Need help of my situation! Any help would do

[SusieQQQ 11,587]

46 minutes ago, CalJ said:

So Basically, the only option I have on the table is I-130? and file I-129F for K-3 so that we can get her back in the US?

? I130 for an (IR1) spouse visa. No you don’t have to be in the US to file it.

 

[CalJ 1]

9 minutes ago, SusieQQQ said:

? I130 for an (IR1) spouse visa. No you don’t have to be in the US to file it.

 

I understand. But let’s say, I returned to the US, and I will file the IR1 spouse visa, she has to remain in Canada while in process? And to quote you on your answer, I can remain in Canada while doing this process? Isn’t it that I need my domicile in the US? 

[aaron2020 11,651]

Just now, CalJ said:

I understand. But let’s say, I returned to the US, and I will file the IR1 spouse visa, she has to remain in Canada while in process? And to quote you on your answer, I can remain in Canada while doing this process? Isn’t it that I need my domicile in the US? 

You can return to the US since you are a US citizen.  She has to remain in Canada since she has abandoned her US LPR status.  You can remain in Canada while the immigration process is ongoing.  You need to show a US domicile when you file the I-864.  You will also need to show a reliable and sufficient income that will continue after you return to the US for the I-864 unless you have a Joint Sponsor.

[SusieQQQ 11,587]

9 minutes ago, CalJ said:

I understand. But let’s say, I returned to the US, and I will file the IR1 spouse visa, she has to remain in Canada while in process? And to quote you on your answer, I can remain in Canada while doing this process? Isn’t it that I need my domicile in the US? 

I addressed this already, you just need to return a bit before the interview to do that. 
 

Unfortunately you are looking for a a magic solution that does not exist given the facts of your case. She is not going to be able to wait it out in the US. You are not going to be able to be in Canada all the way with her right to interview.

 

 

Edited March 14, 2021 by SusieQQQ

[payxibka 10,047]

1 hour ago, CalJ said:

Because if I am going to file an I-130, I would like to have my wife beside me and be in the US. so I believe that's K3? that they're allowing the spouse to enter the US while waiting for the immigration to be approved? please correct me if needed. I'd like to have my options and start process asap

 

Maybe, when i130s were taking several years to approve.   Since the i130 processing times have come down,  k3s are effectively obsolete.   

[Nitas_man 3,100]

1 hour ago, CalJ said:

So Basically, the only option I have on the table is I-130? and file I-129F for K-3 so that we can get her back in the US?

You are looking at a new I-130 petition.  That green card is dead.

 

We did EXACTLY what you did and just dropped the green card in the middle of ROC and filed a new petition.

 

K3 has been a dead end since 2008 or 2009.

 

 

Edited March 14, 2021 by Nitas_man

[Nitas_man 3,100]

40 minutes ago, CalJ said:

I understand. But let’s say, I returned to the US, and I will file the IR1 spouse visa, she has to remain in Canada while in process? And to quote you on your answer, I can remain in Canada while doing this process? Isn’t it that I need my domicile in the US? 

She does unless you can qualify with no job or with a joint sponsor and can wait it out with her in Canada.

[CalJ 1]

Thank you for all the responses. This is a great first step for us. Thank you 

[Nitas_man 3,100]

Just now, CalJ said:

Thank you for all the responses. This is a great first step for us. Thank you 

Good luck.  Wish there was a better way.  Been there.

[CalJ 1]

3 minutes ago, Nitas_man said:

You are looking at a new I-130 petition.  That green card is dead.

 

We did EXACTLY what you did and just dropped the green card in the middle of ROC and filed a new petition.

 

K3 has been a dead end since 2008 or 2009.

 

 

Did the process take long? how long did you wait? I mean, since I'm here with her in Canada, I can wait with her but of course I have to go back in the US at any point from today

[SusieQQQ 11,587]

28 minutes ago, Nitas_man said:

She does unless you can qualify with no job or with a joint sponsor and can wait it out with her in Canada.

Not exactly, Canada is notoriously sticky with domicile. Most other places, intent is fine. Canada requires much more hard proof and he will need to return at some point before interview to properly show domicile.
 

 

Edited March 14, 2021 by SusieQQQ

[Nitas_man 3,100]

31 minutes ago, CalJ said:

Did the process take long? how long did you wait? I mean, since I'm here with her in Canada, I can wait with her but of course I have to go back in the US at any point from today

BC (Before COVID) wait times and wait times today are two different things.  Different time, different circumstances.  
 

My point was that to do this correctly you are looking at filing a new I130

[CalJ 1]

7 minutes ago, Nitas_man said:

BC (Before COVID) wait times and wait times today are two different things.  Different time, different circumstances.  
 

My point was that to do this correctly you are looking at filing a new I130

Yes that’s exactly what I’m going to do. Thank you 

[CalJ 1]

26 minutes ago, SusieQQQ said:

Not exactly, Canada is notoriously sticky with domicile. Most other places, intent is fine. Canada requires much more hard proof and he will need to return at some point before interview to properly show domicile.
 

 

Yes they are very sticky on domicile. I have to file a temporary resident (visitor visa) in order to stay longer while waiting. They are notorious when it comes to that 

Edited March 14, 2021 by CalJ

[SusieQQQ 11,587]

14 minutes ago, CalJ said:

Yes they are very sticky on domicile. I have to file a temporary resident (visitor visa) in order to stay longer while waiting. They are notorious when it comes to that 

That wasn’t what I meant. I meant the US consulate in Montreal is very sticky in demanding proof that the USC petitioner has domicile in the US.