Proving domicile when not living in the U.S.

[Sunny4567 0]

Hi Lenie-

Well, I can see your frustration. Based on everything you have sent you should be approved.

The only thing I can think of is your income. 80% of my assets which total to quite a bit are in liquid cash,

not in real estate and they will want to see that you have enough income of your own in the US to support your

husband once he lands in the US. If you think you have that all squared away the only other thing I can think of

is to turn in your PR card. I found a form on line at the Canadian immigration website that you can fill in to forfeit your card. I did not have to do this, but I also didn't disclose permanent residency.

When did your package arrive in Montreal? As I said my interview was March 17th and I sent in my additional documentation

March 19th. That might be why I got the quick turn around. But really it feels totally unfair that you did NOT receive

Domicile. How did he even know that you came back and forth to Canada which such ties to the US?

(we also learned the hard way that I should have sent my husband to the interview alone!)

We actually own a home here in Canada so really your case should be approved. Very, very bizarre.

I actually feel guilty that we got approved.

I don't know if some people just fall through the cracks or have bad luck!

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!

[Lenie7 0]

Yeah - we had enough cash in the bank PLUS I ended up getting a co-sponsor, anyway. In the end, the finances weren't a problem at all.

Either way, I guess there's nothing we can do but wait. They received our stuff on March 19th as well, but we've heard nothing.

Hi Lenie-

Well, I can see your frustration. Based on everything you have sent you should be approved.

The only thing I can think of is your income. 80% of my assets which total to quite a bit are in liquid cash,

not in real estate and they will want to see that you have enough income of your own in the US to support your

husband once he lands in the US. If you think you have that all squared away the only other thing I can think of

is to turn in your PR card. I found a form on line at the Canadian immigration website that you can fill in to forfeit your card. I did not have to do this, but I also didn't disclose permanent residency.

When did your package arrive in Montreal? As I said my interview was March 17th and I sent in my additional documentation

March 19th. That might be why I got the quick turn around. But really it feels totally unfair that you did NOT receive

Domicile. How did he even know that you came back and forth to Canada which such ties to the US?

(we also learned the hard way that I should have sent my husband to the interview alone!)

We actually own a home here in Canada so really your case should be approved. Very, very bizarre.

I actually feel guilty that we got approved.

I don't know if some people just fall through the cracks or have bad luck!

Edited April 24, 2010 by Lenie7

[trailmix 77]

Yeah - we had enough cash in the bank PLUS I ended up getting a co-sponsor, anyway. In the end, the finances weren't a problem at all.

Either way, I guess there's nothing we can do but wait. They received our stuff on March 19th as well, but we've heard nothing.

Well, since they appear to be sorting through the backlog of mail in Montreal, hopefully you guys will be getting that visa soon Lenie!

As you already know, turning in your Canadian PR card is never a good idea

I can't remember Lenie, have you contacted a senator or congressman yet?

[Lenie7 0]

Well, since they appear to be sorting through the backlog of mail in Montreal, hopefully you guys will be getting that visa soon Lenie!

As you already know, turning in your Canadian PR card is never a good idea

I can't remember Lenie, have you contacted a senator or congressman yet?

Hi Trailmix! I can only hope you are correct regarding getting the visa soon. I did contact my congresswoman (she has an immigration specialist in her office), but the woman didn't seem to be too helpful. I am going to follow up again next week to see if I can get her to move a little faster. Anyway, I really can't wait for all of this to be over - it's all so stressful sometimes and it's driving me crazy!

Oh...and I agree with you regarding the PR. What if something happened and they decided not to approve the visa? That's a lot of risk they're asking someone to take, for no guarantees in return.

Edited April 24, 2010 by Lenie7

[Lia792 5]

Hi, I'm doing DCF from Mexico, but this thread is addressing most of my concerns. I have never heard of any cases rejected for domicile in Mexico, but I don't want to be the first. Here's my questions:

1. Do you think moving back after Packet 3 (I-864 and DS-230) is soon enough to re-establish domicile or do I need to establish it before the I-864?

2. I won't be starting back at my job until after Packet 3 (that's the plan.) and we don't want to use a cosponsor. I should be alright with proving my income as long as I have paystubs before the interview, right? Or is it likely that the consulate will ask for them at the I-864 stage if I'm doing DCF?

In terms of re-establishing domicile, I think I fit in with #2, temporary absence because I was a part-US resident on my 2009 taxes and I am going back to the same job and have my driver's license, voter's registration and US bank account.

Thanks in advance for any help!

[trailmix 77]

Hi,

I haven't heard of any other consulate taking the hard line that Montreal does either - so that's good.

As for proving domicile or reestablishing domicile - you should do that at the I-864 stage, however, i'm not all that familiar with DCF. I doubt they are going to return your I-864 back to you from the consulate and request more information. In fact you should, at least, explain (in a note with the I-864) that you are reestablishing domicile (or only temporarily out of the U.S. - your choice) before the interview and you will have proof of your domicile that your Husband/Wife will present at the interview.

Since you think you fall under the 'temporary absence' area - just present it that way, if they accept that then your proof looks good.

One other thing that is always good to have is a lease at your U.S. address - even if you are staying with friends or family.

Edited April 26, 2010 by trailmix

[Lia792 5]

Thanks for the advice, Trailmix. I am already working on my domicile letter and you make a good point about a lease. I'm not expecting a lot of trouble as the consul? in Mexico City said they're more concerned about us having a place to stay, which is why your advice makes especially good sense. I'm glad to get a second opinion as I kept imagining all sorts of grim scenarios. I had been most concerned because most people doing DCF get a joint sponsor and I wasn't sure if it was possible to do it without, but hopefully they will accept paystubs at the interview.

Edited April 26, 2010 by Lia792

[trailmix 77]

You're welcome Lia, good luck, come back and let us know how it goes!

Link: this thread to 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

Edited April 26, 2010 by trailmix

[MVJ 0]

You're welcome Lia, good luck, come back and let us know how it goes!

Link: this thread to 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

This thread seems to have ended abruptly in April. Wondering if MTL is still being as strict with the domicile requirements as they were in late 2009 and early 2010? I think it was one CO who was being a bit more 'stringent' than others...thoughts?

[housewife 1]

I have a question?? Maybe this is not the right place but I don't know where to post.

I have options as to where I an live in the USA. I am the american my husband is the canadian. I really want to live back in the USA, my reasons are unimportant for the question.

I am hopeing to buy a business and my husband will take early retirement and work with me in the business and move to one city. That's great, my first choice.

My second choice which will give me the ability to live in the USA, my husband will have to keep his job and commute, while he can work from home 2 - 3 days a week, he will have to commute the other 2 - 3 days. It's dooable. Most people commute the amount of time it will take him even if they live in the USA and drive to work. I know people who actually commute longer drives.

The thing is will the border in the US be ok with that?? He will have a US drivers license, US plates, he will file and pay taxes to the US and he will sleep in the USA with the exception of maybe really bad weather and then we would take a hotel room for the night.

His residence will be in the USA, but since he is canadian he can work in Canada no problems and go back and forth. ???

[Flames9_RN 358]

I have a question?? Maybe this is not the right place but I don't know where to post.

I have options as to where I an live in the USA. I am the american my husband is the canadian. I really want to live back in the USA, my reasons are unimportant for the question.

I am hopeing to buy a business and my husband will take early retirement and work with me in the business and move to one city. That's great, my first choice.

My second choice which will give me the ability to live in the USA, my husband will have to keep his job and commute, while he can work from home 2 - 3 days a week, he will have to commute the other 2 - 3 days. It's dooable. Most people commute the amount of time it will take him even if they live in the USA and drive to work. I know people who actually commute longer drives.

The thing is will the border in the US be ok with that?? He will have a US drivers license, US plates, he will file and pay taxes to the US and he will sleep in the USA with the exception of maybe really bad weather and then we would take a hotel room for the night.

His residence will be in the USA, but since he is canadian he can work in Canada no problems and go back and forth. ???

yep!! There is even one Cdn member on here that resides in the USA, and works For the Canadian Borderer Services Agency. Their have been others as well

[housewife 1]

Oh good, thank you that releives some of my stress and worries.

Proving domicle for me is not the problem I would guess, I have utility bill, lease, bank account and can show listing of condo for sale here in Canada, so I've taken concrete steps, my doctors are in the USA. My husband's doctors are in the USA. (referencing above that people show doctor appts)

I can qualify on assets, if the 5x the amount is what is needed. I have proof of that already in a US bank account.

[housewife 1]

BTW Flames thank you again, I really need that to be ok as a backup contingency plan. But we also need for at least one of us to have an income so if I can't get my business just yet, at least the hubby can keep his job for now. Not our first choice but it's a decent option for now.

I just wish my potential business partner would give me some news so I knew where and what.

[Flames9_RN 358]

Later on, if he wants to obtain USA citizenship, it asks about days outside USA--but they have to be longer than 24hrs! Theres another that lives on the west coast and travels from washington to BC daily! its al based on residence!! You can PM Neiks, she is the Cdn border gaurd!! I believe she stated that she NO longer is able to use the cdn healthcare system, but best to ask her!!

[housewife 1]

Oh healthcare is not an issue. We don't want to use it, we want US healthcare we have that now so that is the least of my worries. We use the US system now anyway.

I think it is all moot as of now after I wrote my question, I had good news regarding my business so it looks like my preferred choice will work out and hubby will not have to commute, my preferance is for him to take early retirment and come work with me in my business venture and I got some good news on that.

But it helps to know for just in case. I like to be prepared and know what is allowed.

Thank you so much, I can't tell you how much stress you lifted from me just knowing that this is a viable option for us made all the difference to me.