, you are legally married to your spouse and you are therefore requesting permission for your spouse to apply for an immigrant visa.

 

Hi again, just to clarify- there is no benefit to sending our app to the lockbox in Pheonix (for people living in California) vs the lockbox in Chicago (for people overseas)? 

 

I've read through several threads here that make it sound like applying from overseas takes far longer, but since it will be my Canadian address on the form as my place of residence the last 8 months (even though I'm a visitor), and using my name on the lease as proof of our union, it seems I have no choice but to send it to Chicago? 

 

Any idea on the total process time after sending to Chicago? I've been looking at everyone's timelines and it seems anywhere from 6-14 months so I'm really not sure what to expect. 

 

On 8/6/2017 at 9:34 AM, JFH said:

Certain financial documents will need to be submitted for review.

 

I am correct that the Affidavit of Support does not get turned in until sending docs to the NVC to review, correct? I am concerned about being able to show enough income and wondering how long I have to make a plan. I have mostly been living off savings for 2017 with only about $5K so far in remote work income. Beyond the 3 previous years of taxes (which are all 125% of poverty level), would I need to show paystubs/invoices from work completed in 2017 that add up to 125% of the poverty level? At this time I don't have a joint sponsor. 

 

Is there any ability to show proof of savings in lieu of work? i.e. Showing my bank account starting with $16K in January and going down over the months? Not that it's helpful to show how little money I have now... Thoughts?

 

Thank you!

 

[Ryan H 3,812]

There is no benefit to sending your petition (you are submitting a petition, not an application {or "app"}) to the lockbox in Phoenix.  Since you are currently living abroad, you send the petition to Chicago per instructions.

 

You are correct, Affidavit of Support forms and documentation is not submitted until the NVC phase.

 

If you want to qualify using your savings alone, the total amount must be greater than or equal to the answer of this formula:  qualifying number for household size on current I-864P x 3.

[Courtney86 29]

@Ryan H

Thanks Ryan. Re this question: "would I need to show paystubs/invoices from work completed in 2017 that add up to 125% of the poverty level?"

 

i.e. If I file before 2017 taxes are completed, and I don't have a salaried job to show my recent paystubs from, can I show (with proof of invoices/bank transfers) that I have made that 125% in income from remote freelance work for 2017? 

 

Basically I'm not there yet but if that's what I need to do, I'll hustle to make more money and then turn in that paperwork once I've made the 125%. I guess my question would be if there is any issue with it being from irregular freelance work rather than a steady salary job. 

[JFH 12,190]

12 hours ago, Courtney86 said:

@Ryan H

Thanks Ryan. Re this question: "would I need to show paystubs/invoices from work completed in 2017 that add up to 125% of the poverty level?"

 

i.e. If I file before 2017 taxes are completed, and I don't have a salaried job to show my recent paystubs from, can I show (with proof of invoices/bank transfers) that I have made that 125% in income from remote freelance work for 2017? 

 

Basically I'm not there yet but if that's what I need to do, I'll hustle to make more money and then turn in that paperwork once I've made the 125%. I guess my question would be if there is any issue with it being from irregular freelance work rather than a steady salary job. 

Unless you will continue to earn from the same source after you move back to the US, it's irrelevant what you have now. You will be required to have a joint sponsor unless you can prove that you will be paid from the same source. 

[NikLR 13,227]

Self employment income is based on the year prior taxes.  Depends how you're filing. 

[Courtney86 29]

On 9/23/2017 at 6:48 AM, NikLR said:

Self employment income is based on the year prior taxes.  Depends how you're filing. 

I'm not sure how you mean. Are you saying that in regards to the AOS, the amount I need to make as a self-employed person is different than the standard answer of 125% of the poverty level?

 

When do you say 'depends how you're filing', you mean my 2017 taxes not my immigration paperwork, correct? I will be filing as a self-employed contractor. I freelance work but don't have my own company/sole proprietorship/LLC, etc.