Amercn_At_Heart
New Member
First time poster here. I've searched the forum, but I haven't seen this question addressed yet. (Please forgive me if it has).
My wife is a US Citizen through birth. Her family moved to Canada 15 years ago, and she has since become a Canadian citizen, but still holds a US Passport. I am Canadian by birth.
We married 4 years ago, and are both employed in Canada with adequate incomes. Her family has since moved back to the US, and we are thinking of making a similar move.
Through my research, we can file an I-130 here in Toronto at the US Consulate. As my spouse is the sponsor, an immigrant visa number will be made available immediately. I can concurrently file the I-485.
My dilemna is this: The I-130 (revised 10/26/05) specifically states "If you are a US citizen residing in Canada and you are petitioning for your spouse... you may file the petition at the nearest American Embassy or Consulate". OK, no problem there. BUT the Affidavit of Support (required with the I-485) is strongly worded towards sponsors domiciled in the US, and requires submission of previous US tax returns. My wife can show Canadian income, but not American. What we can show is that we intend to settle in the US afterwards by renting an apartment or a downpayment on a house. It is also very likely my employer will continue my employment after such a move (the company I work for is actually headquartered in the US). Has anyone had a similar experience? Is this actually a big hurdle, or am I worried for nothing? Thanks.
My wife is a US Citizen through birth. Her family moved to Canada 15 years ago, and she has since become a Canadian citizen, but still holds a US Passport. I am Canadian by birth.
We married 4 years ago, and are both employed in Canada with adequate incomes. Her family has since moved back to the US, and we are thinking of making a similar move.
Through my research, we can file an I-130 here in Toronto at the US Consulate. As my spouse is the sponsor, an immigrant visa number will be made available immediately. I can concurrently file the I-485.
My dilemna is this: The I-130 (revised 10/26/05) specifically states "If you are a US citizen residing in Canada and you are petitioning for your spouse... you may file the petition at the nearest American Embassy or Consulate". OK, no problem there. BUT the Affidavit of Support (required with the I-485) is strongly worded towards sponsors domiciled in the US, and requires submission of previous US tax returns. My wife can show Canadian income, but not American. What we can show is that we intend to settle in the US afterwards by renting an apartment or a downpayment on a house. It is also very likely my employer will continue my employment after such a move (the company I work for is actually headquartered in the US). Has anyone had a similar experience? Is this actually a big hurdle, or am I worried for nothing? Thanks.
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