Advice on filing for Spousal visa

[ykowalski 11]

Hi everyone, 

Me and my got married like a year and a half ago.

We've known each other since 2011. We lived in neighboring cities in US - Canada. She's from Michigan. 

We started our life as a married couple in Canada because I have a full time job here and at the time she was still a student. 

In the near future, we would like to start the Spousal visa process and have few questions on how to proceed with things. 

 

1) She still holds her MI driver's license, have a bank account/ Costco visa (Which we use all the time in the US to do shopping), how do we go about filing when we get to the visa part? File as a resident of Michigan or non resident of the US. Not sure about this part. We go to michigan at least once a week.  

2) She has medicaid in the US that she never canceled, do we need a joint sponsor? Not sure about the new rules coming out about public charges. 

3) File online I130 or send to lockbox?

 

Any suggestions and advice are welcome. 

Edited February 6, 2020 by ykowalski

[igoyougoduke 1,676]

30 minutes ago, ykowalski said:

Hi everyone, 

Me and my got married like a year and a half ago.

We've known each other since 2011. We lived in neighboring cities in US - Canada. She's from Michigan. 

We started our life as a married couple in Canada because I have a full time job here and at the time she was still a student. 

In the near future, we would like to start the Spousal visa process and have few questions on how to proceed with things. 

 

1) She still holds her MI driver's license, have a bank account/ Costco visa (Which we use all the time in the US to do shopping), how do we go about filing when we get to the visa part? File as a resident of Michigan or non resident of the US. Not sure about this part. We go to michigan at least once a week.  

2) She has medicaid in the US that she never canceled, do we need a joint sponsor? Not sure about the new rules coming out about public charges. 

3) File online I130 or send to lockbox?

 

Any suggestions and advice are welcome. 

 

Start here 

 

 

 

[ykowalski 11]

2 hours ago, Donald120383 said:

 

Start here 

 

 

 

Why would we do DCF? Do we even qualify?

Edited February 7, 2020 by ykowalski

[LilyJ 1,258]

On 2/6/2020 at 7:28 PM, ykowalski said:

Why would we do DCF? Do we even qualify?

No DCF in Canada. Or anywhere anymore, for that matter (except for military and exceptional circumstances) https://www.uscis.gov/news/news-releases/uscis-updates-process-accepting-petitions-relatives-abroad

1) She files for you as a citizen of the US. That's the only thing that matters. Keep in mind Canada is very strict about the US petitioner having domicile in the US, so she may have to move back before you (after I130 approval might be best for Canada if you don't want to be living apart the whole time, so she can prove domicile at NVC)

2) If she doesn't have an income that is US based or will continue after moving to the US, she will either have to move back to the US and find a qualifying job to sponsor you by herself, or find a joint sponsor

3) You can do whichever you want, I130 online will be filed instantly vs having to wait for paper I130 to be shipped, but online I130 has a few little quirks and kinks

 

[ykowalski 11]

2 hours ago, LilyJ said:

No DCF in Canada. Or anywhere anymore, for that matter (except for military and exceptional circumstances) https://www.uscis.gov/news/news-releases/uscis-updates-process-accepting-petitions-relatives-abroad

1) She files for you as a citizen of the US. That's the only thing that matters. Keep in mind Canada is very strict about the US petitioner having domicile in the US, so she may have to move back before you (after I130 approval might be best for Canada if you don't want to be living apart the whole time, so she can prove domicile at NVC)

2) If she doesn't have an income that is US based or will continue after moving to the US, she will either have to move back to the US and find a qualifying job to sponsor you by herself, or find a joint sponsor

3) You can do whichever you want, I130 online will be filed instantly vs having to wait for paper I130 to be shipped, but online I130 has a few little quirks and kinks

 

Thank you. What do they need for domicile?

she has a us drivers license. She has a reputable degree in the health field and is only licensed to work in Michigan. She has a bank account and a credit card. Her mom would have no problem writing for a us a lease agreement for 0 dollars/m to show intentions of moving to the US until we buy a house in the US. We don’t like renting and throwing our money away. 
 

Seems like we will need a joint sponsor. That is doable.

[LilyJ 1,258]

13 minutes ago, ykowalski said:

Thank you. What do they need for domicile?

she has a us drivers license. She has a reputable degree in the health field and is only licensed to work in Michigan. She has a bank account and a credit card. Her mom would have no problem writing for a us a lease agreement for 0 dollars/m to show intentions of moving to the US until we buy a house in the US. We don’t like renting and throwing our money away. 
 

Seems like we will need a joint sponsor. That is doable.

For Canada she may likely have to move back before you to prove domicile, like I said they are extremely strict on it at Montreal and if she's not moved back by the interview they may delay the visa until she is. Drivers license and the such may work at NVC for domicile, however Montreal is very strict and prefers the USC is already in the US (since after all it is a family reunification visa)

Edited February 8, 2020 by LilyJ

[ykowalski 11]

thank you. 
for filing i130, what would her address be? Canadian or American or there’s room for both? 
 

in regards to filing online, do we submit evidence online as well or send them by mail later? 

[pushbrk 13,166]

8 hours ago, ykowalski said:

thank you. 
for filing i130, what would her address be? Canadian or American or there’s room for both? 
 

in regards to filing online, do we submit evidence online as well or send them by mail later? 

There's room for separate mailing and physical addresses.