Spousal I-130 application while living in Canada

[Stef2014 0]

Hello Everyone,

I hope you’re all doing well. It’s been a little while since my first post, and I wanted to share an update and get some advice regarding the next steps in our immigration process.

Update on Our Situation:

My children have successfully received their CRBA (Consular Report of Birth Abroad) and passports (yay!). We are now just waiting for their Social Security Numbers (SSNs) and cards. A quick note for anyone currently going through this: the SSNs are not automatically issued with the CRBA, so I had to apply for them separately and in person after the CRBA interview in the States. Just something to keep in mind if you’re in the same boat!

Next Steps – An Application for My Husband:

Now that we’ve crossed that milestone, we’re moving on to filing the paperwork for my husband’s spousal visa. We are planning to file for an immigrant visa (ideally a spousal visa), but I’m a little unsure about the exact forms we need to file and how to navigate the process, especially since we are currently living in Canada.

Here’s a bit more context about our situation:

• I do not have U.S. residency at the moment, which might complicate things slightly.
• We are living in Canada, and my husband and I are both self-employed.
• I work as a freelancer for a company in Texas, but I don’t have a full-time job in the U.S. at this time.
• Once we reach the interview and final stages, I plan to seek employment in the U.S.
• We have two small children, and we don’t want to be separated as a family, so we’ve decided to stay in Canada during the application process.

Our Question:

Given our situation, we are considering having a U.S. family member (who is financially stable) act as the sponsor for my husband’s visa. Is this a good option, and if so, what additional forms should we expect to file along with the I-130? I’ve seen forms like I-130A, and I want to make sure we’re filing everything correctly to avoid delays or issues down the road.

Additionally, would it make sense to explore any other types of visas given our current circumstances, or is the spousal visa still the best route?

Timeline:

We’re giving ourselves a realistic 2-year timeline from the date the application is received by U.S. immigration. This should give us enough time to plan accordingly, but we want to make sure we’re taking the right steps to avoid unnecessary setbacks.

Any insights or suggestions from those who have navigated this process would be greatly appreciated!

Thank you in advance for your help!

 

 

Additional questions:

-For the police background check and the panel doctor exams, should we do this first and submit these items all together or should we wait to submit them until they are requested?

-If we proceed with the I-130 route, am I the one who will fill out the information and add the sponsor (my family member living in the states) document to the application?

-Will the sponsor need to accompany us to the interview when that date is set?

-Since we live in Canada, do we get to chose the office to process our application or will that automatically be chosen based on us living in Canada? (I'd like it to be processed in Pittsburgh, PA but that might not be an option)

-What are the general timelines for the I-130 from the date that it is received, to the interview, to approval?  How many months after an approval is sent do we have to move to the US?

 

 

The below lists are for information to submit with the I-130 application.  However, if we need to go a different route then the below might not be relevant.  Either way, here are my lists:

I am planning on submitting the following for our relationship documentation:

-photos of family events, vacations, our wedding, time with our kids, etc.

-screen captures of text messages and/or emails
-marriage license/certificate from Canada

-marriage vowel renewal certificate from our church in the US

-birth certificates of our children

-joint bills/statements that have our names on the same form

-mortgage statement

-affidavit letter from our priest in Pittsburgh, PA (we are looking to move in that area)

-affidavit letters from friends

 

Financial documentation:

-US and Canada bank statements for me and my husband

-tax filing information for the US and Canada

-business plan for my husband and the company he would like to start once he moves. Along with proven track record of work completed in Canada (not sure if this is needed but we will have this ready)

-US based sponsor financials/forms (if needed)

-paystubs and employment letter from my current US employer

-retirement plan information

-liquid assets (if needed)

 

Documentation for my identity: (not sure what I need to submit but I have all this info ready to go)

-US passport

-US birth certificate

-Canadian driver's license

-expired US driver's licenses (yep, I kept mine)

-Baptismal certificate

-Tax forms (I have filed every year since moving to Canada... how many forms should I send)

-employment letter from current US based employer (I freelance for them while living in Canada)

-HS report cards/transcripts

-University transcripts

-University diplomas and awards

-US banking information

 

Documentation for my husband's identity: (not sure what I need to submit but I have all this info ready to go)

-Canadian passport

-European birth certificate (with original translation)

-Canadian citizenship documentation

-Baptismal certificate

-First holy communion certificate

-Canadian driver's license

 

[appleblossom 2,899]

You will need to show domicile towards the end of the process. If your job will continue when you move to the US, you can use that income but as you say you’ll be job hunting I assume it won’t?

 

Your consulate will be Montreal, that’s the only one in Canada that does immigrant visa applications. 

 

Your timeline of 2 years overall for the whole process is about right as a very rough guide, although of course that may change with the new administration. Once the visa has been issued, your husband will have 6 month from the date of his medical to enter Canada on it - so no, don’t get that done before the end of the process, ideally just before interview. 

 

The guide for spousal sponsorship at the top of the page will give you a step by step process, as will the official website here - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html You can see what you need to submit at each stage there too, most will come later on once the I-130 is approved (maybe 15 months from now ish). There isn’t another visa option available to you, so this is the process you’ll follow. 

 

Good luck. 

Edited Tuesday at 04:06 PM by appleblossom

[mam521 2,120]

Hi and welcome   Once you get the ball rolling, you can fill out your timeline here: https://www.visajourney.com/timeline/profile.php?id=476171

 

There is a guide if you search the forum.  You are correct - file the I-130.  Once approved by USCIS, the case will be sent to the National Visa Center (Department of State) where your husband will fill out the DS-260 and you and your financial sponsor will fill out the Affidavit of Support (I-864).  You are correct - having a joint financial sponsor will make things much smoother.  

 

Spousal visa is essentially guaranteed, barring no issues with criminal history, etc.  It will also mean that, because you'd do consular processing, your husband would enter the US with a 10 year greencard, ready and able to work.  There may be an option to get a job and find a sponsor, but no guarantees.  

 

Two years is a very fair and pragmatic estimate.  Thank you for being realistic about the timeline!  

 

The biggest challenges in Canada are obtaining the correct police records check from the RCMP.  It is not the anticipated "for a visa" type, but rather the "other" variety that has the entire RCMP holding.  You can go to the Commissionares or there are some other fingerprint places that do these checks.  Make sure you do it when it's needed because it does have an expiration.  If he has lived anywhere for more than 6 months outside of Canada after the age of 16, he will need to obtain those PRC's as well. 

 

Your husband won't be welcomed to book the immigration medical until an interview is scheduled.  However, he can ensure his vaccination records are up to date with the CDC required vaccines while he's still covered under provincial health care.  Some are multi-dose vaccines, so that is something to consider. 

 

Montreal is a stickler for domicile.  Good plan for you to go to the US before the interview.  The other option would be to establish a lease agreement with family or wherever you plan to stay if you don't have your own place right away.  

 

You have more than required identity. Just provide what is asked.  Filing online is typically cheaper and easier.  As for proof of relationship, looks good.  Affidavits aren't strong evidence, so if they are a headache, don't worry about it.  Strong evidence is the financial cominglings you've presented.  I'd add beneficiaries for life insurance policies, pensions and retirement savings to the list.  

[Stef2014 0]

Hello everyone,

First off, thank you to mam521 who mentioned the option of me moving to the U.S. to establish residency while waiting for my husband’s I-130 approval. After discussing it, at this time we have decided to stay in Canada until the process is complete. We’re not planning on purchasing a home in the U.S. until my husband’s I-130 is approved. Although moving to the U.S. may make sense, it's not the ideal living situation for us at this time. We’re aware that sacrifices may need to be made during this process, but moving without confirmation of his I-130 approval just isn’t something we feel comfortable doing. I’m a planner, and I’d rather have all the angles figured out before moving forward.

That being said, I’m reaching out to this amazing community for some help. Many of you have been in similar situations, and I’d love to hear your step-by-step experiences with the I-130 process. I believe I’ve completed Step 1 by setting up an online profile with USCIS. What comes next? Does anyone have a timeline or detailed breakdown of the forms and documentation required at each stage? Specifically, I’m looking for clarity on the sequence of forms and actions we will need to take as we work toward my husband’s I-130 approval.

Any advice or insights would be greatly appreciated. I want to be fully prepared for the process, and this community has always been so supportive!

Thank you in advance for your help!

[OldUser 7,227]

8 minutes ago, Stef2014 said:

Hello everyone,

First off, thank you to mam521 who mentioned the option of me moving to the U.S. to establish residency while waiting for my husband’s I-130 approval. After discussing it, at this time we have decided to stay in Canada until the process is complete. We’re not planning on purchasing a home in the U.S. until my husband’s I-130 is approved. Although moving to the U.S. may make sense, it's not the ideal living situation for us at this time. We’re aware that sacrifices may need to be made during this process, but moving without confirmation of his I-130 approval just isn’t something we feel comfortable doing. I’m a planner, and I’d rather have all the angles figured out before moving forward.

That being said, I’m reaching out to this amazing community for some help. Many of you have been in similar situations, and I’d love to hear your step-by-step experiences with the I-130 process. I believe I’ve completed Step 1 by setting up an online profile with USCIS. What comes next? Does anyone have a timeline or detailed breakdown of the forms and documentation required at each stage? Specifically, I’m looking for clarity on the sequence of forms and actions we will need to take as we work toward my husband’s I-130 approval.

Any advice or insights would be greatly appreciated. I want to be fully prepared for the process, and this community has always been so supportive!

Thank you in advance for your help!

No visa will be issued if you cannot provide US domicile. Visa is designed to be issued to an foreigner to join their US citizen spouse living in the US. Without convincing US citizen has domicile in the US (Montreal is stricter), foreign spouse won't be able to move to the US.

 

You can wait for I-130 approval, that is 15 months. The second step will also take some time. At that step you need to convince consulate you have real domicile.

Edited Tuesday at 06:11 PM by OldUser

[mam521 2,120]

7 minutes ago, Stef2014 said:

Hello everyone,

First off, thank you to mam521 who mentioned the option of me moving to the U.S. to establish residency while waiting for my husband’s I-130 approval. After discussing it, at this time we have decided to stay in Canada until the process is complete. We’re not planning on purchasing a home in the U.S. until my husband’s I-130 is approved. Although moving to the U.S. may make sense, it's not the ideal living situation for us at this time. We’re aware that sacrifices may need to be made during this process, but moving without confirmation of his I-130 approval just isn’t something we feel comfortable doing. I’m a planner, and I’d rather have all the angles figured out before moving forward.

That being said, I’m reaching out to this amazing community for some help. Many of you have been in similar situations, and I’d love to hear your step-by-step experiences with the I-130 process. I believe I’ve completed Step 1 by setting up an online profile with USCIS. What comes next? Does anyone have a timeline or detailed breakdown of the forms and documentation required at each stage? Specifically, I’m looking for clarity on the sequence of forms and actions we will need to take as we work toward my husband’s I-130 approval.

Any advice or insights would be greatly appreciated. I want to be fully prepared for the process, and this community has always been so supportive!

Thank you in advance for your help!

As I stated, the I-130 is only the first step in the process.  I definitely would NOT be making any plans to move until the DS-260 is approved and an interview scheduling is imminent.  It will be a balance - if you own a property in Canada and need to sell, you want to do that before moving to the US to avoid capital gains taxes.  That said, you NEED to be able to demonstrate intent to domicile in the US.  Hence the mentioning of a potential lease agreement with family, etc or, you head across and he moves in with family or friends in Canada while the remainder of the process plays out.  At the end of the day, immigration is never easy, cheap or fast and sometimes you need to make sacrifices for it to work.  You establishing domicile may be one of those sacrifices that has to be made so he can join you.  

 

Create the USCIS account, fill out and file the I-130, pay the fees.  That's about all you can do right now.  It will get the process started and you'll receive a NOA probably through your online account within 24-48 hours indicating the process has started.  After that, it's a game of waiting.  Keep track of all travel in and out of the US.  In fact, generate a spreadsheet with all travel for the last 5 years.  Keep that spreadsheet up to date, even after he gets his greencard, because he'll need it if he wants to naturalize.  

[appleblossom 2,899]

18 minutes ago, Stef2014 said:

I believe I’ve completed Step 1 by setting up an online profile with USCIS. What comes next? Does anyone have a timeline or detailed breakdown of the forms and documentation required at each stage? Specifically, I’m looking for clarity on the sequence of forms and actions we will need to take as we work toward my husband’s I-130 approval.

 

See the link I gave you above - that gives you a step by step guide to the process, and as mentioned the VJ guide is well worth a look too. 

 

Good luck. 

[SalishSea 18,058]

58 minutes ago, Stef2014 said:

Hello everyone,

First off, thank you to mam521 who mentioned the option of me moving to the U.S. to establish residency while waiting for my husband’s I-130 approval. After discussing it, at this time we have decided to stay in Canada until the process is complete. We’re not planning on purchasing a home in the U.S. until my husband’s I-130 is approved. Although moving to the U.S. may make sense, it's not the ideal living situation for us at this time. We’re aware that sacrifices may need to be made during this process, but moving without confirmation of his I-130 approval just isn’t something we feel comfortable doing. I’m a planner, and I’d rather have all the angles figured out before moving forward.

That being said, I’m reaching out to this amazing community for some help. Many of you have been in similar situations, and I’d love to hear your step-by-step experiences with the I-130 process. I believe I’ve completed Step 1 by setting up an online profile with USCIS. What comes next? Does anyone have a timeline or detailed breakdown of the forms and documentation required at each stage? Specifically, I’m looking for clarity on the sequence of forms and actions we will need to take as we work toward my husband’s I-130 approval.

Any advice or insights would be greatly appreciated. I want to be fully prepared for the process, and this community has always been so supportive!

Thank you in advance for your help!

Montreal is extremely strict on domicile.  You will want to read and research how to satisfy this requirement to avoid pitfalls (like a denial).  I suggest reading on the Canada forum here on VJ.

[Crazy Cat 42,032]

1 hour ago, Stef2014 said:

We’re not planning on purchasing a home in the U.S. until my husband’s I-130 is approved. Although moving to the U.S. may make sense, it's not the ideal living situation for us at this time. We’re aware that sacrifices may need to be made during this process, but moving without confirmation of his I-130 approval just isn’t something we feel comfortable doing.

Montreal is infamous for their strict US domicile requirements.  You might want to scour the Canada forum for tips.

[pushbrk 13,036]

Note, that when people use the word "domicile" in this context they mean "intent to establish or re-establish domicile".  Intent is the keyword.  There are certainly ways to evidence that intent without relocating ahead of your family.  You have plenty of time to research that.