Which immigration plan makes more sense?

[mikeharry 0]

 Case:

Me (husband): Egypt passport, permanent resident in Canada (where we all currently work and live), will apply for Canadian citizenship in 6 months.

Wife: US citizen (born in US but left with family at 2 years of age)

Son: 5 months old, Canadian citizen, born in Canada and not eligible for US citizenship automatic transfer according to USCIS rules.

 

Plan 1:

• Wait for my Canadian citizenship (in approx. 9 months) then I can find a software eng. job in US and go on TN visa.
• Son (on visitor or TD visa) and wife will follow.
• Wait 90 days and apply for AOS for me and our son.
• Wife will have established domicile in US and we can use my US income to apply. (In this case, we don’t need a co-sponsor?)

 

Plan 2:

• Apply now from Canada
• Wife will have an issue establishing US proof of domicile (she only has a US passport and SSN).
• It will be hard for my wife to travel to US alone to establish domicile.
• Anything can be done from Canada to prove intent to establish domicile once me and our son get the green card?

 

Other questions:

• Since our son was not eligible for the automatic US citizenship transfer from his mom, can he get the US citizenship right after his green card is approved (form N600 ?)

[Allaboutwaiting 2,503]

Plan 1 is not an option: entering the US on a non immigrant visa with the purpose of adjusting status is immigration fraud.

 

Plan 2 is the way to go. To establish domicile, it is enough for the sponsor that lives abroad, to prove the intention in good faith to establish his or her domicile in the United States no later than the date of the intending immigrant’s admission to the United States.

 

Regarding the N-600, your son is not eligible as he is not a citizen. He is not eligible to apply for citizenship either (form N-600k) because your wife does not fulfill the physical presence requirement.

 

[ineedadisplayname 496]

I would do the Canadian citizenship first regardless of what you are planning to do.  You are super close obtaining it and you never know when it will become handy.

[Boiler 45,441]

The Canadian situation is a red herring as unless you can get a L transfer it will be done well before a US move.

 

Does your wife have relatives /friends in the US who would Joint Sponsor.

 

The mention of 90 days suggests you have been reading misleading sources.

[JeanneAdil 6,489]

you mention US wife lives and works in Canada

has she been filing US tax returns as its a requirement?

there is form 2555 for foreign income exclusion up the the amount listed for each year like its  $107,600 for 2020, $108,700 for 2021, $112,000 for 2022, and $120,000 for 2023). 

[carmel34 3,620]

10 hours ago, mikeharry said:

Plan 2:

• Apply now from Canada
• Wife will have an issue establishing US proof of domicile (she only has a US passport and SSN).
• It will be hard for my wife to travel to US alone to establish domicile.
• Anything can be done from Canada to prove intent to establish domicile once me and our son get the green card?

Montreal US Consulate has a very strict interpretation of US domicile.  Evidence to show intent to establish US domicile is usually insufficient for Montreal.  She may have to move to the US a few months before your visa interview to satisfy the IOs in Montreal, get a place to live and a job in the US to be your financial sponsor.  Search the Canada portal for many threads on this topic.