pushbrk

Correct, meaning yes she can "apply" now. The DS160 is the visa application form and the application process completes with a visa interview in Guangzhou. Her two years will have passed before the interview. (Conclusion of visa application process)

Also members can request that a moderator close the thread/topic but that is not what happened. The topic is not yet closed and the information is still meaningful. Probably no reason to comment further though.

The above is all good information to consider. However, at this stage my advice focuses on getting through NVC and into the interview queue. Additional steps between DQ and interview can be taken. It does happen that getting through NVC on support and domicile does not guarantee the same will go that way at the interview. But, there is a guarantee that if you don't get through NVC there will be no interview.

The instructions are in the instruction letter from the Consulate. Those are the instructions you follow, PERIOD. Don't go looking for other instructions that mentions case number and invoice number. That's for an immigrant visa. Go back to that instruction letter, follow those instructions and disregard information from other sources another context.

Don't lie. Your domicile evidence goes with the affidavits of support. Unless and until NVC accepts that evidence, you will not even be in the queue for an interview in Montreal. Yes, it is an advantage to go ahead and move ahead of your husband. The checking into schools was not about your children's education. It's about the domicile issue. Homeschooling is fine but it will not help with the domicile issue. You can kind of pseudo move also, in that you can go ahead and get your local driver license, bank account etc. for what (to you) is a temporary stay preparatory to the permanent move. Firm evidence of your husband's continued employment with the same company's US branch etc. is a key issue do firmly document. A receipt for moving expenses for a portion of your household items can also be used if practical for you.

Follow Consulate instructions for paying the visa application fee.

Your lawyer is not completely wrong, but it is not true, in the way you have written it. The first hurdle is NVC accepting your EVIDENCE of your intent to re-establish domicile in the USA. That comes before the interview. Your plan sounds good but it needs to be followed "before submitting the I-864" not just "before the interview" or their never will be an interview. I would add looking into schools for the kids. It sounds like your Canadian Husband will be continuing employment with the same company. That evidence is the most important, particularly if it is his income being used to qualify as sponsor.

Yes, you are overthinking but a little underthinking too. Current income does not come from a tax return. Tax returns are "literally" about the past. The new I-134 is pretty cumbersome though. If one question has the words "including yourself" include yourself when answering that question. If another question says not counting yourself, then the answers to different questions will be different answer. Yes, you current income comes from the gross income before deductions on a pay stub, not a tax return or W2. They don't match because they are for different purposes.

True but getting one is like free climbing El Capitan.

Being denied a B1B2 visa is not a problem. Lying in the application process is very serious.

No need to concern yourself with the expiration of the approval. It will be automatically extended in four month increments until you fail to attend the interview or denied at interview.

You do not upload documents in a K1 visa case. That's for Immigrant visas. Follow the instructions from the Consulate.

Assuming your VA disability income is clearly sufficient, you simply state it and provide the latest award letter. No reason to expect a problem.

Again, the W2, is not relevant to the Affidavit of Support. Total income from a tax return, and pay stub for current income. Tax returns are about the past, not the present.

The W2 itself is not relevant to the affidavit of support, even if some of the numbers may be the same. I'm using the I-864 criteria, which is what the Consular Officer will consider. When asked about any number from a past tax return, it is the Total Income number unless you filed using the 1040EZ. In that case it is AGI. It is often true the Total Income and AGI are the same number but use the Total income number.

Those are good ideas, but this is attorney time, in my opinion. I don't have a specific recommendation but others might.

Well then, that's a completely different story. Holding a position and being currently employed seem to be different things. No, you cannot use W2s instead of a tax return. When will you be back to work and have pay stubs? It might be wise to wait until your facts match my advice.

Your current income is king here. In my opinion, no need for a joint sponsor. Your AGI is not the number shown on the I-134 though. While the number is often the same, you use the "total income" not AGI. For current income, state your current income of way over 100k. Calculate it using gross pay for a full pay period, times the number of pay periods in a whole year. Add those two figures together and that is your current income. Document it with the copies of the pay stubs you used to calculate it. Once you file to adjust status, you do the same. Perhaps you will have filed a new tax return by then. "Joint sponsor" takes about two seconds for me to type, but securing one, asking them to disclose the information, then complete and sign an I-134 is a much bigger deal. Even a bigger deal for the binding I-864. Expect success based on your actual current income.

And I question whether the politician's office gave the correct answer.

The logistical problem is complicated by her desire to be in a different country. She can request her passport back, and they can get it back from her when they are ready to issue, but she will need it to do any border crossings in the meantime. It might be a tough choice to make, but she either requests her passport back or waits where she is.

Note that sometimes a question is applicable and the answer is "none". For example if there's a place to list 4 children and you put NONE in the first available space, that's good enough. Move on to the next section.

The key is that from the first post in this topic, neither the spouse or child are any kind of "resident" in Canada. As such, they must interview for the visas in Guangzhou.

And that's the real answer. Misinterpretations and failed attempts at reading breed misleading advice.

Incorrect. It's country of Citizenship or country of legal residency. Best to read carefully before misinterpreting.

The philosophy that has worked for me for 20 years, is to make it as difficult as possible for the adjudicating officer to misunderstand or fail at their job, and to avoid the possibility of delay. What's in the FAM is not always what happens in practice.