USC living in Canada: Vermont or Consulate?

[trailmix 77]

Background:

US Citizen wife, lives in Canada half the year, but rest of the time she lives in USA.

Our small kids travel back/forth with my wife.

Her CDN PR application is still pending, in its final stages. She has CDN & US driving license, provincial health-care, bank accounts in both countries, etc...

She has paid taxes in both US and Canada so far. As such, we think she MAY just qualify for DCF & Local-USA filing.

I don't mind us proving domicile, but it just seems like if she applies from the USA with a USA address, then we don't have to go through this hassle...

But on the flip side, does it make things more convoluted for USCIS agents or Canadian agents, ultimately leading to a rejection of HER PR app in Canada and my app in USA? (yes, i know a veryyy WHAT IF type of qtn)

Is it proven that USCIS can ask a USC to give up her PR in Canada in order to prove domicile? I mean you are PERMITTED to have dual citizenship, so why ask to relinquish it?

sorry for all the questions!

I guess all of us posting on this forum are confused, hence, asking and sharing our concerns!

Thanks to all the replies so far!

Hi,

I would recommend you read this thread:

http://www.visajourney.com/forums/index.php?showtopic=164618

It's kind of long, but if you read the first part and skip to the last few pages you will see links to reviews and threads from people who have been approved and those that have been asked to submit further evidence of reestablishing domicile.

No, it is not proven that the CO can ask for a Canadian PR to give that up - but it has been requested by the CO in Montreal. I don't think it will have any bearing on her Canadian PR application.

I'm sure you should have no problem filing DCF if you want to. I thought maybe you were trying to avoid doing that to avoid the domicile issue - however if she is filing Canadian taxes and has to submit, at the very least, her IRS return from last year, they will know that anyway - plus they may ask.

Personally, I would go ahead and file DCF and just make sure you understand reestablishing domicile inside and out, make a strong case for it. I assume once you have your U.S. PR that you will all relocate there and there will not be the 6 months in Canada and 6 months in the U.S. thing going on anymore?

Edited March 6, 2010 by trailmix

[choles 0]

Trailmix,

Once (hopefull) we get my PR in USA, we'd likely stay put and just visit canada every now and then..

Now, since my wife files taxes in both countries, does that basically give her the right to apply for my PR @ local USA service center AS WELL as DCF in Canada? (ie, she has both options)?

And yes, it is true, if WE CAN, without causing other issues, avoid domicile by applying within the USA for my PR there, then we would LIKE TO and MAY do that.. only reason is cos we want the simplest/easiest path to acquire the PR (especially cos my wife's PR in CAN is pending still and we dont want to have to go thru extra hassle to prove domicile in USA while having a PR application in CAN pending, etc).... does that make sense?

thx..

[trailmix 77]

The tax filing is an aside, they don't base where you should file based on where you file taxes, so that isn't an issue.

You always have the option of mailing the petition in to the service center (the I-130), even if your wife lived in Canada full time, you would still have that option. Only the direct consular filing has criteria you have to meet and you seem to meet it.

The only reason I brought up the tax returns it that, as the sponsor, she will have to provide at least the last year of her U.S. return (when your petition is approved and you move to the next step of submitting sponsorship documents) - she will have foreign income on her U.S. return - they might question why that is - that's where I was going with the taxes.

I assume since she lives in the U.S. at least 6 months a year that you have a house there, utility bills etc etc. You will want to collect all that evidence.

Here is the thing - as others have mentioned, the domicile issue may well come up. It will absolutely come up if you file DCF - it may come up if you file with Vermont. Either way you are going to have to be prepared to prove domicile.

Edited March 6, 2010 by trailmix