USA domicile from Canada (vancouver to california)

[RGKhela 0]

Hello guys😊

 

I and my fiance (us citizen) are both living in vancouver and planning our marriage shortly.

 

I have 2 questions mainly:

 

1. For domicile he has following:

- cali registered car + insurance

- california driving License

- w2 slips

- working on clearing exams and getting US vet license.

- permanent mailing address in California 

 

We were thinking close to interview he could get a job in washington near the US border and continue to live in Canada.

 

— Will this be a problem if he continues to live in Canada or does he have to move to US to prove domicile?

— Can he work in Washington even though he will be applying for from California  and all the other things like car, DL etc are registered to California.

 

2. For Financial Support form

Since we both are in Canada, we dont have US income but I can show cash in my bank accounts which meets the requirement.

would it be problem if I person who is being sponsored is showing assets for support.

Should we move it to joint account and then declare it in the form?

 

any response is much appreciated.😊

 

kind Regards,

Risham

 

[Lucky2Lucky 2,526]

You can’t sponsor yourself. Also - money in the bank is considered an asset and you need Something like 5x the $ To meet the requirement. Has your husband been filing taxes in the US? You will need to submit this as well. 
Do you guys plan on living in California or Washington? If you plan on living in Washington I recommend your husband establishing domicile there as Well as changing his ID etc. to reflect his new home.

 

edit; for assets I’m unsure if you fall under the 3x or 5x 

 

If the applicant’s household’s annual gross income is less than 125 percent of the most recent FPG (or 100 percent for an alien on active duty, other than active duty for training, in the U.S. armed forces), the applicant may submit evidence of ownership of significant assets. Significant assets may include savings accounts, stocks, bonds, certificates of deposit, real estate, or other assets as described below.^[11]

In general, the combined cash value of all the assets (the total value of the assets less any offsetting liabilities) should exceed five times the difference between the alien’s household income and 125 percent of the FPG (100 percent for those on active duty, other than active duty for training, in the U.S. armed forces) for the alien’s household size, unless the applicant is a spouse or child as provided below.

Example: 125 percent of the FPG for 2020 for a household of one is $15,950. If the applicant has no household income, the total household assets must equal at least $79,750 (5 x $15,950).

Example: 125 percent of the FPG for 2020 for a household of 4 is $32,750. If the applicant’s household income equals $18,000, the total household assets must equal at least $73,750 (5 x $14,750). $14,750 is the difference between $32,750 and $18,000.

Spouses and Children

If the applicant is the spouse or child of a U.S. citizen (and the child has reached his or her 18th birthday), he or she must establish three times the difference between the alien’s household income and 125 percent of the FPG (100 percent for those on active duty, other than active duty for training, in the U.S. armed forces) for the alien’s household size.

Example: 125 percent of the FPG for 2020 for a household of 4 is $32,750. If an applicant’s household income equals $18,000, the total household assets must equal $44,250 (3 x $14,750). $14,750 is the difference between $32,750 and $18,000.

Edited May 21, 2020 by Luckycuds

[DGF 730]

Montreal is pretty strict on domicile and from the reports of those that have had their interviews it looks like what they really want to see is a formal lease in the US. 

 

There's a whole thread on domicile that you should check out:

 

 

Edited May 21, 2020 by DGF
removed something I couldn't find data to back up

[RGKhela 0]

52 minutes ago, Luckycuds said:

You can’t sponsor yourself. Also - money in the bank is considered an asset and you need Something like 5x the $ To meet the requirement. Has your husband been filing taxes in the US? You will need to submit this as well. 
Do you guys plan on living in California or Washington? If you plan on living in Washington I recommend your husband establishing domicile there as Well as changing his ID etc. to reflect his new home.

 

edit; for assets I’m unsure if you fall under the 3x or 5x 

 

If the applicant’s household’s annual gross income is less than 125 percent of the most recent FPG (or 100 percent for an alien on active duty, other than active duty for training, in the U.S. armed forces), the applicant may submit evidence of ownership of significant assets. Significant assets may include savings accounts, stocks, bonds, certificates of deposit, real estate, or other assets as described below.^[11]

In general, the combined cash value of all the assets (the total value of the assets less any offsetting liabilities) should exceed five times the difference between the alien’s household income and 125 percent of the FPG (100 percent for those on active duty, other than active duty for training, in the U.S. armed forces) for the alien’s household size, unless the applicant is a spouse or child as provided below.

Example: 125 percent of the FPG for 2020 for a household of one is $15,950. If the applicant has no household income, the total household assets must equal at least $79,750 (5 x $15,950).

Example: 125 percent of the FPG for 2020 for a household of 4 is $32,750. If the applicant’s household income equals $18,000, the total household assets must equal at least $73,750 (5 x $14,750). $14,750 is the difference between $32,750 and $18,000.

Spouses and Children

If the applicant is the spouse or child of a U.S. citizen (and the child has reached his or her 18th birthday), he or she must establish three times the difference between the alien’s household income and 125 percent of the FPG (100 percent for those on active duty, other than active duty for training, in the U.S. armed forces) for the alien’s household size.

Example: 125 percent of the FPG for 2020 for a household of 4 is $32,750. If an applicant’s household income equals $18,000, the total household assets must equal $44,250 (3 x $14,750). $14,750 is the difference between $32,750 and $18,000.

First of all thankyou for the detailed response.😊

 

My husband has been filing taxes in the US for canadian income. 
 

I have enough funds to 5*125 percent of FPG of 2020.

 

As per the instructions

 

 

“

What if I Cannot Meet the Income Requirements?
If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:
1. Income from any relatives or dependents living in your household or dependents listed on your most recent Federal income tax return who signed Form I-864A, Contract Between Sponsor and Household Member;
2. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident;
3. The value of your assets, the assets of any household member who has signed Form I-864A, or the assets of the intending immigrants; or
4. A joint sponsor whose income and/or assets equal at least 125 percent of the Federal Poverty Guidelines. (See the What is a Joint Sponsor section of these Instructions for more information.)

”

 

I read this as part instructions but I wasn’t 100% sure as I think it might look sketched if intended immigrant is the one showing assets, but If we put the cash in joint account I feel it should be fine???

 

-> We plan on living in Cali and I plan on writing a letter on intent stating that once I am eligible we will both move together to Califronia until then my husband will work in Washington so that we can live together.

But again this seems a bit complicated and not sure how consulate will take it.

 

We want to be able to live together but this seems so complicated:(

 

 

[RGKhela 0]

43 minutes ago, DGF said:

Montreal is pretty strict on domicile and from the reports of those that have had their interviews it looks like what they really want to see is a formal lease in the US. 

 

There's a whole thread on domicile that you should check out:

 

 

I checked this thread earlier but couldnt find any answers to my case in particular as its a bit complicated since we dont want to live apart.

 

Thankyou!

[Just Paul 4,595]

6 hours ago, RGKhela said:

I checked this thread earlier but couldnt find any answers to my case in particular as its a bit complicated since we dont want to live apart.

Then you might end up living much longer in Canada.  

 

Montreal is very strict on actually having domicile in the US.   For whatever reason they rarely accept the "acts of intent" for a spousal visa and almost never ever for a fiancee.

 

If he can get a job and id and live in Washington I think you will succeed. Unlike a spousal visa that can be appealed if the consulate refuses a visa, you have 1 shot to get approved with you k1. Do you really want to start over?