Should I lawyer up or use Boundless/SimpleCitizen?

[mikeharry 0]

I'm married to a US citizen. We currently live in Canada with our 2-month-old child. We are planning to file for a marriage green card but we are not sure whether it is better to use Boundless or hire an immigration lawyer. Here is some key info. about our case:

• Married for 1.5 years so far and have a 2-month-old child

• US citizen spouse left the US with her family when she was just 2 years old

• As for the proof of domicile: 1) mailing address of her brother who is living in the US. 2) Social Security number.

• We have a joint sponsor

• US citizen spouse doesn't work yet and hasn't filed her US taxes for a long time.

• We plan to move together to the US after the green card approval.

[Lil bear 4,230]

13 minutes ago, mikeharry said:

I'm married to a US citizen. We currently live in Canada with our 2-month-old child. We are planning to file for a marriage green card but we are not sure whether it is better to use Boundless or hire an immigration lawyer. Here is some key info. about our case:

• Married for 1.5 years so far and have a 2-month-old child

• US citizen spouse left the US with her family when she was just 2 years old

• As for the proof of domicile: 1) mailing address of her brother who is living in the US. 2) Social Security number.

• We have a joint sponsor

• US citizen spouse doesn't work yet and hasn't filed her US taxes for a long time.

• We plan to move together to the US after the green card approval.

Honestly most of us are DIYers and suggest that if you are prepared to do deep research in the right places and read read read .. that you can do it yourself.
 

The only point from your summary that is going to catch you out .. visa service , immigration lawyer or DIY.. is Montreals  strict policy of requiring the  USC to be  physically resident in the US prior to the interview.  This usually requires the USC moving to the US once the interview  date is set,  so they can provide documentation of their permanent  presence in the US   Drivers licence, voting card, phone bills, bank statements etc.   Many lawyers and visa services wouldn’t be aware of this specific requirement of one particular consulate.  
 

She must  file tax returns for at least the last 3 years or be able to explain why she did not need to file a US tax return.. eg zero income 

Edited January 27 by Lil bear

[OldUser 6,738]

I suggest either research extensively and DIY or hire a lawyer.

 

Boundless or other similar services can often give incorrect advice.

 

First look: the proof of domicile is very weak, more evidence needs to be developed.

 

Best to have job lined up, rental if possible, driver's license, bank statements, library card etc.

 

US taxes filed of course.

 

Joint sponsor lined up (it may take a while to find one), though it's to do with affidavit of support not domicile.

Edited January 27 by OldUser

[Boiler 45,580]

I would plan on the USC moving first and do you have a Joint Sponsor?

[Lil bear 4,230]

9 minutes ago, Boiler said:

I would plan on the USC moving first and do you have a Joint Sponsor?

OP first post says they have a joint sponsor. 

[Boiler 45,580]

Just now, Lil bear said:

OP first post says they have a joint sponsor. 

Ooops

The only real issue seems domicile then.

[OldUser 6,738]

5 minutes ago, Lil bear said:

OP first post says they have a joint sponsor. 

Oh, I see. Somehow missed it

[SalishSea 17,856]

1 hour ago, mikeharry said:

I'm married to a US citizen. We currently live in Canada with our 2-month-old child. We are planning to file for a marriage green card but we are not sure whether it is better to use Boundless or hire an immigration lawyer. Here is some key info. about our case:

• Married for 1.5 years so far and have a 2-month-old child

• US citizen spouse left the US with her family when she was just 2 years old

• As for the proof of domicile: 1) mailing address of her brother who is living in the US. 2) Social Security number.  Those are inadequate.

• We have a joint sponsor

• US citizen spouse doesn't work yet and hasn't filed her US taxes for a long time.  This needs to be corrected asap.

• We plan to move together to the US after the green card approval.   This will not work for Montreal.  Petitioner will need to be domiciled ahead of time.

Usually, we recommend DIY here, but your case seems to have multiple issues, so you may want to hire a competent lawyer.  If you do, I recommend shopping around and being very selective; there are so many incompetent lawyers out there.

[TBoneTX 45,364]

Before contacting any lawyer or especially Boundless, consult Platinum (top menu, Ask a Pro, VJ Partners).

This is for good reason.

I have no conflict of interest in making this recommendation.

[Amunah 62]

One more vote for Platinum. No conflict of interest either, and I had a lawyer and very straight forward case.  It’s on me. 

[Redro 4,611]

10 hours ago, mikeharry said:

I'm married to a US citizen. We currently live in Canada with our 2-month-old child. We are planning to file for a marriage green card but we are not sure whether it is better to use Boundless or hire an immigration lawyer. Here is some key info. about our case:

• Married for 1.5 years so far and have a 2-month-old child

• US citizen spouse left the US with her family when she was just 2 years old

• As for the proof of domicile: 1) mailing address of her brother who is living in the US. 2) Social Security number.

• We have a joint sponsor

• US citizen spouse doesn't work yet and hasn't filed her US taxes for a long time.

• We plan to move together to the US after the green card approval.

Are you able to attain US citizenship for your new child? 

If not be aware you will need to file two I-130's one for the child and one for you. 

You do not have to file taxes before you start the process. I would file the I-130 now and then start working on filing back taxes (google streamline process)

and make sure to keep proof of filing US taxes because you might not receive receipts by the time you get to the NVC process. 

If you decide to hire a lawyer OR Boundless/Simple Citizen make sure they are aware of your nuanced situation. 

Most paper filing assistants have a "size fits all" approach and might give you the incorrect advice. 

A lawyer might also have a similar issue where they have not handled a case like yours. 

Others have had similar situations and completed the entire process without a lawyer/document preparer. 

 

As other have said, the current proof for domicile is very weak (especially for Canada). While the I-130 is pending, your wife should make a few trips to Canada and set up a US bank account (this will also be required to pay the DS260 and the I864 at the NVC stage) and create other ties to the US. 

 

You should also follow and post in this thread to see what the changing domicile requirements for Canada are... it has been extremely strict to slightly more relaxed over the years. 

 

The Canada forum in its entirety might be a great resource for you as many Canadian/US citizens are in a similar position to you. 

[SteveInBostonI130 3,465]

Looks like OP's wife cannot transfer citizenship via CRBA - wife was 2 yrs old when her family moved to Canada.

 

2x I-130's will be needed - one for the OP and one for the child.

[pushbrk 12,911]

Just going to add that if the USC has never worked or had income, she is not required to file a tax return.  She will provide an affidavit of support form, stating no income and she'll check a box indicating no tax returns because not required.  It will be abundantly clear she has no employment or earnings history.