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immigrating with petitioner - both living in canada

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  • immigrating with petitioner - both living in canada

    Hi all,
    I am Canadian, my wife (3+ years) is American. We live together in Canada with a baby (<1 year). We'd like to buy a house just south of the border, and move in ASAP. What is our best course of action?

    Can my wife file an I-130 for me even though we don't live in the US yet? I believe she can, but how does it all work further on in the process? Is there a best time to do the filing? Should we wait till we buy the house? I'd like to get started as soon as possible. Will there be a problem if we want to visit the house while my I-130 is being processed?

    Also, she does not have enough income to support me. This is no actual problem, as I have a job in Canada that I plan on continuing and commuting to from south of the border. It is, however, a problem for Immigration. Can my wife be my sponsor even though she doesn't live in the US yet? We should be able to get one of her parents to be "joint sponsor" - am I mistaken?

    thanks!

  • #2
    Read https://www.immihelp.com/country-of-...it-of-support/
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      Thank you for the link.
      I see it says "It is not necessary for the sponsor to precede the sponsored family to the U.S. to re-establish residence and domicile provided the sponsor has taken the kind of concrete steps [to establish domicile] outlined above."

      What is unclear to me is when this has to happen. Can my wife file an I-130 for me and our baby today, in Canada, and then when we take possession of our home, she gets her social security number, permanent address, etc etc, she send in proof of domicile? Or does that all happen with the I-130?

      Also, will I get into trouble with border security if I cross the border after the I-130 has been filed, not to move but just to work on the place?

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