Must live in US to sponsor K-1 visa?

[lizzie76 0]

Hello, my fiance and I live together in Vancouver and will be moving to the Texas. He is an American but has lived in Canada for over 30 years with a Canadian PR, hasn't lived in the US since he was 5. Does he need to live back in the US before we can apply for a K-1 visa for me or can we start the process while living in Canada? He also wants to get a visa for his mom as well, shes a Canadian citizen. Can he sponsor us both at the same time? Any help or direction is appreciated, thank you 

[USS_Voyager 1,972]

54 minutes ago, lizzie76 said:

He also wants to get a visa for his mom as well, shes a Canadian citizen.

Whose mom is this? He can sponsor his Mom, not your mom. You can sponsor your Mom after you become a US citizen.

[aaron2020 11,651]

The K-1 is not a good idea.  Once you enter the US on the K-1 visa, you would need to marry and file for AOS to get a green card.  It will take 5-6 months for you to get work authorization and be able to leave the US and return.  

 

Since you both are living in Canada right now, just get marry and file for a spousal visa.  The spousal visa is superior to the K1.  You would be able to work and leave the US immediately and be able to return since you would automatically get a green card.

 

He can file for his mom at the same time as you.

 

HOWEVER, you have several problems.  US tax returns, domicile, and the Affidavit of Support.

 

Has your fiance been filing his US tax returns as required?  This is an absolute requirement.  No US tax returns, then no visas.  It's that simple.  A US citizen are required to file US tax returns on worldwide income even if nothing is earned in the US.  Your fiance needs to have US tax returns.

 

He hasn't lived in the US since age 5.  Domicile is a big issue when it comes to immigrating from Canada.  Your fiance may have to move first to the US without you to live and establish a US domicile.

 

The Affidavit of Support (I-134 for the K-1 or I-864 for the spousal visa) requires your fiance to have an income that will continue after you immigrate to the US.  If he is leaving his Canadian job, then that income will not count.  He needs to show he can financially support you.  If he can't meet the requirements, then he can have a US citizen or US green card holder be his Joint Sponsor.

 

There's lots to learn.  Good luck.

Edited March 10, 2019 by aaron2020

[Lemonslice 4,860]

You can start by reading this thread and see how different people dealt with the domicile question:

 

 

[lizzie76 0]

wow thank you so much! Yes its his mom not my mom that we would be sponsoring. Seems like we have a long road ahead of us, really appreciate the help and pointers!