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

[Lemonslice 4,841]

When is he planning to return to the US?  

 

I suggest you read this thread to see how others demonstrated income and domicile:

 

 

Edited March 1, 2020 by Lemonslice

[htsf 7]

50 minutes ago, LilyJ said:

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)

Hi, thank you so much Lily! 

 

It is our sudden decision to let him move to Canada without too much thinking. I am wondering, if I assume that we got the I-130 to be approved in the coming August, then what time do you think he should move back to U.S.? I know we just made a very bad decision, and we are now trying our best to solve it.  Thank you again and I appreciate any your thought!

[htsf 7]

32 minutes ago, Jorgedig said:

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.

Hi,

 

Thank you very much for your concern and opinion!  It is going to be a red flag, so we are thinking about starting to deposit money now.

[htsf 7]

57 minutes ago, Lemonslice said:

When is he planning to return to the US?  

 

I suggest you read this thread to see how others demonstrated income and domicile:

 

 

Hi, Thank you so much for providing the link! I am going to go back to check the post. 

 

We currently really have no plan for future...We made a sudden decision to let him move to Canada. My I-130 is going to be approved in August, do you think when he should go back to U.S. to plan for the Affidavit of Support?

[htsf 7]

Hi everyone,

 

I am wondering, are there going to have any letters mailed to the domicile? My husband is current overseas. He is going to use his parents house as the domicile. However, his parents do not know we were married, and his parents are very conservative type. I want to know will the USCIS or the consular office mail any letters to the domicile provided? 

 

Thank you so much.

[carmel34 3,626]

10 hours ago, htsf said:

Hi, Thank you so much for providing the link! I am going to go back to check the post. 

 

We currently really have no plan for future...We made a sudden decision to let him move to Canada. My I-130 is going to be approved in August, do you think when he should go back to U.S. to plan for the Affidavit of Support?

There is no way to know for sure when the I-130 petition will be approved, yes there are estimates here on VJ based on other members' timelines, and USCIS estimates, but sometimes those are not accurate.  There can also be delays, RFEs, etc.  So I recommend that he stays in Canada with you, builds up a US bank account with as much money as possible in the months waiting for the petition to be approved, then after approval, whenever that is, he moves back to the US and finds a job and re-establishes US domicile while you wait for the NVC to receive the file and assign a case number, which takes about two months.  Then after he has a job in the US, you upload the NVC documents including the I-864 with financial documents, including his US tax returns or tax transcripts showing he filed as married, evidence of his current income in the US, pay stubs, letter from employer, and documents from the US bank showing the cash deposited as qualifying assets.  Montreal also takes many months after the NVC stage to schedule an interview (three or four months), so he'll have about six months after the petition is approved before your visa interview.  You can take more of his pay stubs and an updated I-864 showing more assets in the bank to your interview.  So you might be separated for six months but it should work out if his new job in the US pays well enough.  He should try to find a US job when he moves back that includes health insurance for both of you, to avoid problems with the new public charge rule.  Good luck!

Edited March 1, 2020 by carmel34

[Ryan H 3,812]

***Similar topics merged; please ask all remaining questions you have about this issues in this thread.***

[htsf 7]

16 hours ago, carmel34 said:

There is no way to know for sure when the I-130 petition will be approved, yes there are estimates here on VJ based on other members' timelines, and USCIS estimates, but sometimes those are not accurate.  There can also be delays, RFEs, etc.  So I recommend that he stays in Canada with you, builds up a US bank account with as much money as possible in the months waiting for the petition to be approved, then after approval, whenever that is, he moves back to the US and finds a job and re-establishes US domicile while you wait for the NVC to receive the file and assign a case number, which takes about two months.  Then after he has a job in the US, you upload the NVC documents including the I-864 with financial documents, including his US tax returns or tax transcripts showing he filed as married, evidence of his current income in the US, pay stubs, letter from employer, and documents from the US bank showing the cash deposited as qualifying assets.  Montreal also takes many months after the NVC stage to schedule an interview (three or four months), so he'll have about six months after the petition is approved before your visa interview.  You can take more of his pay stubs and an updated I-864 showing more assets in the bank to your interview.  So you might be separated for six months but it should work out if his new job in the US pays well enough.  He should try to find a US job when he moves back that includes health insurance for both of you, to avoid problems with the new public charge rule.  Good luck!

Hi Carmel, 

 

I really appreciated your detailed plan for us. I am going to tell my husband your suggestion, and we will start fellow the steps.

 

By the way, I have a question about the tax filing in U.S.. I am currently in Canada, does he need to file the tax or tax return including me as well? All my income are Canadian dollars.

 

Thank you so much!