Can my 21 year old daughter apply for her parent's greencard while she lives in Canada?

[hahahamush 0]

Hi Friends,

I wanted to share my current situation.

My wife, daughter, and I live in canadian border city(Windsor) Ontario, Canada. My wife and I are Indian-born Canadian citizens, while our daughter is a U.S. citizen who will be turning 21 next month. She is currently in her final year at a university in Canada.
In a nutshell, we all currently live in Canada.

I have a few questions:

1) Can our U.S. citizen daughter apply for her parents' green card while living in Canada, or does she need to move to the U.S. first after turning 21 to apply?
2) Does she need to have any income to submit the application for her parents?
   If she moves to the U.S. and doesn’t have a job, and I(Father) find employment in the U.S. on a TN visa, Would my salary allow her to apply for her parents green card to meet the income requirement since I would be working in the U.S.?
I hope my questions are clear!

I would really appreciate your feedback.

Have a great day!
 

[NorthByNorthwest 307]

26 minutes ago, hahahamush said:

1) Can our U.S. citizen daughter apply for her parents' green card while living in Canada, or does she need to move to the U.S. first after turning 21 to apply?

2) Does she need to have any income to submit the application for her parents?
   If she moves to the U.S. and doesn’t have a job, and I(Father) find employment in the U.S. on a TN visa, Would my salary allow her to apply for her parents green card to meet the income requirement since I would be working in the U.S.?

 

1) She must already live in the US, or show plans to establish domicile in the US no later than when the beneficiary enters.

 

2) Yes, she needs to meet the income requirements, unless she can qualify by assets alone. Otherwise a joint sponsor is required, who needs to be in the US already and is a US citizen or LPR. This precludes you being a sponsor even if you are in the US on a TN visa.

[nastra30 2,239]

1) Yes, she can file I-130s with USCIS while in Canada. However, before the visa will be issued to parents, daughter will have to be domiciled in the US or prove to consular officer of intent to establish domicile in the USA. 

2) She doesn't need income to submit the I-130 to USCIS. However, she will need US income to supply financial affidavit of support (I-864) to the NVC/consulate. Or she can find a joint sponsor if she has no income at NVC stage. Income has to meet some level to qualify. No, father can't use his income; daughter will need to find a joint sponsor who is a USC or LPR.

 

Edited 15 hours ago by nastra30

[hahahamush 0]

6 minutes ago, nastra30 said:

1) Yes, she can file I-130s with USCIS while in Canada. However, before the visa will be issued to parents, daughter will have to be domiciled in the US or prove to consular officer of intent to establish domicile in the USA. 

2) She doesn't need income to submit the I-130 to USCIS. However, she will need US income to supply financial affidavit of support (I-864) to the NVC/consulate. Or she can find a joint sponsor if she has no income at NVC stage. Income has to be meet some level to qualify. No, father can't use his income; daughter will need to find a joint sponsor who is a USC or LPR.

 

Thanks a bunch for your prompt response!!

9 minutes ago, NorthByNorthwest said:

 

1) She must already live in the US, or show plans to establish domicile in the US no later than when the beneficiary enters.

 

2) Yes, she needs to meet the income requirements, unless she can qualify by assets alone. Otherwise a joint sponsor is required, who needs to be in the US already and is a US citizen or LPR. This precludes you being a sponsor even if you are in the US on a TN visa.

Thanks NorthByNorthwest for your prompt response..

[hahahamush 0]

Thanks all for your speedy reply!! Really appreciate it!!

 

Also on the i-864, I read some where that one can use the parent's Social security eligibility. In my case, I(Parent) worked in the US from 2001 till Jan 2024 and have enough social security income. Is this a rumor or a near fact. Please chime in if you have any information on this please.. Thanks again!!

[nastra30 2,239]

22 minutes ago, hahahamush said:

In my case, I(Parent) worked in the US from 2001 till Jan 2024 and have enough social security income. 

Yes in your situation, it's possible you may not need I864 affidavit of support if you have 40 quarters (about 10 years) of US SSA work credit to your name. I864W will be the form to fill in this situation with SSA documents proving 40quarters of credit.

Edited 15 hours ago by nastra30

[hahahamush 0]

10 minutes ago, nastra30 said:

Yes in your situation, it's possible you may not need I864 affidavit of support if you have 40 quarters (about 10 years) of US SSA work credit to your name. I864W will be the form to fill in this situation with SSA documents proving 40quarters of credit.

Wow.. Thanks a bunch for that information!! Thatz great news.. I see from ur posts that you have contributed to more answers.. Thanks for helping with your information with people like us here..Keep up and continue the good work!!

[OldUser 6,095]

1 hour ago, hahahamush said:

Thanks all for your speedy reply!! Really appreciate it!!

 

Also on the i-864, I read some where that one can use the parent's Social security eligibility. In my case, I(Parent) worked in the US from 2001 till Jan 2024 and have enough social security income. Is this a rumor or a near fact. Please chime in if you have any information on this please.. Thanks again!!

I recommend having a plan B (joint sponsor) if this income is not accepted.

 

[hahahamush 0]

1 hour ago, OldUser said:

I recommend having a plan B (joint sponsor) if this income is not accepted.

 

Thanks a bunch for your feedback.