Sponsor spouse and kids living in Canada

[HeenaMUA 1]

Hi All,

 

I am a US citizen living as a homemaker in Canada with my husband and 3 Kids.
I was born in the USA and later on moved to Pakistan when I was around 7 and then after getting married in 2008 moved to Canada with my spouse.
 
I haven’t lived in the USA since the age of 14 and I don’t have any income in the USA.

I want to sponsor my spouse and kids to immigrate to the USA for the following 2 reasons.

 

1. My father lives in the USA and I want to be with him along with my family when he needs us.
2. For better prospects for Kids future.

 

Can someone please advise if I am eligible to sponsor my family and what are my options / steps to sponsor my family.

[SalishSea 17,802]

11 minutes ago, HeenaMUA said:

Hi All,

 

I am a US citizen living as a homemaker in Canada with my husband and 3 Kids.
I was born in the USA and later on moved to Pakistan when I was around 7 and then after getting married in 2008 moved to Canada with my spouse.
 
I haven’t lived in the USA since the age of 14 and I don’t have any income in the USA.

I want to sponsor my spouse and kids to immigrate to the USA for the following 2 reasons.

 

1. My father lives in the USA and I want to be with him along with my family when he needs us.
2. For better prospects for Kids future.

 

Can someone please advise if I am eligible to sponsor my family and what are my options / steps to sponsor my family.

Is your father willing and able to be a joint sponsor?  Or someone else in the US?

 

Otherwise,  you will need to find a job in the US before bringing your family over.

 

Montreal is also very strict about domicile, so you will likely have to move and establish yourself without them.   A relative’s address will not suffice since you’ve never lived here as an adult.

 

Have you been filing US federal taxes as per the requirement outlined in  US passports?

 

There are guides at the top of the Visa Journey page for family sponsorship.   That would be a good place to start.

Edited September 24, 2021 by Jorgedig

[HRQX 4,145]

1 hour ago, HeenaMUA said:

and then after getting married in 2008 moved to Canada

Was any of the 3 children conceived before you married your husband in 2008? https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html If not, then you'll need four I-130 petitions since none of them were born as US citizens; I recommend online filing for the petitions: https://www.uscis.gov/i-130

 

***I have moved this topic to IR-1/CR-1 forum*****

Edited September 24, 2021 by HRQX

[SusieQQQ 11,586]

You do not need “reasons” to sponsor them. You are eligible in principle to sponsor them because you are a USC, period. However, by the time their petitions are ready for a visa you will need to show domicile and appropriate financial sponsorship to complete the process successfully, and this is where jorgedig’s post above comes into play. 

[HeenaMUA 1]

1 hour ago, Jorgedig said:

Is your father willing and able to be a joint sponsor?  Or someone else in the US?  (since my father is retired his only income is SS Pension , therefore my father cousin is agree to be co signer as he is running a successful business in US)

 

Otherwise,  you will need to find a job in the US before bringing your family over.

Montreal is also very strict about domicile, so you will likely have to move and establish yourself without them.   A relative’s address will not suffice since you’ve never lived here as an adult.

(didn't get you why Montreal will have any issue what kind of domicile will be needed, can I provide my father address)

 

 

1 hour ago, Jorgedig said:

Have you been filing US federal taxes as per the requirement outlined in  US passports?

 

There are guides at the top of the Visa Journey page for family sponsorship.   That would be a good place to start.

 

[HeenaMUA 1]

1 hour ago, Jorgedig said:

Have you been filing US federal taxes as per the requirement outlined in  US passports?

(I have never worked thus zero income so far, Am I still suppose to file taxes?)

 

[SalishSea 17,802]

You should read up on Montreal's domicile requirements - there is a Canada forum here on VJ.

 

Simply showing a relative's address in the US will not be adequate.  It would be for some consulates.  Not for Montreal.

 

You will need to calculate whether your father's cousin's income is adequate per the FPL to sponsor your family.  Sometimes small business owners' income is tricky if it is counted as revenue vs. income.

 

But like Susie said, all of this is years in the future.  The first step is to submit the petitions.

[HeenaMUA 1]

1 hour ago, HRQX said:

Was any the 3 children conceived before you married your husband in 2008? https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html If not, then you'll need four I-130 petitions since none of them were born as US citizens; I recommend online filing for the petitions: https://www.uscis.gov/i-130

 

***I have moved this topic to IR-1/CR-1 forum*****

I was married in 2008 and my first child was born in 2011.

 

what I have understood is my first step is to file separate I-130 application (Online) for each person. do I need to file anything else with I-130?

[HRQX 4,145]

6 minutes ago, HeenaMUA said:

(I have never worked thus zero income so far, Am I still suppose to file taxes?)

Not required to file since you didn't have income.

 

Have you voted in US elections? Do you have US bank accounts? https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html

Quote

has maintained a domicile in the United States may include:

• A voting record in the United States
   
• Records of paying U.S. state or local taxes
   
• Having property in the United States
   
• Maintaining bank or investment accounts in the United States
   
• Having a permanent mailing address in the United States
   
• Other proof such as evidence that the sponsor is a student studying abroad or that a foreign government has authorized a temporary stay

Also, Montreal is the most strict regrading US domicile.

7 minutes ago, HeenaMUA said:

do I need to file anything else with I-130?

For your husband's I-130 you'll also upload I-130A supplement:

Supplemental Information for Spouse Beneficiary (I-130A)

If you are filing for your spouse, he or she must complete and sign Supplemental Information for Spouse Beneficiary (I-130A). If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.

 

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[pushbrk 12,870]

1 hour ago, HRQX said:

If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.

 

Drag files here or choose a file
Maximum size: 6MB per file
Accepted formats: JPG, JPEG, PDF, TIF, or TIFF
No encrypted or password-protected files

 

 

Note that "overseas" in this context means "not in the USA".

 

1 hour ago, HeenaMUA said:

I was married in 2008 and my first child was born in 2011.

 

what I have understood is my first step is to file separate I-130 application (Online) for each person. do I need to file anything else with I-130?

Yes, since none of your children qualify for immediate US Citizenship, you'll file an I-130 for each intending immigrant.  However, your children will become US Citizens as soon as they USE their IR2 visas to live in the USA with you.  Just apply for their passports after they enter.  Your husband will get a green card, and can apply for citizenship if he wants, three years after entry.

 

It is absolutely critical that you become an A-Student of the I-130 instructions and the form itself.  This is a do it yourself site, with emphasis on SELF.  Do your homework.  There will surely be remaining questions and plenty of help for those, once you've done your homework.  Without doing the homework, you will not likely know WHAT you need to ASK.

[HeenaMUA 1]

if I am submitting I-130 application do i still need to include cover letter ?

[HRQX 4,145]

13 minutes ago, HeenaMUA said:

do i still need to include cover letter ?

No

[HeenaMUA 1]

Another thought came to my mind please advise what’s your take on this.

 

What if we the whole family move to USA? Since my spouse is Canadian citizen so going there won’t be an issue. Will I have to follow the same process like filling I-130 first or there will be different procedure with in USA. Wil applying from within USA wouldn’t be simpler and take lesser time?

 

Please advise if there is any advantage to move to USA and sponsor my spouse and kids from within USA. Or the procedure & time will be same even if I apply from within Canada.

[pushbrk 12,870]

31 minutes ago, HeenaMUA said:

Another thought came to my mind please advise what’s your take on this.

 

What if we the whole family move to USA? Since my spouse is Canadian citizen so going there won’t be an issue. Will I have to follow the same process like filling I-130 first or there will be different procedure with in USA. Wil applying from within USA wouldn’t be simpler and take lesser time?

 

Please advise if there is any advantage to move to USA and sponsor my spouse and kids from within USA. Or the procedure & time will be same even if I apply from within Canada.

Entering the US from Canada from the US for a visit is certainly allowed.  Entering with your household goods and moving to the USA as Canada visitors is not.  Entering the USA as visitors with the intent to immigrate (Adjust Status from within the US) is illegal immigration fraud.  Your husband would not be authorized to work, so probably not a viable plan for other reasons.

 

[HRQX 4,145]

51 minutes ago, HeenaMUA said:

Wil applying from within USA wouldn’t be simpler and take lesser time?

Preconceived intent to AOS from B-2 status is illegal.

 

At POE, they must be honest with the CBP officer and the officer will deny them entry as inadmissible for being intending immigrants without a visa that permits immigrant intent; see INA 212(a)(7)(A)(i)(I).