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Citizen living as legal resident of Canada moving my family to the US

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  • Citizen living as legal resident of Canada moving my family to the US

    I hate to make a thread but I keep seeing all kinds of conflicting information

    I, my Canadian (Quebec) wife, and her son (13) are planning to move to the US as soon as we can manage it, partly because we just want to move, partly because my father died last year and we're wanting to help get my mother situated. We have been married for 4 years and I have been a legal resident of Canada for since 2015. There's so much conflicting information out there. For a time it looked like direct consular filing would be an option but apparently it's not since there's a notice at the bottom of the DCF page saying it doesn't work for canada.

    From what I can see on the US government website and various other sources, it appears that we can enter through legal means, then file the I-130 and I-485. However this may create a chicken-and-egg situation because I'm not able to have a US job until AFTER we go. Also I obviously won't have any US income taxes as proof of my ability to sponsor them. I assume pay stubs or other evidence would suffice.

    And would this situation make a K3/K4, non-immigrant visa a preferable addition to the process? Also, if we went this route (filing for a non-immigrant visa), can we file just the I-130 and non-immigrant visa first. And how long does one generally have to file the i-485 after (Or is it all at once)? While doable, if I had to pay all of those fees, I'd really prefer to file the much more expensive i-485 after the other processing was finished so we'd have more financial flexibility over the waiting period.


    Any advice would be appreciated, especially from people that had/have similar conditions. We're just trying to figure out how this is going to work, how long we would (likely) have to wait given our circumstances, what order/timing we need to have on filing the forms, etc.

  • #2
    Originally posted by lloydburt View Post
    From what I can see on the US government website and various other sources, it appears that we can enter through legal means, then file the I-130 and I-485. However this may create a chicken-and-egg situation because I'm not able to have a US job until AFTER we go. Also I obviously won't have any US income taxes as proof of my ability to sponsor them. I assume pay stubs or other evidence would suffice.
    First, note that they will be denied entry as visitors if the officer suspects they will file I-485 while there.

    Concerning the I-864 Affidavit of Support, this is something you will have to do no matter if they do Adjustment of Status or Consular Processing. Not having any income is not a problem by itself; if your household income is insufficient, you can find a joint sponsor whose household income is enough who will also fill out an Affidavit of Support.

    US citizens are subject to US taxes on their worldwide income no matter where they live. The only legitimate reason to not need to file US tax returns (and this is the same for people living in the US or abroad) is that your income that year is below a certain threshold. The threshold can be found in the relevant year's Form 1040 instructions in a section near the beginning called "Do You Have to File?". If you didn't file and you were not required to file because your (worldwide) income was below the threshold for those years, then per the I-864 instructions, you put "N/A" in the lines in Part 6 #19 that asks for your "total income" line from those years, you check Part 6 #20, and you attach a statement stating that you were not required to file citing your income that year and the threshold. It's only if you were required to file but didn't file that's a problem; in that case, you must go back and file before filing I-864.

    Originally posted by lloydburt View Post
    And would this situation make a K3/K4, non-immigrant visa a preferable addition to the process? Also, if we went this route (filing for a non-immigrant visa), can we file just the I-130 and non-immigrant visa first. And how long does one generally have to file the i-485 after (Or is it all at once)? While doable, if I had to pay all of those fees, I'd really prefer to file the much more expensive i-485 after the other processing was finished so we'd have more financial flexibility over the waiting period.
    K3/K4 is obsolete. You will almost certainly directly get an immigrant visa even if you tried to get a K3/K4.

    This is my personal opinion and is not to be construed as legal advice.

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