Did we completely screw up? (IR-1/AOS/I-864/I-865)

[Hanicorn28 0]

My husband's interview in Montreal is in a month, but now that the interview date is getting closer I think we may have screwed up, I hope not badly. Please help!

 

When we filled out the I864 last September, I was temporarily residing in Canada, but had applied for permanent residence as a way to stay with him. I was approved before we submitted the AOS, but didn't know until a couple weeks later. On the AOS, I put my principal residence as being the same as my mailing address, my then current US address. A lawyer at the time told us to do the same, since I was only on a visitor record in Canada. Fast forward to now, and we find out that we were supposed to have maybe notified them via something called the I-865. The thing is, I've been in Canada working for almost a year! We are taking steps to make as much evidence as possible that I am intending to immigrate with him (re-establish domicile) but we realized today they probably think I am still living in the US!

What do we do? 

Edited September 6, 2022 by Hanicorn28

[Redro 4,611]

1 hour ago, Hanicorn28 said:

My husband's interview in Montreal is in a month, but now that the interview date is getting closer I think we may have screwed up, I hope not badly. Please help!

 

When we filled out the I864 last September, I was temporarily residing in Canada, but had applied for permanent residence as a way to stay with him. I was approved before we submitted the AOS, but didn't know until a couple weeks later. On the AOS, I put my principal residence as being the same as my mailing address, my then current US address. A lawyer at the time told us to do the same, since I was only on a visitor record in Canada. Fast forward to now, and we find out that we were supposed to have maybe notified them via something called the I-865. The thing is, I've been in Canada working for almost a year! We are taking steps to make as much evidence as possible that I am intending to immigrate with him (re-establish domicile) but we realized today they probably think I am still living in the US!

What do we do? 

Are you the only sponsor or do you have a joint sponsor?

Are you still working in the US or do you have a job in Canada.

People from Canada will be better suited to answer this question as I believe domicile might be an issue.

Usually questions the intending immigrant includes:

When did you last see your spouse?

What does your spouse do/where do they work?

And where does your spouse live... 

If you no longer make enough to sponsor your husband they might request another sponsor. 

 

[Hanicorn28 0]

4 minutes ago, ROK2USA said:

Are you the only sponsor or do you have a joint sponsor?

My father is the joint sponsor. His home address is the one I put down as my mailing/physical address as it's where I lived shortly after I met my husband.

4 minutes ago, ROK2USA said:

Are you still working in the US or do you have a job in Canada.

I have a job in Canada that I have had since Spring. I still have the job I did when we initially filed the AOS, but I haven't worked there much this year at all. It's a remote job working online.

4 minutes ago, ROK2USA said:

People from Canada will be better suited to answer this question as I believe domicile might be an issue.

Usually questions the intending immigrant includes:

When did you last see your spouse?

What does your spouse do/where do they work?

And where does your spouse live... 

If you no longer make enough to sponsor your husband they might request another sponsor. 

 

Ok, but it's ok that I didn't put our address as 'physical address?' Technically, I was approved for PR here on august 20 but we didn't file our AOS until mid-September.

 

I guess I might have to move back soon then, because we do NOT want this to go on any longer. 

[Redro 4,611]

7 minutes ago, Hanicorn28 said:

My father is the joint sponsor. His home address is the one I put down as my mailing/physical address as it's where I lived shortly after I met my husband.

I have a job in Canada that I have had since Spring. I still have the job I did when we initially filed the AOS, but I haven't worked there much this year at all. It's a remote job working online.

Ok, but it's ok that I didn't put our address as 'physical address?' Technically, I was approved for PR here on august 20 but we didn't file our AOS until mid-September.

 

I guess I might have to move back soon then, because we do NOT want this to go on any longer. 

It is fine... people move all the time so something you wrote down 3 months might have changed between submitting I-864 and interview. 

At my interview, I was asked if I had visited any other countries in the last 3 months. 

Your husband will be given the opportunity to update the interviewer during his interview. 

 

 

[Hanicorn28 0]

1 minute ago, ROK2USA said:

It is fine... people move all the time so something you wrote down 3 months might have changed between submitting I-864 and interview. 

At my interview, I was asked if I had visited any other countries in the last 3 months. 

Your husband will be given the opportunity to update the interviewer during his interview. 

 

 

Thanks very much. I guess we have to decide whether or not A. I move back now and we scramble to get as much done as possible or B. We gather up enough evidence that I intend to move back.

[carmel34 3,633]

6 hours ago, Hanicorn28 said:

I guess we have to decide whether or not A. I move back now and we scramble to get as much done as possible or B. We gather up enough evidence that I intend to move back.

Montreal is notoriously strict on US domicile for the petitioning spouse.  I strongly suggest option A, to increase the probability that his visa will be approved.