Proving domicile when not living in the U.S.

[housewife 1]

I honestly can't say if you will have a problem leaving and coming back.

When we moved, we moved all our personal effects at the time we left with a moving company and we put our condo on the market. It sold a few months later and we didn't have to go back. We gave the Realtor limited power of attorney just for the sale. We did keep one account open so that the money could be deposited in Canada and we had an accountant do the paperwork for the "no tax".

You should consult with an accountant about the documents so that you don't have to pay tax on the home you sell.

Other than that I can't say. The US gov't gives you six months from when they approve you to tie up your affairs, and get your affairs in order so I don't know how they will view it if you go back for such a big length immediately after.

I don't think anyone can really tell you that answer other than the US gov't. I do know that you should check with your accountant regarding taxes for sale of your home (canadian taxes) once you are no longer a resident.

We didn't have to pay taxes although the attorneys had to withhold some monies till the canadian gov't signed off on it all but it got done.

I can't tell you how they will view the intent. I had a lease for our apartment actually in both our names, signed 2 - 3 months in advance of our interview, a US bank accounts, utilities open in my name, with bills showing I paid them renters insuance on the apartment that was reaquired and paid for for the year paid in full. That was enough for us, to prove my intent.

[housewife 1]

one more thing about your car. You need to do paperwork. You can't just bring in the car and register it. There is stuff you should get before leaving canada. I don't remember all that it was as we decided to sell our cars in Canada and buy new ones when we got here as it was very complicated from what I remember. Had to call car company etc etc.

Please check into that.

[Flames9_RN 358]

one more thing about your car. You need to do paperwork. You can't just bring in the car and register it. There is stuff you should get before leaving canada. I don't remember all that it was as we decided to sell our cars in Canada and buy new ones when we got here as it was very complicated from what I remember. Had to call car company etc etc.

Please check into that.

With a cr-1 or IR-1 you can enter the USA and then go back to Canada! Month is not a big deal. If it were to be an extended amt of time (not sure if its 6 months or a yr) then their is a form 1 would fill out

[jazzly 3]

Thanks both. This is what I thought that it should not be a problem going back to Canada. Its when coming back where I will have to explain for what reason I was out of country.

Should I wait in US until I receive my GC? The reason I am asking is that I might get a good offer on house and return immidietly to Canada to cut the deal. Can someone else bring GC to me in Canada or its not legit? Because I think, once I am 'landed' in US on CR/IR then I will always have to have GC with me when re entering US, since my Canadian PP has US visa stamp on it. Am I right?

HouseWife, I read about car, since I am not getting a good return on my V6 car in Canada (due to fuel prices) the car is in high demand in US. So I will get a lien report from bank, that its fully paid. An abstract from Ontario Services that details everything about the car. Also a letter or proof of sale from dealer who sold me that car.

That brings more questions, that I wanted to ask later to the ppl who recently moved to US on immigration.

When entering US for the first time on CR/IR visa, do I have list everything that I am bringing with me and the belongings that will follow me in a month time when I actually move my stuff to US. That includes everythign, from furniture to household items etc.

Second question is how to transfer money after selling house. Should I wire the money to my newly opened US account of that time? How much it costs for 100K for instance. Is there a limit?

HouseWife, if you know any expert accountant that deal with non-resident and save taxes on house sale, and letter be my accountant to file tax return in Canada to prevent dual tax on my US income, please PM me. I would really appreciate it. I rather go with recommendation than what Google tells me. I have been bitten on this domicile matter with an immigration lawyer who told me to not to worry about my wife's presence in Canada and that it will not affect AOS or my interview. Thanks.

Edited March 12, 2012 by jazzly

[housewife 1]

Hi,

First, for the car, you need something from the manufacturer about emissions along with the rest please check.

I am confused why you need to go back to do the deal on your home. We never went back to finialize the sale. It was done in Canada for us by the Real Estate Agent. You don't have to go back if you don't want to.

I suggest you move all your stuff when you move. The moving company I hired did all the paper work listed what needed to be listed, and it went down when we went down. I'm a bit confused as to why you will not move all your stuff when you cross over for "moving".??

In the end what you do will be up to you and the choices you make. I'm not a lawyer, I just know how we did it and how it worked for us.

I don't know if you can or want to do it but this is how we moved.

I hired a moving company. They came and packed for us and did all the labeling, filing of paperwork. They will need a copy of your wife's US passport. They took a copy of mine that's why I say this. They submitted all the paperwork. They came and loaded the moving truck. We told them to not bring it for two days afterwards, which we paid extra for and we paid extra for extra insurance with them. We drove down and we stayed in a hotel and then the next day the moving truck came and unloaded all our stuff. No problems.

We never went back to Canada and frankly we probably never will.

Yes, I would advise having your GC with you when going and you may have to explain why you went back for

month. A few days to sell a home, but while your wife has to show intent to move back to the USA when you move, you need to prove you are making the USA your permanent home.

We kept one bank account (checking) open as the mortgage had to get paid and condo fees till it was sold. When it was sold the paper work went to our accountant from the lawyers and the real estate agent we hired. He did the paperwork. We didn't get the money right away, I think it wa about 8 or 10 weeks but can't remember, as he had to get the clearance from the gov't of canada tax place.

Then the money went into that canadian account. The rest will be up to you and your bank and will depend on who you deal with as to the best way to transfer the money. There is no limit on how much money you can wire transfer. The cost will depend on your bank and the amount you wire transfer.

I will PM you the accountanting firm although I was not in Ontario, but this firm does have an office in Ontario and you should be fine but I'll e-mail you the account we used a he will put you in touch with who you should use in Ontario. He did all of ours and he is doing my husband's canadian taxes for last year that he still has to file.

I'm not sure how to PM though so I'll give it a try.

good luck.

[jazzly 3]

Just got the words from my auto insurance in Canada. She can have her Mi DL and insured in MI. When she visits me, she will be covered. She doesn't need to be insured in Ontario.

[housewife 1]

that's what I thought but I didn't wanted you to hear it from the insurance company. that's why I said call your insurance company.

[jazzly 3]

Thanks for the help thus far.

[housewife 1]

no probs pm me if you need more help info as I don't check here often.

[jazzly 3]

We got the first step done. That is CRBA for our daughter. We will receive the official CRBA in three weeks. Other steps I have alligned are as follows.

I have got an online estimate from Upack.com for moving. Don't know if its worth sending to MTL.

a)My wife's Michigan DL

b)Wife added to her parent's car insurance policy.

c)Lease letter signed by her parents for $0/no-cost (or should there be a rent even if its parent's house?)

d)Register daughter in preschool in MI (already got paper work done and conditions met).

e)Wire 5K+ USD from my account to my wife's US bank account

Don't know if the above will be enough to convince Montreal CO.

Other steps that I am thinking but not sure if required. I need your input for points below.

a)She applies for job in her previous job, which owner is willing to offer her as she has good terms with them.

b)I put my house on sale (I am reluctant to do that just now, because I want to move to US in June, so don't want to put my house on MLS too soon).

c)Get my Mother in Law's doctor letter stating her health problems and that my wife moving in her house will be a great domestic help for her. Actually this is one of the primary reasons we are moving to States.

d)Get manufacturer's compliance letter for my car, so I can import it in US with me. Costs $200, but eventually I will have to in either case.

Also a question is, how much time I should give before resubmitting my passport with all of the above supporting evidences. Are photocopies of DL and Insurance will be enough or it has to be original?

IR1 rejection in first week of March.

Wife moving on March 25th.

Will collect the required docs and proofs by first week of April.

I submit PP and docs by April 10th.

Is it too early or OK to submit at that time or should I wait for a month.

How long MTL CO will take before returning my PP? Approx? 2 weeks or 4 weeks ? That is review/decision/return.

I have to attend a wedding in MI on April 22. Should I wait and travel on blank PP, attend wedding and return next day to Canada and then submit. Or now I can't travel to US because of pending status on my CR/IR1?

Edited March 15, 2012 by jazzly

[housewife 1]

Hi there,

Oh my a lot of questios. Again not a lawyer but here it goes,

I dont' know about the 0 rent but I would think a lease is ok. I mean it's her parents. I think a letter saying she is moving back to take care of her mom plus the job offer, is a good thing, I'd get the job offer, can't hurt IMO.

You will need the car thing so I'd get it.

For documents I'd submit a notarized copy of the original. To th best of my memory they didn't take just a copy, but then again, I had the original lease and original bills for my utilities which was enough for them. I did't have a US drivers license yet but then again I had the other stuff so it was enough.

I' confused with all your abrivations for some of your questions.

For the house on the market, I'd do it, I'm a Realtor, so this I can tell you that you can put on MLS through the Realtor that the home is sold on conditons and tell her your conditions that it's not available till June (date).

You need passport. You only submit passport at the end when they approve you at final interview and we had my husband's back in two days. There is something you have to do to track it. We had to go on line and pick the DHL location for our area, and then they sent us a note when it was there and only DH could go with proper ID to get his pasport and in that was the visa and with that was a packet that he had to keep sealed till he moved.

I didn't submit a moving estimate, but everyone here said that it was a good thing to do so I suggest submitting it, again it can't hurt.

PM me

[jazzly 3]

Again, is sending the proof of domicile within a month time is too soon? Or should my wife stay in US for couple of month to be complaint with MTL's requirement?

I don't want to provide too little or too much proof and wrong timings as well. Can't afford to jinx it as I have job offers that I don't want to touch until I have GC/SSN. I am not a risk taker.

[jazzly 3]

A thing that I noticed in my temporary refusal letter is that uptil the interview the NVC was refering my case as CR1, but on the letter it is IR1. I believe its because I have been married with kids for last 5 years, so the conditional relative status gets removed any ways? Do I still to file for AOS before two years is over after entering in US, or it does not apply if its IR1?

[housewife 1]

I'm confused. I appologize. I don't know if the rules changed from last year We went through interview in January of last year.

AOS = affidavit of support to the best of my knowledge. I lived in canada for over 20 years and never worked in all that time in the US or Canada and all we had to show was XXX amount of money in a US bank account plus our canadian assets and we qualified. I did file my US tax returns but it was not becuase I earned any income so I am confused. Granted I was one of the very lucky ones re the support/assets.

I don't know how long you have to be married to have no conditions meaning the conditions get removed after 2 years. I don't think that is called AOS. We obviously were married for so long that it was not an issue and we had all the proof to show that we live together.

So yo had your interview and they just want the supporting docs as you say. So you have to DHL them. Ok, that I understand. I can't say how long it will take.

Did you do the rcmp police clearance and did they take your fingerprints?? Did you do the medical??? This i all needed before the green card is issued.

Did you go to Montreal already???

[jazzly 3]

Police certificate/Med/Interview in MTL all done. MTL refused visa temporarily for two reasons. They want my Father in Law to submit AOS (affidavit of support) I864, not the joint sponsor I864A that we submitted. Because the I864 that my wife submitted as petitioner has no value since she doesn't have domicile in US and nor she has any assets there.

MTL didn't give much weight on my assets, income and house ownership. They wanted the right form submitted as I explained above (just a formality). Second thing is they want me to either accept a job and that would be enough to show our intent to move permenantly to US. Or my wife to take some actions to establish her domicile in US, that will also be considered our intent.

The AOS term is also applied to (Adjustment of Status) for some reason. This is something a married couple has to do before completion of two years after entering the US on a CR (conditional relative) visa, that the marriage is still intact etc etc. The condition gets removed. However I have heard that if the two years of marriage have passed before the Visa is issued, the CR becomes IR (immediate relative status) if the officer is satisfied with the marriage status (like in your or my case) where you lived together and had children etc etc. I just need confirmation from someone who has seen same change of visa type before gettign visa.

Edited March 16, 2012 by jazzly