Timeline for termination of case

[lray2509 0]

Hello! 

 

So my husband and I are already in the middle of the process of getting my spousal visa. We have paid the fees online for the IV and Affidavid of Support. Have not submitted the documents/forms ect for them yet though. Our circumstances have chnahed and I'm looking at all our options right now, including bringing my husband and to Canada instead.  So my question is....IF that were a viable option, what would happen to my US immigration case? I know you have to have "contact" within a year for your case to remain active, so would that mean that, in theory, we could submit the affidavid of support within a year, and then within a year of that submit the IV application and just continue from there? Which would give my husband about 2 years in Canada before I got my visa. Or would him living in Canada just disqualify us all together? 

 

Are there any other options that would allow him to be here and just put MY case on hold for a few years or this all just wishful thinking?

 

Thank you in advance!

[arken 4,197]

Yes, delaying the process in that way keeps the case open. Your husband moving to Canada does not disqualify the process but he will be required to be domiciled in the US or show evidences of plan to live in the US later on when you  decide to immigrate to US.

[TNJ17 1,329]

Yes you can delay like that but it’s not advisable. Make sure you don’t miss any expiration dates for anything. Now, your husband moving poses a problem because he needs to establish residency in America to bring you. You would also be receiving mail from USCIS and NVC so you gotta have an address in the states for that. You have another option though. You could withdraw this current petition and move to Canada just fine. Then in the future when you’re ready to move back, you file DCF in Canada which is muuuuuuuuch faster and you’ll qualify for it because your husband will be living there. You will of course lose all the money you’ve put into the process up and would pay new fees for the dcf. A little more money but it might fit your timeline. 

[lray2509 0]

22 minutes ago, TNJ17 said:

Yes you can delay like that but it’s not advisable. Make sure you don’t miss any expiration dates for anything. Now, your husband moving poses a problem because he needs to establish residency in America to bring you. You would also be receiving mail from USCIS and NVC so you gotta have an address in the states for that. You have another option though. You could withdraw this current petition and move to Canada just fine. Then in the future when you’re ready to move back, you file DCF in Canada which is muuuuuuuuch faster and you’ll qualify for it because your husband will be living there. You will of course lose all the money you’ve put into the process up and would pay new fees for the dcf. A little more money but it might fit your timeline. 

 

I read in another post thread that DCF is not available in Canada though, unless emergency situations? So K-1 or CR-1 were the only options...maybe I misunderstood

[Ryan H 3,834]

***Moved from Progress Reports to Process & Procedures.***

 

**Moderator hat off**

 

11 hours ago, TNJ17 said:

Then in the future when you’re ready to move back, you file DCF in Canada

 

DCF is only available in countries that have a USCIS field office located within its borders; Canada is not one of those countries.  It's wise to ensure that a certain country has a USCIS field office before DCF is suggested as an available option.

 

11 hours ago, lray2509 said:

 

I read in another post thread that DCF is not available in Canada though, unless emergency situations? So K-1 or CR-1 were the only options...maybe I misunderstood 

 

You did not misunderstand regarding DCF and its unavailability in Canada, what you previously read was correct.

[NikLR 13,232]

On 9/15/2018 at 9:01 AM, lray2509 said:

Hello! 

 

So my husband and I are already in the middle of the process of getting my spousal visa. We have paid the fees online for the IV and Affidavid of Support. Have not submitted the documents/forms ect for them yet though. Our circumstances have chnahed and I'm looking at all our options right now, including bringing my husband and to Canada instead.  So my question is....IF that were a viable option, what would happen to my US immigration case? I know you have to have "contact" within a year for your case to remain active, so would that mean that, in theory, we could submit the affidavid of support within a year, and then within a year of that submit the IV application and just continue from there? Which would give my husband about 2 years in Canada before I got my visa. Or would him living in Canada just disqualify us all together? 

 

Are there any other options that would allow him to be here and just put MY case on hold for a few years or this all just wishful thinking?

 

Thank you in advance!

I would check how long it would take for him to gain residency in Canada before starting this. Currently outland and inland is 12 months from start to finish.  Canada at least gives you the legal option to apply inland. 

[pushbrk 13,254]

On 9/15/2018 at 10:26 AM, arken said:

Yes, delaying the process in that way keeps the case open. Your husband moving to Canada does not disqualify the process but he will be required to be domiciled in the US or show evidences of plan to live in the US later on when you  decide to immigrate to US.

Great answer, but the couple will also need to deal with the sponsorship issue.  Unless you have a qualified joint sponsor for the affidavit of support, if the only income is earned in Canada and will not continue from the same source once in the US, you will not be able to self-sponsor, unless you have plenty of liquid assets.  (3 times the income requirement)