Married 12 years, US Citizen living in Canada (ready to return) Advice needed

[Rachela 1]

Hello, I'm thankful to have found a forum where I can ask questions from real experience. 

 

I'm a US citizen. My Husband is Canadian. We have been married 12 years and live in Canada together (we have our entire marriage). I am a dual citizen of Canada and the US.

 

We just sold our home in Canada, because of our plans, however wish to stay together if possible during the immigration process to the US. 

 

Is this possible? Should I go to the US myself alone and begin work and establish residence, or can my husband be approved while we both live in Canada?

Anyone with a similar experience? I'd really love to hear your story and wait times, etc. 

 

 

[geowrian 22,338]

You can start the process while living in Canada. You will need to establish US domicile or show sufficient intent to establish US domicile before they can issue the visa. The process takes roughly 12-15 months, and the I-864 (Affidavit of Support, requiring US domicile) isn't needed until after the I-130 is approved.

Guide: http://www.visajourney.com/content/i130guide1

Montreal is notoriously strict with the domicile requirement. I suggest looking at the Canada country portal. You may need to move a few months early to establish your domicile before the visa is issued.

[Rachela 1]

32 minutes ago, geowrian said:

You can start the process while living in Canada. You will need to establish US domicile or show sufficient intent to establish US domicile before they can issue the visa. The process takes roughly 12-15 months, and the I-864 (Affidavit of Support, requiring US domicile) isn't needed until after the I-130 is approved.

Guide: http://www.visajourney.com/content/i130guide1

Montreal is notoriously strict with the domicile requirement. I suggest looking at the Canada country portal. You may need to move a few months early to establish your domicile before the visa is issued.

Thank you so much for your reply. Where does Montreal come into play? Is it the province in which all things are processed?  We live in Ontario. I've always held my bank account in the US, filed taxes annually, etc. My plan was to return to the US after graduate school, which I completed last year. I've had a few health things pop up that slowed those plans, but can show ties to the US. I don't  know if that will make an ounce of difference, considering we're lived in Canada for so long. I really appreciate your reply. 

[GreatDane 366]

12 minutes ago, Rachela said:

Thank you so much for your reply. Where does Montreal come into play? Is it the province in which all things are processed?  We live in Ontario. I've always held my bank account in the US, filed taxes annually, etc. My plan was to return to the US after graduate school, which I completed last year. I've had a few health things pop up that slowed those plans, but can show ties to the US. I don't  know if that will make an ounce of difference, considering we're lived in Canada for so long. I really appreciate your reply. 

It's good that you've done all those things. It will help. But you'll need something more substantial - like a US address and living situation setup (key part of domicile). Did you also maintain your US drivers license? You need to prove, for the visa to be issued, that you are living in the US and intend to for the foreseeable future.

Edited July 26, 2018 by GreatDane
spelling

[TNJ17 1,329]

You need to establish domicile or intent to establish domicile back in the US. You can start the process while you’re there, does Canada have dcf? I’m not sure. If it does the process goes a lot faster. If not you’re looking at 12-16 months and the beneficiary cannot reside with you in the US while you wait it out. You can however stay there while it’s processed as long as you can still prove your intent of going back to the US. He can visit back and forth. It’s not that big a hassle for Canadians. As long as he can prove he has more in Canada to go back to than to stay in the US. That he won’t just cross the border and adjust status. But again not so much of an issue reported by Canadians. 

[geowrian 22,338]

40 minutes ago, Rachela said:

Thank you so much for your reply. Where does Montreal come into play? Is it the province in which all things are processed?  We live in Ontario. I've always held my bank account in the US, filed taxes annually, etc. My plan was to return to the US after graduate school, which I completed last year. I've had a few health things pop up that slowed those plans, but can show ties to the US. I don't  know if that will make an ounce of difference, considering we're lived in Canada for so long. I really appreciate your reply. 

All K-1 and immigrant visas are processed through Montreal, so that's where the interview will be.

 

26 minutes ago, TNJ17 said:

You can start the process while you’re there, does Canada have dcf?

No (barring exceptional circumstances, which applies to any consulate).

Edited July 26, 2018 by geowrian

[Rachela 1]

28 minutes ago, GreatDane said:

It's good that you've done all those things. It will help. But you'll need something more substantial - like a US address and living situation setup (key part of domicile). Did you also maintain your US drivers license? You need to prove, for the visa to be issued, that you are living in the US and intend to for the foreseeable future.

I didn't maintain my US driver's license, only because Canada has a sort of exchange program. Hand over the US license and receive your Canadian license. 

Would the address of my family be enough?  

[Rachela 1]

2 minutes ago, geowrian said:

All K-1 and immigrant visas are processed through Montreal, so that's where the interview will be.

 

No (barring exceptional circumstances, which applies to any consulate).

 

Thank you for clarifying that for me.  Does the I-130 process take 12-15 months and the affidavit of support comes after that and takes additional processing time?

We're trying to hedge our bets so that we're not paying to maintain two households (we share a car, currently), so I wouldn't want to return until I had to. Would our savings be enough to show my ability to support us?

[Ontarkie 14,378]

For Domicile question Montreal is in a league of their own. You need to look at this thread, unless members are familiar with Montreal they do not know just how tough Montreal is. 

 

[geowrian 22,338]

6 minutes ago, Rachela said:

Thank you for clarifying that for me.  Does the I-130 process take 12-15 months and the affidavit of support comes after that and takes additional processing time?

We're trying to hedge our bets so that we're not paying to maintain two households (we share a car, currently), so I wouldn't want to return until I had to. Would our savings be enough to show my ability to support us?

The I-130 is taking ~7-10 months last time I checked. There's a tab on VJ for current timelines that other VJ members are seeing.

Then the approved I-130 goes to NVC for processing. Expect ~2-3 months. This is where the I-864 is submitted, along with other steps. See http://www.visajourney.com/wiki/index.php/NVC_Process

Once case complete, you wait for an interview at the consulate. I think Montreal is about 2 months?

 

Assets such as savings accounts can be used. They must be at least 3x the income requirement for the household size. See https://www.uscis.gov/system/files_force/files/form/i-864p.pdf

Edited July 26, 2018 by geowrian

[ALittleBritish 91]

6 minutes ago, geowrian said:

 

Once case complete, you wait for an interview at the consulate. I think Montreal is about 2 months?

 

2 - 3 months for interview, depending on how many slots they have available. 

[Rachela 1]

I've skimmed through the Montreal thread. It seems they make it very complicated! I'm hoping that the sale of our home in Canada shows intent, but it seems even if people have all of their ducks in a row that they are still rejected, sometimes multiple times!

[Ontarkie 14,378]

The sale of the house is not going to be enough. They pretty much want you back living in the US before granting the visa. 

[Rachela 1]

9 minutes ago, Ontarkie said:

The sale of the house is not going to be enough. They pretty much want you back living in the US before granting the visa. 

 

Do I not have to worry about living back in the US until before the interview?  During the I-130 process, I can  stay in Canada without fear that it will somehow count against me?

[Ontarkie 14,378]

Just now, Rachela said:

 

Do I not have to worry about living back in the US until before the interview?  During the I-130 process, I can  stay in Canada without fear that it will somehow count against me?

That's right. move back before the interview with enough time to set up things up life (job/home)