US Citizen living abroad I-130 approved. AOS and domicile requirement

[addymaddy]

Hello Friends,
My wife is a US citizen sponsoring me (Canadian Citizen) for the Green card. Our I-130 has been approved and now the application is with NVC. I am afraid that the application might be rejected based on our current situation.

Our situation is that she has been living in Canada with me after our marriage since 2014. She is now a dual citizen (US and Canada). We have a son who is 4 years old. We were able to get his US citizenship.

She has not filled her taxes since 2015 as she didnt have any income in US. In 2017 she started working here in Canada. She has not voted for many years She still has her bank accounts and she is using it to pay off her education loan (never ending loan lol) .

My questions are:
1. To support I-864 (Affidavit of Support), what kind of documents should be used for proof. Should we need to show her intent to establish domicile in the US?
2. Should i start with filing her US taxes first? Is it even necessary?
3. Any sample Intend to Domicile letter?
4. How can we show the income earned in Canada? Should i convert my wife's current annual income to USD? Can we show my income and assets if her income is not sufficient? Or instead of my income, can we have her mom who is still in the US to become a joint sponsor?

Please provide me your advise on how to go ahead with the next steps of processing the application in NVC based on my current situation.

Thanks,
Addy

[miiki]

You can't file an AOS if you aren't already in the U.S. You should apply for the green card through the Canadian embassy or consulate for consular processing.

[newacct]

You can't file an AOS if you aren't already in the U.S. You should apply for the green card through the Canadian embassy or consulate for consular processing.

I think the OP means AOS = Affidavit of Support

[addymaddy]

You can't file an AOS if you aren't already in the U.S. You should apply for the green card through the Canadian embassy or consulate for consular processing.

Hi miiki , what I meant was 'Affidavit of Support'.

[verbose]

Based on https://www.uscis.gov/sites/default/...uides/A1en.pdf , I am guessing owing to the approved I-130, you traveling to the US as a visitor could now be problematic since you are intending immigrant. So I am assuming you have to follow the Consular Processing route here. Perhaps someone here will correct me on that point.

Re: domicile, effectively your wife has given it up (though bank accounts with US institutions and on time loan payments and credit history are positives) - what is needed is proof for the MAIN reason and concrete plan for her to move to the US.

Some things that could be justifiable reasons:

1. Does she work for a US company?
2. Does she/can she get a job offer from a US company?
3. Basically, is it possible to show that her main income source be mainly in the US when she establishes US domicile?
4. Are there family reasons (elderly/ill family member who needs her to be in the US)?
5. Time for your 4-year old to start school and your intention to give him/her a US education. You can include details of where you plan to live, correspondence with school admissions, etc.

Hope this helps.