HELP! Move to another country while waiting for I-130. (merged topics)

[htsf 7]

3 hours ago, meese said:

It still shouldn’t affect the current I-130 petition. In your case, because it’s in Canada, which has no DCF, you wouldn’t have any options other than filling I-130 in the US anyway. Typically DCF is a lot faster and the wait time is only a few months as opposed to a year, but unfortunately here it won’t apply.
 

As for the address change, I would start by calling USCIS’ customer service number: 800-375-5283 

Thank you so much! I am going to call USCIS today.

[htsf 7]

3 hours ago, carmel34 said:

Montreal is known for being very strict on US domicile for petitioners at the visa interview, so if you have been waiting a year for I-130 approval, I would recommend that your husband just stay in the US, continue with his US domicile there, as you are almost at the end of the process, soon your case will be at the NVC then you'll have your visa interview in Montreal.  If your husband is living and working in Canada it could cause an unwanted delay in the process and more time apart.  I would recommend that he goes to visit you for a few weeks at a time, temporarily, and continue his job and residence in the US, so that when you eventually go to your interview in Montreal, you will have no problems showing US domicile for him.  If he is living with you in Canada, and working in Canada, when you have the interview, there is a risk of denial or a delay if he has to go back to the US without you for a few months anyway.  Good luck!

Hi, I really appreciate your detailed suggestion. I also felt very bad now because we did not think a lot before he made his decision to move to Canada. He got a good job offer now in Canada, and he also thought that he could be more closed to me. Thus why he accepted the job offer immediately without thinking too much. It is just recently we want to change the USCIS address, and we found the problem. 

 

He also liked his job in Canada now, and it is not possible for him to stay in his old job because he just resigned.

 

What do you mean by "an wanted delay"? Which step it could delay us? I also do not know what to do now...Usually how strong the U.S. domicile the officer want? Definitely his final goal was living in U.S., and It is just this temporary time we want to live with each other before we both can get into the U.S..

 

Thank you!

[Oliversmom 250]

Did you realize he can not use his Canadian income for the AOS unless it will continue when you move to the US.?  

[htsf 7]

35 minutes ago, Oliversmom said:

Did you realize he can not use his Canadian income for the AOS unless it will continue when you move to the US.?  

Hi, can you tell me more about the AOS? What is AOS?

 

How about he works in Canada until my immigration get approved, and we move back to U.S. later?

[htsf 7]

37 minutes ago, Oliversmom said:

Did you realize he can not use his Canadian income for the AOS unless it will continue when you move to the US.?  

which step is the AOS? After I get the green card, we are going to move back to U.S., then he is going to have the U.S. income. Do you think this still affect AOS?

[Oliversmom 250]

8 minutes ago, htsf said:

which step is the AOS? After I get the green card, we are going to move back to U.S., then he is going to have the U.S. income. Do you think this still affect AOS?

The AOS is the Affidavit of Support.  It is a document that he has to sign to demonstrate that you will not be a public charge.  He has to be earning over a certain income for you to be considered for a visa and that income can not be foreign income unless it will continue from the same source once he moves back to the US.  He can also use assets to meet the Affidavit of Support.  Or you can get a Joint Sponsor who does meet the criteria.  There are other factors that are now considered when determining whether you will become a public charge.   So yes if he does not have US income, or adequate assets, or a Joint Sponsor that does meet the criteria, then you are not getting a Visa.  

[retheem 568]

18 hours ago, htsf said:

Thank you so much for your answer! Actually we are ready to live in the U.S. anytime after the visa finally issued. So his coming to Canada is just a  temporary choice to stay with me, and our original plan is that we move back to U.S. after I receive the visa sometime next year. His financial eligibility is not a problem, and it is that he changed his work place from U.S. to Canada.

He will have to show domicile at the interview o'wise it will be denied

[htsf 7]

8 hours ago, Oliversmom said:

The AOS is the Affidavit of Support.  It is a document that he has to sign to demonstrate that you will not be a public charge.  He has to be earning over a certain income for you to be considered for a visa and that income can not be foreign income unless it will continue from the same source once he moves back to the US.  He can also use assets to meet the Affidavit of Support.  Or you can get a Joint Sponsor who does meet the criteria.  There are other factors that are now considered when determining whether you will become a public charge.   So yes if he does not have US income, or adequate assets, or a Joint Sponsor that does meet the criteria, then you are not getting a Visa.  

Hi, thank you so much for bring up such important issue. His income in Canada is enough to sponsor me. My question is, could our joint account in Canada as the AOS? We do not have Joint Sponsor in U.S.. Could we transfer money to U.S. bank account frequently? When we submit the AOS, we just provide our U.S. Bank account. Thank you so much! 

[htsf 7]

8 hours ago, retheem said:

He will have to show domicile at the interview o'wise it will be denied

Hi, thank you for your answering. So the interview is the only occasion they required the domicile during the application?

[htsf 7]

15 hours ago, TamMhmd said:

I filed when I was overseas too but always used a family member's US mailing address to get the notices as it did not allow me to change the address to an non-US country. 

 

I will say that you would need enough evidence to establish domicile. Whether it be like a house deed ,offer letter for your husband to moving back to the US, etc.

 

Since filing overseas (Feb 2019) , I am now back in the US (Oct 2019). To establish domicile , I used my offer letter of employment; however when I submitted my AOS, they asked me to add a household member since my income was "newly earned" and not yet filed on a tax return. 

Hi, thank you so much for your kind reply. After reading so many advice posted, I am now thinking about let my husband go back to U.S. to establish domicile.  I have a question about your mention of " they asked me to add a household member ". Do you mean they need you to provide a "Co-sponsor"?

 

For the AOS, I also want to know, is my husband income in Canada can be used for AOS? After he move back to U.S., all his salary is going to be regarded as "newly earned", then do you mean we need a co-sponsor to be added as the household member??

 

 I really appreciate your answer! Thank you so much, and I am looking forward to your reply.

[Oliversmom 250]

4 hours ago, htsf said:

Hi, thank you so much for your kind reply. After reading so many advice posted, I am now thinking about let my husband go back to U.S. to establish domicile.  I have a question about your mention of " they asked me to add a household member ". Do you mean they need you to provide a "Co-sponsor"?

 

For the AOS, I also want to know, is my husband income in Canada can be used for AOS? After he move back to U.S., all his salary is going to be regarded as "newly earned", then do you mean we need a co-sponsor to be added as the household member??

 

 I really appreciate your answer! Thank you so much, and I am looking forward to your reply.

You can not use his income in Canada for the Affidavit of Support.  He will either need to go back before you and start working or get a Joint Sponsor.  Or you can use assets.  Look at the chart to see how much he would need to make.  Your assets would need to be three times that amount.  

[htsf 7]

11 hours ago, Oliversmom said:

You can not use his income in Canada for the Affidavit of Support.  He will either need to go back before you and start working or get a Joint Sponsor.  Or you can use assets.  Look at the chart to see how much he would need to make.  Your assets would need to be three times that amount.  

Hi, Thank you for your answer! 

 

For the Affidavit of Support, if we do not have a joint sponsor in the U.S., is the asset only can be used as the AOS? Can we put enough money on the U.S. account? Is the money on U.S. account can be regarded as the asset?

[htsf 7]

Hello everyone,

 

My husband recently decides to work in Canada, and he is a U.S. citizen. We are currently waiting for the I-130 to be approved in the Nebraska center. The reason he decides to work in Canada is mostly to be with me, and it is a TEMPORARY leave from the U.S.. Hopefully we could get the spouse visa done and we together go back to live in U.S..

 

Now here is a big problem for the Affidavit of Support. As I read a lot of posts on this forum. The income in Canada would not be counted for the AOS. Then what could we do now? I am really helpless now because we also do not have any joint sponsor in U.S.. His income is high enough for the requirement, but after he works in Canada, he would have not any U.S. income.

 

Questions:

1. Could we deposit money to a U.S. bank account as the asset??  If he doesn't have any income in U.S., can we only use the asset to be the AOS?

2. Based on my description of my current situation, how could we prepare the AOS?

 

Thank you so much and I really gratitude for all your help!

 

[LilyJ 1,258]

You can use assets but they must be 3x the 125% poverty guideline and even then that is a minimum. Another option is your husband moves back to the US ahead of you and finds a qualifying job in the US to sponsor you (Canada is super strict on the petitioner having US domicile, anyway)

[SalishSea 18,073]

53 minutes ago, htsf said:

Could we deposit money to a U.S. bank account as the asset?? 

Don't you think that a sudden, large deposit into a US bank account as the financial basis to be able to sponsor an immigrant would raise red flags?

 

Either you will need a joint sponsor, or your spouse will have to move back to establish domicile (Montreal is very strict on this) and get a job.