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Question #18 on the I-130 Petition for Alien relative states, "Address where your relative intends to live?"

Buffalo, NY |

I am a US citizen living in Canada with PR status for the last 6 years. I would like to immigrate my wife to the US. I plan on filing this I-130 petition from Canada, and remain living in Canada throughout the duration of this process with my Canadian wife. What would be an acceptable answer to Question 18 given this situation?

Attorney Answers 3


No! Your I-130 petition will be rejected if you don't show a permanent US address for yourself and file the petition from within the US.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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While you can remain in Canada for most of the process, there will come a time that you will need to show that you are either domiciled in the U.S. or that you are domiciled in the U.S. This is a requirement for filing the I-864 which you will have to file as part of this process. The question is where you spouse intends to live.

I am providing this general advice based on the information given and my understanding of that information. This is general advice . This advice is not intended to give a legal opinion. This advice is not intended to create an attorney-client relationship. I strongly advise you and your husband to contact a lawyer about the specific facts of your situation.

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You tell us. One of the requirements for you having her immigrate is to establish to the satisfaction of the consulate official that you have the place to relocate in the USA and will relocate as soon as the immigrant visa is issued to the spouse.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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