Should we update NVC?

[darth vader 133]

17 minutes ago, aaron2020 said:

Not talking about the domicile issue.  As long as your wife moves to the US before your interview and has documents to prove it, then it's fine if she moves back a month ahead.

You're missing the totality of circumstances to determine whether the US income is sufficient.  Your original question.  You want your wife to be an independent contractor in Canada, then you need to show a US tax return with that income.  

Being advised by "multiple immigration attorneys" not to "preemptively file a JS with the NVC is just ludicrous.  The system allows it and many people have done it and successfully gotten their visas.  

Gotcha! proof of funds wise, we are not that worried because we have a lot of cash in bank, highly liquid.

 

You point makes me wonder - if say, they are not happy with intent to re-establish domicile, can they force us to get a co-sponsor even though my wife would have U.S. job (contract or full-time) and assets?

Edited March 9, 2021 by darth vader

[Duke & Marie 1,389]

3 hours ago, darth vader said:

We can't afford for my wife to move now or else she will lose her Canadian PR. Would moving one month before the interview not be enough? Have you ever seen CO have issues with anyone's domicile if the have actually moved a month before the interview?

The whole purpose of the CR1 visa is family reunification... at some point she will need to prove domicile within the US or at the very least prove intent to obtain domicile.. Secondly a financial sponsor is required to have domicile within the US, hence the need to consider a joint sponsor if she intends to remain with you in Canada until the very last minuet or you could very likely run into issues at NVC stage... 

 

if it were me, I’d get a joint sponsor, make sure I got plenty of evidence of intention to re-establish domicile and keep my US Employer as permanent employee status working remotely (in Canada)

Edited March 9, 2021 by Duke & Marie

[darth vader 133]

32 minutes ago, Duke & Marie said:

Secondly a financial sponsor is required to have domicile within the US, hence the need to consider a joint sponsor if she intends to remain with you in Canada until the very last minuet or you could very likely run into issues at NVC stage...

This is what I am interested in finding out. As per i-864 instructions, the petitioner HAS to be the primary sponsor, even if they make $0. This implies that they HAVE to be domiciled in the U.S. (or have intent to reestablish domicile). Hence, it wouldn't make sense if NVC would request a co-sponsor just because primary sponsor (petitioner) is not currently living in the U.S.? Surely, co-sponsor's domicile doesn't waive the requirement for primary sponsor to have domicile. Hence, the only thing co-sponsor addresses is if primary sponsor lacks proof of funds, and in order to do that co-sponsor will have to prove their own domicile.

 

36 minutes ago, Duke & Marie said:

if it were me, I’d get a joint sponsor, make sure I got plenty of evidence of intention to re-establish domicile and keep my US Employer as permanent employee status working remotely (in Canada)

Thank you! We are inclined towards this option as well, where my wife works a full-time U.S. job remotely. If NVC forces our hand, only then will she move. However, the contract job is a terrific opportunity career-wise. But I guess you can't have everything when going through immigration.

 

In any case, can you please share your thoughts on the bolded question above.?

[aaron2020 11,651]

Two completely separate issues; petitioner having a US domicile and meeting the financial requirements of the I-864.

 

Your wife must be domiciled or shows the intent to reestablish a domicile in the US in order for you to qualify for a visa.

 

The US Consulate is not going to ask for a Joint Sponsor because your wife is not domiciled in the US. 

The US Consulate would ask for a Joint Sponsor if your wife can not meet the financial requirements of the I-864.  

[Nitas_man 3,100]

On 3/6/2021 at 1:52 PM, darth vader said:

We are awaiting I-130 approval for spouse of U.S. citizen (IR1 visa). The petitioner and spouse both currently live abroad. I am looking for advice on the following scenario:

 

1. The petitioner who lives abroad takes up a full-time U.S. job and moves to U.S. before filing i-864. And files i-864 while being employed full-time in the U.S.

2. Once i-864 is filed, the petitioner converts the full-time position to an independent contract position.

3. The petitioner moves back outside the U.S. to continue to live with the beneficiary while waiting for the interview, and keeps working as an independent contractor.

4. The petitioner moves back to the U.S. one month before interview and converts back to being full-time employee before the interview.

 

We are trying to minimize separation, while still having a full-time U.S. job at the crucial junctures (NVC/i-864 and interview). However, my questions are:

 

1. Should the petitioner wait for DQ, before changing job status from full-time to independent contractor?

2. If the petitioner converts from full-time to independent contract after i-864 filing, does the petitioner have to let NVC know immediately of the change in job status OR would the petitioner just need to bring updated i-864 to interview and no need to update NVC?

3. If the petitioner is not required to update CEAC/NVC about job status change after filing i-864, then does the petitioner need to even bring updated i-864 to the interview as the job would be converted back to full-time again before the interview, hence, the info on the already submitted i-864 would be accurate?

4. If the petitioner is converted back to full-time at the same firm before interview, then at the interview, does the petitioner need to mention that they worked as independent contractor for a few months before converting back as full-time employee? OR should the petitioner not bring this up unless CO asks?

 

Thanks in advance!

You’re overcomplicating things.  This invites trouble.

 

I would never advise someone to file something that implies continuing income and relocation to the US when in fact that is not what happened or was intended to happen when the docs were filed. 
 

That’s just me. 
 

When you get called in to your interview and IF the CO asks you for paystubs and bank statements proving continuing income ( they often dig into recent history which is the time between when you filed and where you are at the point of the interview) and if you don’t have it, then that CO will start digging into why.  You are begging to hit a brick wall without a seatbelt playing games like this.

 

 I attended lots of interviews (because there is no tool better than a couple of kiddos running around to speed things up and move them along lol) and I know how they go.  They spend more time on that affidavit for married couples (dang near the whole interview lol) than they do checking the validity of the marriage.