Living in Canada While Awaiting Form I-130 & Proving Domicile

[Canucklehead 102]

Hi there! My wife and I received confirmation October 19th, 2021 that USCIS had received our Form I-130 and I-130A. We'd originally planned on having my wife move to the USA in February (she is a US citizen), with me coming down to visit a few times. However, it seems like visiting during the time an I-130 is pending can be grounds for dismissal for our application. Also, I am limited by my visa regulations (no more than 6 months in 12 caN be spent in the USA) and we are trying to spend the least amount of time apart.

 

Therefore, we are now thinking that it may be best for us to continue to live in Canada until the I-130 is processed (my wife is a PR here). We had originally planned on having my wife move earlier because we thought she needed a US job to prove domicile. However, after speaking to an immigration lawyer, she suggested that my wife does not need to have a job in the USA at the time we are asked for a Visa interview. My questions are:

 

• Are there any other married couples on here who remained in Canada while awaiting the results of Form I-130? If so, what did your process look like?
• If we do remain in Canada until I-130 is accepted, what would my wife need to have ready to prove domicile when we are asked for the next steps? She has voted in every election, has maintained a US bank account even while living in Canada, has filed US taxes every year, and we have financial statements proving we have over 5x the poverty limit ($21,000).
• Does my wife need to have a job in the USA at the time we go for our Visa interview?

 

We are not trying to break any rules/skirt around the law, but rather just want to establish a plan over the next 12 months to set ourselves up to be successful in our application and not spend too much time apart. Any help would be greatly appreciated! 🙂

[cdndesro 44]

As far as visiting during the process, this is not grounds for dismissal but each entry is up to the CPB officer at the time.  Being able to prove ties to Canada and that you intend to return to Canada will be helpful in case of scrutiny.  There is nothing illegal about visiting, staying for some time and leaving without overstaying.  As long as you are honest about your intentions and follow the rules/laws then you would be fine.

 

I can't offer much towards your other question regarding domicile, but having an address, taxes, bank accounts, etc. is all proof so sounds like you have that covered.

 

Job isn't required but it helps since she is the sponsor unless you have other means of support, joint sponsor, etc.

 

Unfortunately time apart is part of the process...I am in the same boat.

[Chancy 6,243]

10 hours ago, Canucklehead said:

it seems like visiting during the time an I-130 is pending can be grounds for dismissal for our application.

 

That's false.  There's a pinned thread about spouses visiting during their CR1/IR1 process with no negative impact on their immigration process.  Check here -- https://www.visajourney.com/forums/topic/744770-travelling-on-tourist-visa-whilst-waiting-for-i-130/

 

What's true is that there is always a risk of being turned away by CBP at the border, but that risk applies to all non-USCs/LPRs, whether they filed an I-130 petition or not.  Even if you do get turned away by CBP, it will not impact your visa process unless you do something illegal, like lying to the CBP officer about your purpose of travel or anything else.

 

Remember -- Visiting, then returning to Canada on time, is fine.  Traveling to the US with intent to stay and adjust status is not.

 

10 hours ago, Canucklehead said:

If we do remain in Canada until I-130 is accepted, what would my wife need to have ready to prove domicile when we are asked for the next steps? She has voted in every election, has maintained a US bank account even while living in Canada, has filed US taxes every year, and we have financial statements proving we have over 5x the poverty limit ($21,000).

 

You were given good advice back in January about what Montreal likes to see with regard to US domicile.  The answers likely won't change since that time --

 

 

[Canucklehead 102]

11 minutes ago, Chancy said:

 

That's false.  There's a pinned thread about spouses visiting during their CR1/IR1 process with no negative impact on their immigration process.  Check here -- https://www.visajourney.com/forums/topic/744770-travelling-on-tourist-visa-whilst-waiting-for-i-130/

 

What's true is that there is always a risk of being turned away by CBP at the border, but that risk applies to all non-USCs/LPRs, whether they filed an I-130 petition or not.  Even if you do get turned away by CBP, it will not impact your visa process unless you do something illegal, like lying to the CBP officer about your purpose of travel or anything else.

 

Remember -- Visiting, then returning to Canada on time, is fine.  Traveling to the US with intent to stay and adjust status is not.

 

 

You were given good advice back in January about what Montreal likes to see with regard to US domicile.  The answers likely won't change since that time --

 

 

Thank you for your comment. Is your comment implying what I've listed as evidence of domicile is not enough, in your opinion?

 

I'm confused because the previous poster makes it seem like it's enough...

Edited November 6, 2021 by Canucklehead

[Chancy 6,243]

3 hours ago, Canucklehead said:

Is your comment implying what I've listed as evidence of domicile is not enough, in your opinion?

 

I'm confused because the previous poster makes it seem like it's enough...

 

It was the advice to you back in January from another member from Canada that I linked in my previous post.  They clearly said that the domicile evidence you listed has not been enough for Montreal.  That's based on the experience of other applicants with domicile concerns and who have already completed their interview at Montreal.  The previous poster did say above that they can't offer much towards your question regarding domicile.

 

I understand your reluctance to be separated from your spouse.  I mean, the whole point of us being in this journey is to be together with our loved ones, right?  But we all need to comply with the requirements specific to our consulate.  In your case, that likely means some time apart to satisfy Montreal's domicile requirement.  From the reports of other members at the Canada regional forum, Montreal is not likely to be happy will anything less than evidence of the USC petitioner's actual residence on US soil, or US-based employment (not remote work), or a credible job offer in the US.

 

[Canucklehead 102]

On 11/6/2021 at 4:05 AM, Chancy said:

 

It was the advice to you back in January from another member from Canada that I linked in my previous post.  They clearly said that the domicile evidence you listed has not been enough for Montreal.  That's based on the experience of other applicants with domicile concerns and who have already completed their interview at Montreal.  The previous poster did say above that they can't offer much towards your question regarding domicile.

 

I understand your reluctance to be separated from your spouse.  I mean, the whole point of us being in this journey is to be together with our loved ones, right?  But we all need to comply with the requirements specific to our consulate.  In your case, that likely means some time apart to satisfy Montreal's domicile requirement.  From the reports of other members at the Canada regional forum, Montreal is not likely to be happy will anything less than evidence of the USC petitioner's actual residence on US soil, or US-based employment (not remote work), or a credible job offer in the US.

 

Thank you for clarifying and for your help! :)

[mam521 2,214]

If you have a signed lease agreement with family in the US, Montreal will likely accept it.  They want to see where you're going and that it's something concrete.  The other option is for your wife to go back to the US a month or 2 before your interview and have your future home established at the time of the interview. 

 

If you want to know the realistic wait times between your DQ and interview, check the spreadsheet in my signature.  Montreal is a slow consulate, so I'm not surprised that you've opted to stay in Canada together for the time being.