Can my US Citizen Kid turning 21 apply for parents Greencard?

[hahahamush]

Hi Friends,

I wanted to share my current situation.

My wife, daughter, and I live in canadian border city(Windsor) Ontario, Canada. My wife and I are Indian-born Canadian citizens, while our daughter is a U.S. citizen who will be turning 21 next month. She is currently in her final year at a university in Canada.
In a nutshell, we all currently live in Canada.

I have a few questions:

1) Can our U.S. citizen daughter apply for her parents' green card while living in Canada, or does she need to move to the U.S. first after turning 21 to apply?
2) Does she need to have any income to submit the application for her parents?
   If she moves to the U.S. and doesn’t have a job, and I(Father) find employment in the U.S. on a TN visa, Would my salary allow her to apply for her parents green card to meet the income requirement since I would be working in the U.S.?
I hope my questions are clear!

I would really appreciate your feedback.

Have a great day!
 

[newacct]

1. She can petition you (i.e. file the I-130 petitions) from anywhere. But at a later stage, to complete the I-864 Affidavit of Support, she will need to be domiciled in the US, or plan to re-establish domicile in the US no later than when you guys immigrate.

2. Not for the I-130 petition. But for the I-864 Affidavit of Support at a later stage, she will need to have current household income reaching 125% of the poverty level. The intending immigrant's income can be counted as part of her household income if the intending immigrant will be living in the same residence as her, and their income will continue after immigrating. So that may work for you, but not the mother. For the I-864 for the mother, I am not sure whether you can act as a "household member" to add your income to your daughter's household income.

[hahahamush]

Thanks NewAcct from your prompt message. Really appreciate it. Sorry.I just saw your reply!!

Also, I worked in the US fulltime from 2001 till Jan 2024(Sorry, I didn't mention this on my original post) I also read in some other forum, the I and my wife can instead apply for i-864W since I have about 40 quarters of SSA contribution. (note: my wife has never worked in the states). Can you please validate that if that it is true if you can?

Also, in the event of I-864W is allowed in my case, does my daughter have to move to the US immediately when the green card is processed?

Thanks again!!

[newacct]

Yes, if you can be credit with 40 Social Security credits, you can file I-864W and your daughter does not need to submit an I-864 (because her I-864 obligations would terminate immediately anyway, since one of the conditions for the obligations ending is the beneficiary earning 40 Social Security credits). Your wife can count your credits earned during the period of marriage on her I-864W, so if that reaches 40 credits, then your daughter does not need to submit an I-864 for her either.

I am not sure whether in the case of your daughter not needing to file I-864 whether that means she does not need to be domiciled in the US.

[hahahamush]

Thanks newacct from you crisp and upto the point reply!! Really appreciate it!!