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

[Courtney86 29]

On 9/23/2017 at 6:41 AM, JFH said:

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. 

Does the same source mean the money is coming from the same person/company only (i.e. being employed by one person or business), or can it mean from multiple sources via my one business? 

 

i.e. If I am a freelance consultant and coach but with constantly changing clients, does my business of consulting constitute the 'same source'? If so, must it be a registered biz of some kind (sole proprietorship/LLC/etc)? Currently I'm just freelancing as a contractor. 1099 cash work kind of thing.

 

I appreciate the help.  

 

[Villanelle 4,122]

To use self employed income you need at least 1 year of tax return showing that 1099 income at the poverty percentage.

 

It is also better to file overseas. Its quicker. 

[Courtney86 29]

1 minute ago, Damara said:

To use self employed income you need at least 1 year of tax return showing that 1099 income at the poverty percentage.

 

It is also better to file overseas. Its quicker. 

Thanks, I saw your other answer as well. Appreciate it! So then it sounds like I have to wait to send the AOS until I've filed my taxes in Jan. 2018.

 

My follow up question then: what is the average time line of getting the request for AOS (and the other docs) for NVC? I was trying to send the 1-130 this week but if the next step comes pretty quickly (a couple months or less) than maybe I don't need to rush, since I won't be able to send anything til after January. 

 

I've been very confused on the time it takes to finish this process. I read everyone's timelines on their signatures but many are from years past and perhaps current processing times are different, and even when they are recent seem to range anywhere from 6 months to 14 months. I know there are different factors, just trying to get an idea of someone similar to me. We wanted to move in Sept. 2018, so I figured I needed to start this...yesterday. I'll keep searching but any links to current threads on timelines?

 

I am filing for my Canadian spouse, and though I'm outside the US, Canada does not have DCF so I'm not sure if it's any faster than in the US. 

[Villanelle 4,122]

You can send the 130 now. it takes time. They dont want the 864 until NVC. REread the post about how things happen. Even if you mail it today it would be crazy for you to be set for interview by Jan but it can happen. You can delay NVC and the interview until after Jan if you get fasttracked. 

 

When you apply from overseas you are automatically expedited. So you should expect the process to be quicker then some peoples timelines.  I have no idea how long it will take to process in Canada. Search threads for overseas filers from there or look at timelines that are also overseas there. Even though its not DCF is it expedited. 

[Villanelle 4,122]

Also once approved at the interview and the visa is issued you have 6 months to travel on it.

 

Being on the border I dont know if you guys are planning any trips while it processes or after the approval but before the big move. You can only use the visa once to enter. She will then be a LPR. You can try to enter with out using the 'visa before you are ready to move but theres no guarentee CBP will process it correctly. They may activate her visa and make her an LPR> This matters because once an LPR she has to reside in the US. Can still visit Canada but lives in the US>

[Courtney86 29]

30 minutes ago, Damara said:

You can send the 130 now. it takes time. They dont want the 864 until NVC. REread the post about how things happen. Even if you mail it today it would be crazy for you to be set for interview by Jan but it can happen.

Yes, I knew it took some time, it just seemed some overseas people were getting the request from NVC pretty quickly (sooner than 2 months or so). I have looked at the process/how it works, and perhaps I was mistaken- I thought I needed to show the AOS proof when submitting the docs to NVC vs. later on when the interview happens. If I don't need the proof (i.e. my 2017 tax return) until the interview, then I definitely don't need to rush. Either way, I'll take my time. 

 

Thanks for the info. Good to know about the overseas expediting regardless of no DFC. Sorry for the multiple posts :-/  

[NikLR 13,227]

You file a 1099? Then you're self employed and unlike a normally employed person who gets a w2, your income is based on the previous year's tax return.  

[NikLR 13,227]

Your biggest issue with be domicile.  As a self employed person you won't have the evidence of a job in the USA to show you live there.  You'll need a home, by interview, which includes bills, driver's license etc..  Montreal is very strict on this issue. 

Edited September 25, 2017 by NikLR

[NikLR 13,227]

Also you need to send the I-864 and evidence to the NVC and it will need to satisfy them before they book an interview.  Their job is to make sure everything is as complete as possible for the CO at interview.  But you can delay sending things to the NVC by a year. 

[Courtney86 29]

16 minutes ago, NikLR said:

Your biggest issue with be domicile.  As a self employed person you won't have the evidence of a job in the USA to show you live there.  You'll need a home, by interview, which includes bills, driver's license etc..  Montreal is very strict on this issue. 

Well. .  I've been reading up quite a bit on domicile and been wondering about this. I was salaried by one employer the last 3 years and am still working for him, but now as a contractor (since Jan. 2017). I currently have a letter from him that I used for Canada immigration (to show ties to the US) stating that I am based in San Francisco but free to work remotely anywhere.

 

-Is a similar letter from him saying I've been working remotely in Canada but will be returning to the US helpful, or not really if it's only a small part of my work (I have several other clients/contracts making up my income)? 

 

My license, car insurance, travel insurance, credit card address, etc. are all still an address in SF. I thought this would help with domicile; it seemed I could fall under the 'temporary abroad' category with all of these items still US based. That being said, we are actually going to move to southern California, not SF. 

 

-Would I need to transfer all of these things to a southern California address instead of SF to show domicile, or would it be enough that they are US based?

 

Thanks much

[Courtney86 29]

27 minutes ago, NikLR said:

Also you need to send the I-864 and evidence to the NVC and it will need to satisfy them before they book an interview.

Thanks. I have read that; I was just confused on when in the process. Got mixed up by the NOA1 and NOA2. I thought after NOA1 you were requested to send the I-864 in, but according to the guide (http://www.visajourney.com/content/i130guide1) it seems it's after NOA2. And from looking at various timelines, that could be 3-5 months after submitting the I-130.

 

Does that all sound about right? I will need to wait until I have filed my 2017 taxes since I have only been self employed for 2017, that's why I was checking. That and I need to hustle to the 125% mark before Dec. 31st ;-) 

[Courtney86 29]

4 minutes ago, Courtney86 said:

Your biggest issue with be domicile.  As a self employed person you won't have the evidence of a job in the USA to show you live there.  You'll need a home, by interview, which includes bills, driver's license etc..  Montreal is very strict on this issue. 

Also, any other light you can shed on domicile in regards to Montreal would be really helpful (or threads you know of). I'm nervous because we are moving to a friend's property in the mountains, living in our camper van, and both working remotely/digital nomad. So no traditional lease/mortgage or utilities. I could probably get my friend to write up a basic lease/agreement- will they want something more official/legal?

 

There is a mailing address to the property but if I can just keep everything in the SF address (as I asked above) until we actually move that would probably be way easier.  

 

 

[NikLR 13,227]

It's up to the CO really.  They would get you past the NVC but a CO may ask, is this where you will live? If that answer is no or doesn't line up with the DS-260, then your domicile has issues.  Generally you need a lease or mortgage or letter from family along with bills to satisfy Montreal for domicile.  I have never seen someone make it through Montreal without the petitioner living in the USA to be honest.  Not saying it doesn't happen, but since I've been on this board in 2012, this is the main reason for a 221g from Montreal.  They can take months to review any documentation as well.  

 

Yes the I-864 comes after NOA2 and is sent to the NVC.   If you won't have it ready until Jan or later but you get NOA2 sooner, you just won't email the package containing the I-864 until it's ready.  You have time and can make time at the NVC as necessary. 

There's a thread in the Canada forum you can check out.  

[Courtney86 29]

53 minutes ago, NikLR said:

There's a thread in the Canada forum you can check out.  

Thanks. I found a thread about establishing domicile via Montreal. Soounds like you have to have all of your ducks in a row and then some, but several people have been successful without living in the US. Worst case I'll head down a month or two earlier if we feel like our case is weak when that time comes around. I was eventually going to register my own business rather than just freelance, so I'm thinking before our interview is a great time to bite the bullet and do that ;-)