I 'm an American married to a Canadian husband. We were married in the US 16 years ago. We lived and worked in the US for 9 years before moving to Canada 5 years ago. He has worked for the same US firm in the US and now in Canada (He does telephone support for a software firm and works out of our home so he can be with me and our children). How can he return to the US to live and work (same job) with me and our 5 kids?
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david ingram replies:
The US company could apply for an H1-B for him but there were 130,000 applications last year and only 85,000 issued so that might not happen. Even MICROSOFT has given up and is opening a Lower Mainland Branch with 200 employees becasue they have become frustrated with their ability to get foreign workers into the USA.
The smartest method would be for you to apply for a green card for him and make sure that all your children have their US passports.
You would sponsor him for the green card and that would give him many more rights than an H1 visa.
You can find all of the forms at: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
Start off with form I-130 Petition for an Alien relative
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
At some point you will need G-325 For his Biographic Information http://www.uscis.gov/files/form/g-325.pdf
You will need an I-134 - Affidavitt of Support
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe3647a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
Another Affidavitt of support - If you do not work, you will need a relative to co-sponsor or use other household income and assets
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b70f8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
contract between yourself and household member
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0c7e8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
You will want to read this for the poverty guidelines
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73c63591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
Hope this helps.
Now if Ihad a $1,000 for eveyone like yourselves where you came back to Canda without the spouse taking out US citizenship and now they have to go through hell to get back, I would be rich.
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Now, if he still happens to have a green card, my answer would be different.
In any case, if you have been working in Canad or have signingauthority over accounts with a total of $10,000 or have an RRSP in your name, you should have been filing US Tax returns and forms 8891 and TDF 90-22.1 each year. If your husband has had a green card all this time, he should have been filing as well and thgat could be his salvation if he catches up. If he catches up, his green card is likely still valid.
These older questions are valid. Note that if you have not filed forms TDF 90-22.1, the new penalty is $10,000 per year as a minimum but penalties are not being issued for people who come forward voluntarily. You should file back six years to avoid penalty.
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CEN-TA Cross Border Services - Tax, Visas, Immigration
http://www.centa.com/article.php/20070716234241823