Filing with all of us outside the US

[LloydB 0]

Backstory

Ok, We are currently living in Quebec, Canada and we've been married for almost 5 years now.  I have been a legal resident of canada for about 3 years.  Things are fine for us here for now but my father died last year and I would like to move to my family's property to take care of my mother and keep things up.

 

(1) We've got the i-130s filled out and would just like to verify that we need to send it to the USCIS Chicago Lockbox facility.  The guides here say DCF (which apparently would be way faster) BUT I recall from the last time I checked that the whole DCF process (A) didn't work if you were from Canada and (B) had largely been discontinued.

 

(2) I also wanted to see if it was likely necessary for my wife to renew her/her son's passport BEFORE we file, because it's set to expire march 2020 and that seems like it might be cutting it close for some of the long wait times I've seen.

 

(3) Should we send a copy of the legal papers that say she has sole custody of her son and that I am on the deed to the property we intend to move to?  I know these will also be asked for later but they seem like they might be relevant to an early decision making process, especially being an owner of the destination address.

 

[geowrian 22,338]

1) Yes. DCF is only available from Canada at this time with exceptional circumstances.

2) March 2020 should be doable, but if you're worried then you can renew beforehand. The passport information needs to be provided on the I-130s if available (keep in mind not everyone even has a passport) but is for USCIS information and background checks only.

3) Save the custody information for the interview IMO. USCIS doesn't care about it and it could get lost along the way. As for the deed and other evidence of domicile (Canada is notoriously strict on domicile,m and just having a place to sleep likely won't cut it), this is normally presented later. It is a requirement for the I-864, not the I-130.

[LloydB 0]

"(Canada is notoriously strict on domicile,m and just having a place to sleep likely won't cut it)"

 

I have a long time friend with a 6 figure incomes that is willing to co-sponsor.  Hopefully that will fix things.  We really do not want to have to split up for the better part of a year (to get a job) and then have to wait for it to process.  

[NikLR 13,232]

1 hour ago, LloydB said:

"(Canada is notoriously strict on domicile,m and just having a place to sleep likely won't cut it)"

 

I have a long time friend with a 6 figure incomes that is willing to co-sponsor.  Hopefully that will fix things.  We really do not want to have to split up for the better part of a year (to get a job) and then have to wait for it to process.  

You will likely need to show you are living in the USA by interview.  So you certainly have lots of time. 

[geowrian 22,338]

5 hours ago, LloydB said:

"(Canada is notoriously strict on domicile,m and just having a place to sleep likely won't cut it)"

 

I have a long time friend with a 6 figure incomes that is willing to co-sponsor.  Hopefully that will fix things.  We really do not want to have to split up for the better part of a year (to get a job) and then have to wait for it to process.  

That covers the financial side of things, but doesn't do anything for your individual domicile requirement.

Edited November 6, 2018 by geowrian

[LloydB 0]

1 hour ago, geowrian said:

That covers the financial side of things, but doesn't do anything for your individual domicile requirement.

Oh, I don't think you got from my original post.  I'm moving into my family's home and I am on the deed along with my mother.  Basically I own the house.  I can't imagine how much more "establish domicile" I can get than being an owner of the home I'll be staying in.

[geowrian 22,338]

3 minutes ago, LloydB said:

Oh, I don't think you got from my original post.  I'm moving into my family's home and I am on the deed along with my mother.  Basically I own the house.  I can't imagine how much more "establish domicile" I can get than being an owner of the home I'll be staying in.

Actually living there before the visa is issued. Being employed in the US. Voting within the US.

The point is just having a place to live upon entry won't cut it, especially for Montreal. I don't think it was clear if you will be moving to the US beforehand or if you plan to move at the same time.

Edited November 6, 2018 by geowrian

[LloydB 0]

17 minutes ago, geowrian said:

Actually living there before the visa is issued. Being employed in the US. Voting within the US.

The point is just having a place to live upon entry won't cut it, especially for Montreal. I don't think it was clear if you will be moving to the US beforehand or if you plan to move at the same time.

Ok, let's recap.  I (US citizen), my wife of 4 years (canadian), and her son(canadian) would like to move to the US. 

 

We are all in quebec and do not want to be separated for months establishing a new job. So we would like to TRY to do this from here and then move together to the US and them be landed as we go...that's what we'd like anyway

 

I have a long time friend that earns in excess of $100000/year that has no problem cosponsoring.

 

I own the property I am moving to.  Since my mother also lives there, it is already furnished, has electricity, cable, etc.  We will be living in the basement for the foreseeable future.  By the way, I also have I have a US bank account and credit card that I've maintained (just an FYI on the bank account/cc).

 

 

[geowrian 22,338]

Gotcha.

So yes, domicile would likely be an issue if you plan to move back together. Intent to re-establish domicile in the US is permitted, but - as stated - Canada is very strict on domicile and usually does not accept intent alone.

 

I suggest checking out the Canada regional forum to get a better idea on the domicile piece and types of evidences they look for, and get some others' experiences.

Edited November 6, 2018 by geowrian

[Mollie09 1,543]

Again, domicile is not sponsorship. Having a wealthy friend won't help with domicile.

[mandarines 0]

2 minutes ago, Mollie09 said:

Again, domicile is not sponsorship. Having a wealthy friend won't help with domicile.

I apology for my not perfect English before you read further.

 

First, we are living in Canada and we are starting the paperwork with immigration Its ready to be sent. A couple month ago my husband posted something and asked questions, we were told that my son and I will need a cosponsor since my husband will have no work when we get there in US  of course with my husband.  So for that its clear we have my husband's friend who will sign for me and my son.

 

Second, we already have a place to live there, my husband own a house. So there is no problem with established domicile, he own a house, he has legal papers for that.

 

I don't see whats Canada has to do with that since we are moving in US. 

 

What could they ask more than legal paper. Him moving there without us its not even an option, even for 2 months. We were separated for years and wont do that again.

 

Might as well just go directly there and filed the paper when I'm in the US, right?

[geowrian 22,338]

I think you're confusing domicile with having a place to live. Domicile is much more than having plans to live somewhere (at least in immigration terms).

In general, the US consulate in Montreal historically has not accepted evidence of intent to establish domicile. They typically want to see the petitioner (you) actually live within the US beforehand to demonstrate domicile. Until you have US domicile, your I-864 will not be accepted...and that is required even if you have a joint sponsor.

[Boiler 46,767]

Many many have gone through this, you can read their stories.

[Mollie09 1,543]

1 hour ago, mandarines said:

I apology for my not perfect English before you read further.

 

First, we are living in Canada and we are starting the paperwork with immigration Its ready to be sent. A couple month ago my husband posted something and asked questions, we were told that my son and I will need a cosponsor since my husband will have no work when we get there in US  of course with my husband.  So for that its clear we have my husband's friend who will sign for me and my son.

 

Second, we already have a place to live there, my husband own a house. So there is no problem with established domicile, he own a house, he has legal papers for that.

 

I don't see whats Canada has to do with that since we are moving in US. 

 

What could they ask more than legal paper. Him moving there without us its not even an option, even for 2 months. We were separated for years and wont do that again.

 

Might as well just go directly there and filed the paper when I'm in the US, right?

 

Are you the OP's wife?

If so, you guys need to understand the immigration requirements. Saying things like "him moving without us is not an option" is not understanding how immigration works. He will MOST LIKELY have to move without you to establish domicile. Not related to sponsorship, not related to owning property. You should read up on the definitions here, and maybe ease up on what you are and aren't willing to do - immigration doesn't care about your preferences.

[mushroomspore 3,044]

34 minutes ago, mandarines said:

 

 

I understand but its completely stupid to ask him (which has obligation here, apartment, job....) to leave everything and move in US to establish domicile. We're gonna look in the Canada/US Immigration like someone suggested and see all the stuff about it. The worse that will happen we will stay here cause ain't gonna let him  go for months without me and my son just because some politic (removed). In my opinion things should be by case because everybody has a different situation. We're together for about 8 years, January 4th gonna be our 5 years anniversary. Its not like we are a new relationship. That was so simple when he came here, its a shame its not like that for US.

 

Thanks for your reply.

This has nothing to do with "political (removed)". This is how the American government has structured their immigration process. Of course it is not the same as Canada's immigration process. It also has nothing to do with being in a new or long-time relationship. Length of relationship only matters in determining which category you're assigned as an immigrant (conditional permanent resident or legal permanent resident). Lastly, Visajourney is an extremely established website with many people who have gone through the entire spectrum of immigration processes. The advice given here is also the most up-to-date, the most current and probably the best you're gonna get because many immigration lawyers don't know what they're doing or keep track of the latest immigration news. Any attempts to skirt the system just because one thinks one's case is special or deserves special attention will lead to wasted time, wasted money and heartbreak. 

Edited November 6, 2018 by Ontarkie
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