US Sponsor to work outside US?

[eshramek 0]

Hi All,

 

Im a US Citizen married to a Mexican Citizen- we married in Mexico in 2019. I applied for our CR1 visa to sponsor my wife to come to the US in December of 2019. It has been accepted but there has been no news as of yet.

 

I was wondering, can I move to Canada during this process and still count as a sponsor for the visa? I would transfer within my same company to Canada, and I believe I would get the work visa through them as well.   We want to live together... so we were thinking she could come to Canada and visit me for long periods of time. Is this feasible? or will it screw up our visa app? I dont own a house in the US(live with parents), but I own a car, and 2 motorcycles...   I'm thinking as long as I pay US taxes, does it matter where I live?  ....But then again, the whole point of the visa is to bring her here into MY life in the US, so this might not look good... but it is only temporary......

 

Anyways Thank you for the assistance!

[JFH 12,191]

You can move to another country temporarily during the waiting time. But at the latest at your wife’s interview you will have to demonstrate your intent to re-establish domicile in the US as her visa is for her to immigrate to the US to live with her husband. If the Canada move is going to be long-term, you need to halt this process and research how you can bring her to Canada.

[Waitingfor10 41]

I am my husband sponsor and I did go to another country for about 7 months but lawyed told me that I had to be back in the US for at least 6 months prior to his I-130 application being approved to go on to next step which is NVC.

 

 maybe you should get a lawyer to consult with.

Edited July 24, 2020 by evie80

[pushbrk 13,184]

8 hours ago, evie80 said:

I am my husband sponsor and I did go to another country for about 7 months but lawyed told me that I had to be back in the US for at least 6 months prior to his I-130 application being approved to go on to next step which is NVC.

 

 maybe you should get a lawyer to consult with.

I believe you are doing a poor job of relaying your lawyer's advice.  It's about terminology, so I'll correct both yours and the OP's with this explanation.

 

The I-130 is a petition for alien relative.  In this case, petition for spouse.  It is not an application for anything, and the US Citizen "applies for" nothing.  When the petition is approved, the door is open for the foreign spouse to apply for a visa.

 

Your lawyer may have advised you to be back in the USA at least six months before the visa is issued, but makes no sense to say before the petition is approved.  It's possible for the petition to be approved in six months or less.

 

The OP already has the correct advice, which is to be able to show evidence of intent to establish actual domicile in the USA before the visa is issued, preferably at the time the affidavit of support is submitted to NVC.  The couple is seeking a US immigration benefit intended to enable them to live together in the USA.  He'll need to be living in the USA when she arrives or to arrive with her, and live with her in the USA, in order for the current process to be successful.

 

Nothing stops him from going to Canada to work before or after her immigration, but SHE, must maintain permanent resident STATUS in the USA, or lose her green card.

Edited July 24, 2020 by pushbrk