Returning to the US

[DJsGirl]

I married a US citizen in 2008, he was granted permanent residency in Canada Nov 2009 and has been working since then. We would like to move back to the US, I'm a canadian. I've been told if moves back he will lose his permanent status and I won't be able to move there without a job.Can someone offer me some advice or steps to take to make our move to the US.

 

[PMM]

Hi

I married a US citizen in 2008, he was granted permanent residency in Canada Nov 2009 and has been working since then. We would like to move back to the US, I'm a canadian. I've been told if moves back he will lose his permanent status and I won't be able to move there without a job.Can someone offer me some advice or steps to take to make our move to the US.

1. As you are a Canadian citizen, and you accompany back to the US, he won't lose his PR status as he is "accompanying a Canadian citizen abroad"
2. You will need a visa from the US to enter the US permanently.

 

[DJsGirl]

What type of Visa do I need I getting so many conflicting stories from US Immigration

 

[can_usa_97]

Entering as a spouse of a citizen, Form I-130, Petition for Alien Relative.

My husband & I went thru this back in 98 and again in 2001 when our file had been sent to another office and no one told us, so we changed our address with the office we'd filed with and they requested our interview - but we never went (didn't know!) and so our application was considered abandoned and we had to reapply everything.

Do note, at that time, that the US has a requirement for sponsorship though, unlike in Canada where if it's spouse/children there is none. We ended up needing a co-sign sponsor with our first application and with our second my husband had the income to sponsor himself.

We are now in the process of filing to move back to Canada and from everything we understand he WILL lose his PR status here in the US.

 

[DJsGirl]

Thanks for the info...but we have another hurdle to face,the US goverment wants proof of income from my husband, as he doesn't live there anymore it's really hard to produce, we are moving back without a job and would be living with his father until such time we find employment and a house.
The visa application for the US clearly states he needs an income.

 

[tgchi13]

I don't have much advice to offer except perhaps ask your father-in-law to discuss this with his senator. My husband is on the phone with his right this moment.

 

[can_usa_97]

Could his father co-sponsor? That's what we did... as I said. I was only 16 at the time, so I obviously didn't make enough money, even having a job to cover the amount. I realize my situation is from years ago - but I can't imagine they took away that portion of it. So even if he could get a job - any job - and get a co-signer.

 

[DJsGirl]

Thanks All for the info

 

[YorkFactory]

Thanks for the info...but we have another hurdle to face,the US goverment wants proof of income from my husband, as he doesn't live there anymore it's really hard to produce, we are moving back without a job and would be living with his father until such time we find employment and a house.
The visa application for the US clearly states he needs an income.

Can't he just submit his U.S. tax returns from previous years?

 

[tgchi13]

The US procedure is much different than the Canadian. The sponsor needs to be able to show the ability to support his family:
http://aspe.hhs.gov/poverty/09poverty.shtml

I haven't seen the 2010 guideline. The guideline has been extended until at least May 31 2010: http://aspe.hhs.gov/poverty/09extension.shtml

 

[DJsGirl]

That would prove impossible to show that he can support his family, I meet him while he was attending University and wasn't working. Now if we return to the US he will continue his education and hopefully I can be the main support. He has been working here in Canada since he became a permanent resident.

 

[YorkFactory]

That would prove impossible to show that he can support his family, I meet him while he was attending University and wasn't working. Now if we return to the US he will continue his education and hopefully I can be the main support. He has been working here in Canada since he became a permanent resident.

If he's been working in Canada, then his income (in U.S. dollars) will be reflected on his U.S. tax return, even if he doesn't owe any U.S. tax because of U.S.–Canada tax treaties.

 

[tgchi13]

That would prove impossible to show that he can support his family, I meet him while he was attending University and wasn't working. Now if we return to the US he will continue his education and hopefully I can be the main support. He has been working here in Canada since he became a permanent resident.

But the same information would apply if your father-in-law co-sponsors.