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ConsistentCut

Do we file a late I-865?

By ConsistentCut in Canada

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ConsistentCut Explorer

ConsistentCut   17

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I thought I had this answered but after reading more I don't. Need help.

I will try to explain our situation as succinctly as possible

  • Married in 2018, Wife is USC, I am Canadian Citizen

  • Filed I130 in May 2020, putting wife's US address and physical address as US

  • Wife maintained all evidence of domicile in US, including cell phone, car reg, driver's license. Continued to work remotely, paying US tax, filing US tax returns

  • Submitted I864 and DS260 in September 2021, cosponsor is father at same address as above

  • Wife gained Canadian PR status in September 2021, found job in Spring 2022 and has been working there ever since. Spends the vast majority of her time in Canada since covid, but multiple trips back and forth since (dozens of trips)

  • Still has contract and job with old company, but rarely works for them any more

  • Documentarily Qualified in June 2022, Consular interview scheduled for October 2022

  • Found out about I865 (change of address form) today, not sure whether to file it or not because not sure if she has actually changed her address. Her permanent address is technically still in the US, but it's complicated and confusing because she works in Canada, spends most of her time here, and has PR status

  • Unsure how to answer some interview questions: "where does she live?" "where does she work?" and so on

  • Want to be as honest as possible and have attempted to be but complicated situation

Please help.

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Timona Experienced

Timona   4,207

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No need for I-865

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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ConsistentCut Explorer

ConsistentCut   17

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13 minutes ago, Timona said:

No need for I-865

Thank you. Are you certain? What do I say if asked where she lives and what she does for work? Just give the "American" answers (lives at US address, works remotely for the company she pays USD taxes in)?

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Crazy Cat Grand Master

Crazy Cat   41,836

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44 minutes ago, ConsistentCut said:

Her permanent address is technically still in the US, but it's complicated and confusing because she works in Canada, spends most of her time here, and has PR status

She lives in Canada.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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ConsistentCut Explorer

ConsistentCut   17

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4 minutes ago, Crazy Cat said:

 

She lives in Canada.  

She resides here, but she also has a US address, a US based job, and a US domicile. She has more connections to her domicile in the US than she does to Canada. This is what's confusing about this. She hasn't cut ties with the US and never intended to do so, or to move to Canada permanently. She's just here temporarily while we wait out my IR1 application.

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Crazy Cat Grand Master

Crazy Cat   41,836

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4 minutes ago, ConsistentCut said:

She resides here, but she also has a US address, a US based job, and a US domicile. She has more connections to her domicile in the US than she does to Canada. This is what's confusing about this. She hasn't cut ties with the US and never intended to do so, or to move to Canada permanently. She's just here temporarily while we wait out my IR1 application.

I don't see an issue at all.  Is she just visiting you?  If so, then she lives in the US.  Either way, I don't see a problem. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,836

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Filed: Citizen (apr) Country: Taiwan
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6 minutes ago, ConsistentCut said:

She resides here, but she also has a US address, a US based job, and a US domicile. She has more connections to her domicile in the US than she does to Canada. This is what's confusing about this. She hasn't cut ties with the US and never intended to do so, or to move to Canada permanently. She's just here temporarily while we wait out my IR1 application.

She is a Canadian PR......

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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