US Citizen moving Canadian Wife and Children to the USA

[MWS 0]

I am a US Citizen that has lived in Canada for 30+ years. I want to move my Canadian Wife and our 5 dependant children to the US. I have heard that I should start with filing an I-130 for my wife and each child. is this the best way and if it is what is the next step from there?

[Boiler 45,525]

So the children are not US Citizens?

 

The big issue with Canada is showing domicile, will you be moving back first, how do you intend meeting the sponsorship requirements.

 

 

[MWS 0]

6 minutes ago, Boiler said:

So the children are not US Citizens?

 

The big issue with Canada is showing domicile, will you be moving back first, how do you intend meeting the sponsorship requirements.

 

 

The Children are Canadian. 

 

we are looking at what we need to do to make the move. currently we are living together in Canada. I'm not clear as to what the sponsorship requirements are. 

[Boiler 45,525]

Head over and have a read of the I 864 https://www.uscis.gov/i-864

[MWS 0]

1 hour ago, Boiler said:

Head over and have a read of the I 864 https://www.uscis.gov/i-864

Do you know if they allow other countries tax filings or is it US only?

[Boiler 45,525]

1 minute ago, MWS said:

Do you know if they allow other countries tax filings or is it US only?

They are checking to make sure you have filed your US taxes as a US Citizen

[MWS 0]

9 minutes ago, Boiler said:

They are checking to make sure you have filed your US taxes as a US Citizen

That's good. Is there a work requirement? I plan on securing a job prior to moving but I'm trying to make sure that I'm following the proper process. Is there a better process to follow or what is the best process?

[Boiler 45,525]

Not a work requirement, domicile yes and Canada is pretty strict on that.

 

There is only one process to sponsor family to move to the US.

[aaron2020 11,651]

Your kids may be dual Canadian/US citizens.  Did you live in the US for at least 5 years with 2 of those years after age 14 in the US before your children were born?  If yes, then your children are US citizens.

 

How old are the kids?

 

If your Canadian income will not continue after you return to the US, then you can not use it for the I-864. 

US citizens are required to report their worldwide income even if nothing is earned in the US on US tax returns.  Have you been filing US tax returns as required?  You are unlikely to owe anything.

 

With a family of 7, you will need to have income of $50,150 or more to sponsor your wife.  If you can't meet the income requirement, then you can use a Joint Sponsor who can meet the requirements for sponsoring your wife.  

 

Best of luck.

[MWS 0]

6 minutes ago, aaron2020 said:

Your kids may be dual Canadian/US citizens.  Did you live in the US for at least 5 years with 2 of those years after age 14 in the US before your children were born?  If yes, then your children are US citizens.

 

How old are the kids?

 

If your Canadian income will not continue after you return to the US, then you can not use it for the I-864. 

US citizens are required to report their worldwide income even if nothing is earned in the US on US tax returns.  Have you been filing US tax returns as required?  You are unlikely to owe anything.

 

With a family of 7, you will need to have income of $50,150 or more to sponsor your wife.  If you can't meet the income requirement, then you can use a Joint Sponsor who can meet the requirements for sponsoring your wife.  

 

Best of luck.

Unfortunately I moved to Canada when I was 5 and have been here since then.

 

The Kids are 8,9,12,,14 & 16.

 

I guess I will see if I can use a Joint Sponsor.

 

is there a Net Worth or Waiver that can be used in leu of a Joint Sponsor?

 

[Boiler 45,525]

You can use saving instead of income as detailed in the I 864

[MWS 0]

12 minutes ago, Boiler said:

You can use saving instead of income as detailed in the I 864

Is there a place to find out how much is necessary? I could go with a Joint Sponsor but if I can do it with out one I would prefer it.

[Boiler 45,525]

38 minutes ago, MWS said:

Is there a place to find out how much is necessary? I could go with a Joint Sponsor but if I can do it with out one I would prefer it.

The I864 specifies the amount obviously will change 150 grand or so

[aaron2020 11,651]

7 hours ago, MWS said:

Unfortunately I moved to Canada when I was 5 and have been here since then.

 

The Kids are 8,9,12,,14 & 16.

 

I guess I will see if I can use a Joint Sponsor.

 

is there a Net Worth or Waiver that can be used in leu of a Joint Sponsor?

 

Here's the cool thing about this.  Once your kids cross into the US with immigration visas and are under age 18, they automatically become US citizens.  This means that they will not need the I-864.  This means your Joint Sponsor only has to sponsor your wife and not your kids.  This means that a single person making $21,000 could sponsor your wife.

 

If you want to meet the I-864 for your wife alone, then your household count would be 7 - you, wife, and kids.  You would need to make approximately $50k.  This means that if you have $150k USD in assets that you could cash out within a year without causing a hardship, you could sponsor your wife by yourself.  

 

 

[carmel34 3,633]

16 hours ago, MWS said:

I plan on securing a job prior to moving

Montreal is very strict on US domicile for the petitioner.  Often intent to re-establish US domicile is not sufficient for Canada.  You may have to move to the US before your wife and kids have their visa interviews, and that could take from 1 to 2 years with the big backlog in Montreal right now.  I suggest that you start looking for a job in the US after her I-130 petition is approved (about a year from filing or less), then while waiting for her visa interview (and the kids), move to the US alone and establish a place to live and start working to show US income on the I-864.  That will increase the probability that the visa will be approved at the interview.  Good luck!