Proving domicile when not living in the U.S.

[Sunny4567 0]

I am not an expert, but I don't think the different addresses are a problem. You are moving to a new place.

The important thing is that you have an actual street address. Find your voter registration card. If you are moving

to California it would be worth a trip to go there and get all of this taken care of. As I have said before you need

to take serious concrete steps to bring all the proof of concrete US ties. The most important things will be the job

and the housing but anything else such as driver's license and voter's registration are very good.

I don't know about the joint sponsor issue. You need to have enough income to support your husband.

Those guidelines are met when you are doing the AOS. If you have a good job lined up in CA I would think

you wouldn't need a joint sponsor.

You can do a search on this site for Joint Sponsor and get more info.

What is a joint sponsor?

They sure don't make this easy on us. Wow!

I currently have an American address (my aunt's house) that I have used to file my taxes while I have been in Canada. This address is a Maryland address. However, my husband and I plan on moving to California, so our employment and lease will show California address'. Do you think that this might rise concern? I'm sure I could also find my registered voter card from Maryland somewhere. I am not registered in California. Also, when I switched over my car to be registered in Nova Scotia, they made me give up my Maryland drivers license so now I don't have that either.

Thanks for all the help.

[Jeremy&Kathy 4]

We both have been looking for jobs however, employers seem unimpressed when we tell them that we have NO IDEA when we could be available to start. So they always say, get back to us with a start date in mind. So how do I get a job offer, to prove domicile, if I dont have an interview date or any idea of when we'll be moving down?

Hi pinguino,

I am in exactly the same boat as you. In this post from 2 weeks ago I presented a similar question. I didn't really get a specific answer to this issue of "how to get a job offer months in advance". Moving down there ahead of my wife is NOT my first choice, and I suspect it's not yours either.

I did read through this entire thread and also some of the reviews that trailmix provided links for. Nobody seemed to have any major problem at the time that they mail in the I-864 to the NVC. Some people do get RFE for more domicile evidence, however. So, I was planning to attach a statement to my I-864 that explains my intention to work out a start date for a job offer as soon as my Visa interview date is known. I was hoping that this would be enough to pass through the "screening" step at the NVC and get my visa interview date. Then I would proceed to contact the prospective employer within 6 weeks of the interview date, and attempt to get a job offer that starts shortly after the interview date. I would have this offer letter at the Visa interview to show to the interviewer in person.

That was the best plan that I could think of. But things got better for me this week... on Monday I had a job interview with an employer that is willing to wait 3-4 months for me, and has told me they are preparing a job offer letter that has a flexible start date. I explained the immigration situation and the company was very understanding about this, and they even offered their attorney's time to give me a consultation. I am feeling quite lucky right now to have found an employer with this kind of flexibility!

If for some reason that falls through, I'll go back to my original plan of submitting the I-864 with a statement attached, explaining the situation.

Jeremy

[trailmix 77]

What is a joint sponsor?

They sure don't make this easy on us. Wow!

I currently have an American address (my aunt's house) that I have used to file my taxes while I have been in Canada. This address is a Maryland address. However, my husband and I plan on moving to California, so our employment and lease will show California address'. Do you think that this might rise concern? I'm sure I could also find my registered voter card from Maryland somewhere. I am not registered in California. Also, when I switched over my car to be registered in Nova Scotia, they made me give up my Maryland drivers license so now I don't have that either.

Thanks for all the help.

Hi Pinguino,

A joint sponsor will be needed if you have no U.S. income, or not enough in assets.

Canadian income cannot be used for the I-864, affidavit of support - unless that income will continue from the same source after you move to the U.S.. A joint sponsor can be any U.S. citizen, they will also need to fill out an I-864 (as well as youself) and provide all of the documentation that goes with that.

More information on this can be found in the I-864 instructions.

The Maryland address vs the California address shouldn't have any bearing at all, also the fact that you don't have a DL. That is the kind of proof you would be looking for (the DL) if you were only in Canada temporarily. You are not therefore you need to look at reestablishing domicile - that means proving to them that you are actually moving - not that you never left or are only in Canada temporarily.

Getting a brand new DL - now that would be some proof of reestablishing domicile.

As for getting a job offer, while that does help in proving reestablishing - it cannot be used for the affidavit of support - a job offer is not valid for that.

Edited April 8, 2010 by trailmix

[Jeremy&Kathy 4]

Canadian income cannot be used for the I-864, affidavit of support - unless that income will continue from the same source after you move to the U.S.. A joint sponsor can be any U.S. citizen, they will also need to fill out an I-864 (as well as youself) and provide all of the documentation that goes with that.

...

As for getting a job offer, while that does help in proving reestablishing - it cannot be used for the affidavit of support - a job offer is not valid for that.

This was a concern for me too. If I have proof of current employment in Canada AND an accepted job offer letter in the US that states the salary, will these be sufficient for meeting the income requirement? From what you are saying, it sounds like this is not good enough to meet the income requirement. Do you think that in this situation it's a good idea to ALSO submit proof of assets to meet the 5x-poverty-level asset requirements, just in case they don't accept the new US job for meeting the income requirements?

Jeremy

[trailmix 77]

Well, if you read the instructions and the adjudicator's field manual it never actually specifically states that the Primary Sponsor can't use foreign income.

I have only ever seen one approval based on a job offer/foreign employment - you can read the post discussing it here:

http://www.visajourney.com/forums/topic/224630-visa-approved-today-whew-because-it-almost-didnt-happen/page__view__findpost__p__3432078

They revamped the website here a couple of weeks ago - so replies are not separate from the original post in the older threads - tad annoying - but my response to the OP, in the post I linked, starts with "This is interesting, I have actually been thinking about this for a few weeks"

There is one CO in Montreal that - 98% of the time, is the guy who interviews all applicants where proving reestablishing domicile is concerned. I cannot remember if Simstar got that CO, if memory serves me, she didn't - so that may be something to consider.

That said, it does specifically state in the adjudicator's field manual that the sponsor must prove their income by submitting the 1040 and slips - with regard to foreign income it states:

"State or foreign income tax returns are not acceptable; if submitted, they must be returned to the intending immigrant"

So therefore one could conclude it would not be accepted as income. A job offer cannot be accepted as proof of income either, I can't seem to find the reference to that right now.

You can use Assets instead of income/joint sponsor absolutely. For the two of you that would be 3 times 125% of the poverty guidelines (the 5 times is only if you are sponsoring someone other than your spouse).

Edited April 9, 2010 by trailmix

[Jeremy&Kathy 4]

That said, it does specifically state in the adjudicator's field manual that the sponsor must prove their income by submitting the 1040 and slips - with regard to foreign income it states:

"State or foreign income tax returns are not acceptable; if submitted, they must be returned to the intending immigrant"

Hmmm... It doesn't say that foreign income is not acceptable; it says that foreign income tax returns are not acceptable. Like Simistar, I have US tax returns that were filed for the past 3 tax years. All of my income on those returns was foreign income (excluded with form 2555 in my return).

Since this is confusing I think I will err on the side of caution and send in proof of assets as well.

Jeremy

[trailmix 77]

I found the reference to the job offer - which cannot be counted, so thought I would post that (but again, it's great evidence toward reestablishing domicile)!:

Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support?

No. The law does not allow for consideration of offers of employment in place of the I-864. A job offer may not be counted in reaching the 125 percent minimum income.

A job offer can be taken into consideration in determining the ability of the applicant to overcome ineligibility on public charge grounds, but it does not meet any requirement for presenting an I-864.

Even though it is speaking to the applicant I think we can assume that it applies to anyone concerned with the I-864. Since you have a job now, assets and a firm job offer, I think from the financial aspect of the I-864 you should have no problem at all.

Edited April 9, 2010 by trailmix

[pinguino_41 0]

Well, if you read the instructions and the adjudicator's field manual it never actually specifically states that the Primary Sponsor can't use foreign income.

I have only ever seen one approval based on a job offer/foreign employment - you can read the post discussing it here:

http://www.visajourney.com/forums/topic/224630-visa-approved-today-whew-because-it-almost-didnt-happen/page__view__findpost__p__3432078

They revamped the website here a couple of weeks ago - so replies are not separate from the original post in the older threads - tad annoying - but my response to the OP, in the post I linked, starts with "This is interesting, I have actually been thinking about this for a few weeks"

There is one CO in Montreal that - 98% of the time, is the guy who interviews all applicants where proving reestablishing domicile is concerned. I cannot remember if Simstar got that CO, if memory serves me, she didn't - so that may be something to consider.

That said, it does specifically state in the adjudicator's field manual that the sponsor must prove their income by submitting the 1040 and slips - with regard to foreign income it states:

"State or foreign income tax returns are not acceptable; if submitted, they must be returned to the intending immigrant"

So therefore one could conclude it would not be accepted as income. A job offer cannot be accepted as proof of income either, I can't seem to find the reference to that right now.

You can use Assets instead of income/joint sponsor absolutely. For the two of you that would be 3 times 125% of the poverty guidelines (the 5 times is only if you are sponsoring someone other than your spouse).

********

What does the statement above mean "For the two of you that would be 3 times 125%..." In the I-864p it states a household of 2 needs $18, 212 which is 125% above the poverty guideline. Why is it that the above statement mentioned 3 times that? My husband who is the immigrant will be continuing at his current Canadian employment and working remotely once we move, we want to make sure his salary still qualifies us for the necessary AOS.

[Lenie7 0]

********

What does the statement above mean "For the two of you that would be 3 times 125%..." In the I-864p it states a household of 2 needs $18, 212 which is 125% above the poverty guideline. Why is it that the above statement mentioned 3 times that? My husband who is the immigrant will be continuing at his current Canadian employment and working remotely once we move, we want to make sure his salary still qualifies us for the necessary AOS.

That part is if you use assets, rather than income, to satisfy the I-864. So you would need the $18K times three in that case.

[trailmix 77]

Just bumping this information up.

Also wanted to add a link to this thread that also discusses the wait to be approved after submitting further information. It was originally started by Lenie, but later on in the thread other members jump in to talk about the wait after submitting further proof.

Adding an update on Jonesg111. He was denied his visa in June of 2009 for lack of proof of domicile, the original post can be found in a link below. His visa has now been sent, the update post on that can be found here.

Mike777 successfully proved domicile, interview March 3rd (note: he actually does live in the U.S. but spends a lot of time in Canada). His review is found at the bottom of the page here.

Interview from chochamu - his wife successfully proved reestablishing domicile to the consulate in Montreal on February 1st, 2010

The review is here

Key pieces of evidence presented by them (kept by the CO)

Lease agreement with Aunt and Uncle

One way ticket itinerary

Canadian PR Card that expires one day after departure to U.S. (this is a good piece of evidence, but just for anyone reading this, you don't have to give up your PR in Canada)

Letter from Employer stating the the U.S. citizen had resigned and when her last day of work there would be.

Update: Rod James was approved and his wife successfully proved reestablishing domicile review. The key piece of proof seems to be that Rod and his wife had sold their house in Canada. Rod's detailed original post regarding domicile is here

Udate: Two more denials at Montreal for proof of domicile, one approval (after initial denial).

Avery was approved, after her Husband moved back to the U.S. - thread here.

shaloma john Thread is here

neela828 Thread is here

Successful interview for Limbosage, the link below is his post detailing what he provided at the interview to prove reestablishing domicile. His wife (U.S. citizen) has been living in Canada since 2006.

That thread is here

jonesg111 Denied June 18th and again November 24th/2009, those threads are here and here (information from the 4th recent denial can be found in the second thread here, postings by nana1111).

Update from jonesg111 after contacting Senator's office

Lenie7 denied in November 2009 - that thread is here

Brocku00 Denied in August 2009 - thread here

Simstar successfully proved reestablishing domicile at her interview in October - thread here

A VJ member who successfully proved reestablishing domicile at their interview - kemijo

kemijo's interview review

Avery had her interview October 13th and was sent away to produce more evidence of reestablishing domicile. That thread can be found here.

Other Canadian VJ members that have been asked to produce more evidence of reestablishing domicile:

Shiri

Wowswift

kristinelder

jonesg111

ink

Also a couple of other threads in the Canada forum regarding domicile:

http://www.visajourney.com/forums/index.php?showtopic=208699

http://www.visajourney.com/forums/index.php?showtopic=212678

[Sunny4567 0]

VISA in hand!

I will write more later but just to let anyone who would find the information useful we

received my husbands US Visa today after being turned down at our interview in Montreal on March 17th

due to reasons of domicile. (I have been living in Canada with him for the last 18 months). I immediately

came back to our home in Ontario and sent in several documents to prove that I had reestablished domicile in the US.

It has been almost 4 weeks to the day that those documents would have been received by Montreal and we got the Visa

packet in the mail today.

If anyone is interested I can publish a list of exactly what documents I sent in to reestablish domicile.

It is a shame they don't tell you exactly what item you sent in that lead to this approval...but I am SO relieved!

Definitely did a happy dance and even cried at the post office.

PS I even had a lawyer who failed to advise me properly about the issue of Domicile. What a hard lesson.

[Lenie7 0]

VISA in hand!

I will write more later but just to let anyone who would find the information useful we

received my husbands US Visa today after being turned down at our interview in Montreal on March 17th

due to reasons of domicile. (I have been living in Canada with him for the last 18 months). I immediately

came back to our home in Ontario and sent in several documents to prove that I had reestablished domicile in the US.

It has been almost 4 weeks to the day that those documents would have been received by Montreal and we got the Visa

packet in the mail today.

If anyone is interested I can publish a list of exactly what documents I sent in to reestablish domicile.

It is a shame they don't tell you exactly what item you sent in that lead to this approval...but I am SO relieved!

Definitely did a happy dance and even cried at the post office.

PS I even had a lawyer who failed to advise me properly about the issue of Domicile. What a hard lesson.

Conrats, Sunny! Did you use a congressman or senator to help you? It's been 5 weeks for us and nothing!

[Sunny4567 0]

Hi Lenie-

No. Absolutely NO congressman or senator involved.

In fact I didn't even get advice from my lawyer before sending out additional domicile evidence and

I hadn't yet found the VJ site. I just used some of the info he gave us at the interview such

as my apartment lease and then added a bunch of stuff I thought would be helpful like my car registration,

insurance and property tax payments. I also gave them a recent Dr. appt bill, my bank statements which

showed lots of recent US activity, my driver's license etc.

In fact after reading all about Domicile on the VJ site I was certain that we would be turned down again as

I am still in Canada and didn't send in utility bills etc.

And I am also very shocked that we got our package back so quickly. He said at the interview it would

be 4-6 weeks wait, but I didn't believe that one bit. Well, it was 4 weeks to the day almost that

they would have gotten my package that we received the Visa back. I did come home from the interview

and almost immediately send in additional domicile info.

I told my husband I feel guilty getting approved in such a timely manner after reading all the hassle

people go through on this site. I didn't have to have proof of employment as I had enough financial assets

to qualify and I don't know if that helped.

It all just seemed so random.

You sent in additional domicile documentation 5 weeks ago and are still waiting.

What did you send in?

Sunny

Conrats, Sunny! Did you use a congressman or senator to help you? It's been 5 weeks for us and nothing!

[Sunny4567 0]

Oh one more thing, I also sent in the realtor's contract that shows our house in Canada is for sale.

(Cutting those Canadian ties)

Lenie, I don't know that much about your case but you would have to have employment in the US

unless you had substantial finances. Are you back in the US? Living and working?

[Lenie7 0]

Oh one more thing, I also sent in the realtor's contract that shows our house in Canada is for sale.

(Cutting those Canadian ties)

Lenie, I don't know that much about your case but you would have to have employment in the US

unless you had substantial finances. Are you back in the US? Living and working?

Hi Sunny,

I am back in the U.S. going to school, but not working. We do have ample finances and own two houses in the U.S., so me not working shouldn't be an issue in our case. For domicile, we sent my mortgage statement(for the house I own alone), utility bills, credit card statements/bank statements showing activity in the U.S., my driver's license, insurance, voter registration, proof of school enrollment, and a few other things.

In my case, I never really moved to Canada full-time, never had a driver's license there, never owned a house there, or anything like that and I never gave up my ties to the U.S. at any point in time. The CO didn't like that I was spending half my time in Canada (and had a PR card) so I could see my husband even though I had only been doing that for a year. Anyway, this whole process is so depressing and it seems like everyone, even those who submitted stuff a couple weeks after us, is getting approved. It almost makes me want to abandon the whole thing and move somewhere else in the world as I am starting to dislike my own country and the ridiculous bureaucracy!

Edited April 23, 2010 by Lenie7