Domicile and Proof of Income while living in Canada

[LynnSunshine 2]

Hello 

 

I'm overwhelmed by this entire process. My husband (USC sponsor/applicant) and I (Canadian, beneficiary) have been living in Canada together since 2010. 

I sponsored him to come live in Canada because it was a much simpler process than the other way around. But we're not happy here.

The US has more options for tolerable weather, and my career.

 

I was stupid to think that the I-130 was the hard part. We applied online.

The good news is that it was approved in less than a year.

 

The NVC sent me an email last October "Introduction to Document Collection". I see that I need to fill out form I-864 Affidavit of Support, to provide proof of domicile and US income.

I'm just baffled that we have to proof we plan to establish domicile... like, why would we go to all this trouble just to stay in Canada? 

 

We don't have anyone we can use as a joint sponsor.  We have liquid assets that are cashable (we'll have to cash in TSFA's regardless as you can only hold TSFA if you have Canadian residency), so my plan is to cash it out and transfer funds to our US based bank account.  But I have seen some scary comments on here and other forums saying that Montreal is notorious for not approving visa's for those using assets as proof of income.  I also saw a comment somewhere that you have to have 5x the annual poverty-line income if using assets as proof of income -- but isn't it supposed to be 3 x? 

 

We don't have kids. Potentially my husband could move down there, get a job and a place for us. But I don't know any employer who would be okay with him taking the time off he'd need for a consular interview and again later to move me and the dogs down to the USA.   

 

Does anyone have any advice to offer?

 

Timeline:

I don't understand most of the timeline codes on this forum.

October 2022:  I-130 submitted online

September 2023: I-130 approved and notified via email and by physical mail

September 2023: NVC emailed us that they are ready to collect documents from us "Introduction to Document Collection"

September 2023 to Feb 2023:  frozen in fear after seeing all the complex steps that we have to take to complete this process

Feb 5 2023: paid NVC filing fee and AOS fee

Currently: trying to figure out how to properly fill out I-864 and provide proof of income and domicile while living in Canada

 

 

[mam521 2,062]

Hate to say it, but Canadians are notoriously awful for wanting to sit on the fence - they get US PR but don't move or take their sweet time.  Montreal, as a result, is a notoriously strict consulate for proving domicile.  Canadians have pretty lax attitudes because they don't require a formal visa process to visit (and are one of the worst offenders for overstays).  As a result, many Canadians forget that immigration is a privilege, not a right and the US isn't obligated to allow Canadians in.   

 

I trust your husband has been filing his US income tax while residing in Canada.  That will be needed.  

 

You could choose to move your assets now and fulfill the requirements of the AOS.  That form can be updated to reflect your husband's US work when you appear for your interview.  

 

If you own a house, you'll want to sell it before he (and you) moves to the US.  Dealing with CRA NRA and tax withholding is a ROYAL pain in the rear.   

 

When you do finally get to the interview, your husband isn't required to be there.  It's just you.  He's not even allowed into the Consulate.  But as it stands, if you're not yet documentarily qualified, you have another probably 3 months for the DS-260 et al to be approved once you submit and you have a 4-5 month wait for an interview after that.  I would imagine that your husband would have some vacation time accrued in that time to come move you.  You may also want to consider downsizing and keeping it simple on the Canadian end.  

[Boiler 45,525]

Quote

 Potentially my husband could move down there, get a job and a place for us.

 

This

 

Quote

But I don't know any employer who would be okay with him taking the time off he'd need for a consular interview and again later to move me and the dogs down to the USA.   

 

He is not the one interviewed you are.

 

Can you not move yourself?

[Crazy Cat 41,885]

1 hour ago, LynnSunshine said:

I'm just baffled that we have to proof we plan to establish domicile... like, why would we go to all this trouble just to stay in Canada? 

A family re-unification visa is for reuniting families inside the US.  It's the law.   That's why all petitioners must prove domicile in the US.

[Ontarkie 14,226]

You will want to pop over the the Canada forum if you haven't found it yet. https://www.visajourney.com/forums/forum/93-canada/

 

and check out the FAQ https://www.visajourney.com/forums/topic/734707-cr1ir1-montreal-faq/

 

and the ongoing thread with CR1/IR1 https://www.visajourney.com/forums/topic/804105-the-big-ir-1cr-1-dqd-message-group-part-v/

 

You are going to need more Montreal specific experience, advice and support.

 

 

 

[LynnSunshine 2]

1 hour ago, Boiler said:

He is not the one interviewed you are.  

I assumed that he would have to be at the interview too. If he doesn't then great. 

 

1 hour ago, Boiler said:

 

Can you not move yourself?

When I immigrated my husband to Canada, it was a requirement for to be with him at the border. So I assumed it would be the same for me to move down there?  

Besides all that, there's no way I'm going to drive all that way with two dogs without someone with me, and flying isn't an option. 

[Crazy Cat 41,885]

Just now, LynnSunshine said:

So I assumed it would be the same for me to move down there?  

The US spouse must arrive in the US either any time  before or at the same time as the immigrant.  

[LynnSunshine 2]

1 hour ago, mam521 said:

I trust your husband has been filing his US income tax while residing in Canada.  That will be needed.  

Yes, that's about the only thing he's been doing. He hasn't been voting. In fact, he's never voted in any US elections (facepalm). 

 

I just can't imagine living apart for 4-6 months while we wait for all of this.

 

There is no such thing as downsizing here when it comes to rent, not in my area anyway. Rental prices and real estate both went through the roof here. So even if I downsized this two bedroom to a 1 bedroom, I wouldn't be able to find anything cheaper.  I will reluctantly have to live with my parents, which is in itself a risk to my mental health but it may be my only option. 

 

Thank you for your input, very helpful 

 

[Boiler 45,525]

You can both visit during the process, you have 6 months from the date of the medical to move.

[SalishSea 17,835]

1 hour ago, LynnSunshine said:

I just can't imagine living apart for 4-6 months while we wait for all of this.

Immigrating without some temporary separation is very unlikely.

 

One thing you should really listen to in this thread:  Montreal is notoriously strict when it comes to domicile.  His being up to date on filing federal income taxes is great, but it won't be enough.

[carmel34 3,633]

2 hours ago, LynnSunshine said:

Besides all that, there's no way I'm going to drive all that way with two dogs without someone with me, and flying isn't an option. 

The best path forward through the Montreal Consulate is for your US citizen husband to move to the US 4-6 months before your estimated visa interview date, to establish domicile, get a driver's license, rent or buy a place to live, open a checking account, etc., and get a job as your primary financial sponsor, then he can go up to Canada for a week to help you move to the US after your visa is in hand.

[pushbrk 12,894]

2 hours ago, LynnSunshine said:

I assumed that he would have to be at the interview too. If he doesn't then great. 

 

When I immigrated my husband to Canada, it was a requirement for to be with him at the border. So I assumed it would be the same for me to move down there?  

Besides all that, there's no way I'm going to drive all that way with two dogs without someone with me, and flying isn't an option. 

Quite assuming and do your homework, but reading instructions and learning the process.  Harsh, but necessary.

 

Assets do need to be 3 times the income requirement, but that is the minimum. Barely qualifying is not likely to work.  Answer is for your husband to move to the USA and start a job.  Use that new job AND your liquid assets to qualify financially.  

I'm sure you would LIKE your husband to be there to help you move, but in reality that is not necessary.  You can hire a moving company to do it ALL.  They will come and pack and move everything you didn't already get rid of.

Your husband doesn't ever have to return to Canada after starting his USA job.  He can, of course, but it is not required.  He does NOT need to cross the border WITH you.  He CAN, but what is important is that he is EITHER already in the USA ahead of you OR crosses with you.  EITHER is fine.

[LynnSunshine 2]

34 minutes ago, pushbrk said:

Quite assuming and do your homework, but reading instructions and learning the process.  Harsh, but necessary.

Really? It's necessary to be rude?

 

QUIT assuming that I haven't read instructions. Just because I have read them does NOT mean I understand them. Isn't that what this forum is for, to get help with understanding the very complicated US immigration process?

 

You are the exact reason why I was scared to post on here. I have read A LOT of information about the immigration process.

I immigrated my husband to Canada in 2010, I have been through the hard work and reading countless instructions. US immigration forms are horrible and confusing.   

 

Try being kind next time.

 

[LynnSunshine 2]

39 minutes ago, pushbrk said:

I'm sure you would LIKE your husband to be there to help you move, but in reality that is not necessary.  You can hire a moving company to do it ALL.  They will come and pack and move everything you didn't already get rid of.

Sure, if we had loads of money to throw around. If I could afford movers I wouldn't be doing this process myself at all – I would hire an immigration lawyer.  

 

[LynnSunshine 2]

1 hour ago, carmel34 said:

open a checking account

Great, thanks for the info.  We're already a step ahead with one thing at least... with the checking account. We've had a US based bank account since 2018.