Proving domicile when not living in the U.S.

[Flames9_RN 358]

I know many at work are complaining about Obama's new healthcare plan! Premiums at my hospital went up around 10-25% depending on ones plan!

[housewife 1]

I'm afraid to speak my mind so I'll just say I don't agree with Obamacare and I can't stand socialist medicine. I don't approve of it.

I think everyone should have the right to by healthcare and that pre-existing should not exclude you but that's it. I don't approve of the "same for everyone".

I'll stop at that, I don't want to offend anyone.

[LuvIllinois 1]

Just wanted to repost my experience with my interview regarding domicile:

I got the "Welcome to the United States" today but as I stated in my title, but we had a bit of a hard time with the domicile issue. USC Hubby resides in Canada with me (as a permanent resident), but from all my research, that does not mean 'domicile'. He still works and banks in the states, files his taxes there every year, plus we had a letter from his parents stating we were free to live with them as long as we wish. Where it got tricky was, he works in NY but we plan on moving to Illinois. Well, his parents in Illinois aren't doing so well in their health...his Dad had heart problems years ago that are resurfacing and his Mom just suffered a heart attack in April. She just had a defibulater put in and had some complications during the surgery. He is an only child and we want to be able to be there for them as I have very little family here in Canada now. She asked if we had proof of their illness, which I didn't bring because I didn't think we'd get so detailed (silly me). That's when DH started to get a bit worried about the whole interview.

I didn't think this would be an issue because nowhere in the description of domicile does it state that we have to have proof of the STATE we intend on living in, only that he still has ties to the USA (which we had more than enough proof of that). We even brought our house sale listing from MLS.CA (already have 2 offers in one weekend, woohoo!) It's a catch 22 really...can't really have him apply for jobs out there and have him risk losing his here since we didn't have any official approval, yet, they want that proof. The company he works for has stores nationally, so he would just be transferring.

Anyway, we still got the approval, but have read about Administrative Processing. Is it possible we can go into this still if they aren't still satisfied (say, they want him to move RIGHT NOW)? If so, how would we know that they need additional proof? Would they have given it in the interview or could it be mailed to us?

I'm hoping it was all sufficient and all I'm waiting on is that green card!

Edited July 13, 2011 by LuvIllinois

[housewife 1]

Just wanted to repost my experience with my interview regarding domicile:

I got the "Welcome to the United States" today but as I stated in my title, but we had a bit of a hard time with the domicile issue. USC Hubby resides in Canada with me (as a permanent resident), but from all my research, that does not mean 'domicile'. He still works and banks in the states, files his taxes there every year, plus we had a letter from his parents stating we were free to live with them as long as we wish. Where it got tricky was, he works in NY but we plan on moving to Illinois. Well, his parents in Illinois aren't doing so well in their health...his Dad had heart problems years ago that are resurfacing and his Mom just suffered a heart attack in April. She just had a defibulater put in and had some complications during the surgery. He is an only child and we want to be able to be there for them as I have very little family here in Canada now. She asked if we had proof of their illness, which I didn't bring because I didn't think we'd get so detailed (silly me). That's when DH started to get a bit worried about the whole interview.

I didn't think this would be an issue because nowhere in the description of domicile does it state that we have to have proof of the STATE we intend on living in, only that he still has ties to the USA (which we had more than enough proof of that). We even brought our house sale listing from MLS.CA (already have 2 offers in one weekend, woohoo!) It's a catch 22 really...can't really have him apply for jobs out there and have him risk losing his here since we didn't have any official approval, yet, they want that proof. The company he works for has stores nationally, so he would just be transferring.

Anyway, we still got the approval, but have read about Administrative Processing. Is it possible we can go into this still if they aren't still satisfied (say, they want him to move RIGHT NOW)? If so, how would we know that they need additional proof? Would they have given it in the interview or could it be mailed to us?

I'm hoping it was all sufficient and all I'm waiting on is that green card!

I'm not sure what you are saying. Where are you both living.?

Normally if you are both living in Canada and your husband is a permanent resident as you say, you would be approved in Canada, once you get your passport with your visa in it back it takes about 3 days, then you are good to move. You have if I remember 6 months do so. Then once in the USA you get the greencard at your place of residence. You do not get the green card while in Canada. The visa is your permission to move and they process you when you cross and then you will get your SS# and official green card and another welcome letter.

So I'm not sure what you are asking and where you are living now and where you applied and got approved??

[Flames9_RN 358]

I'm not sure what you are saying. Where are you both living.?

Normally if you are both living in Canada and your husband is a permanent resident as you say, you would be approved in Canada, once you get your passport with your visa in it back it takes about 3 days, then you are good to move. You have if I remember 6 months do so. Then once in the USA you get the greencard at your place of residence. You do not get the green card while in Canada. The visa is your permission to move and they process you when you cross and then you will get your SS# and official green card and another welcome letter.

So I'm not sure what you are asking and where you are living now and where you applied and got approved??

She is saying that Montreal is a pain in the butt,lol They prefer that the USA citizen is pretty much living/working in the USA, and if thats not the case, one best have strong proof that they will soon be residing in the USA. In some instances, the USA citizen has left Canada, to set up residence in the USA, send in proof that they have, to get the Visa!

[LuvIllinois 1]

She is saying that Montreal is a pain in the butt,lol They prefer that the USA citizen is pretty much living/working in the USA, and if thats not the case, one best have strong proof that they will soon be residing in the USA. In some instances, the USA citizen has left Canada, to set up residence in the USA, send in proof that they have, to get the Visa!

LOL! You are correct. Hope it all goes well as we accepted an offer on our house just 10 minutes ago. Our agent put a clause in there that we can back out if I don't get my GC in hand right away.

[housewife 1]

I don't disagree with you what they prefer. My question was about her wanting her "green card" in her hand before she leaves Canada and it doesn't work that way.

You get approved and they put a visa in your passport and you cross the border with that and you get the offical green card mailed to you at your US address so I'm confused what she actually wants in order to move.

[housewife 1]

LOL! You are correct. Hope it all goes well as we accepted an offer on our house just 10 minutes ago. Our agent put a clause in there that we can back out if I don't get my GC in hand right away.

For administrative processing, google it with something like US Visa administrative processing or search here on this site and you will read what it is.

If they told you you are approved and you got your passport and a visa which is good for a year, you have 6 months to cross and officially move and in a sealed think envelope that they tell you to hand over to homeland security border patrol I believe then that's all you will get till you cross the border unless they changed something in the last 5 months.

[LuvIllinois 1]

Sorry, I didn't mean to confuse..I mean my visa with the stamp back, not the actual Green Card..my mistake

I just keep hearing conflicting things about AP. I know what it is, but how do they tell you? On the state website it says it will tell you at the interview, but other posts I have read here stated they were approved at the interview, but then found out days later they were put in AP. I'm just a worry wart! Just wondered if I'm really good to go. We have technically sold our house on condition I get my passport back. I hate to whine, but I want to go! LOL

[housewife 1]

I don't blame you I was there. I wanted to go home too. I was the US citizen my hubby the canadian.

Once he got his passport back and the thick "DO NOT OPEN" manilla envelope we were free to move anytime and we had 6 months do it maximum.

So once you get your passport/visa and envelope you should be good to go. We picked it up 3 days after the interview if I remember.

I moved back home about 5 months ago.

So unless something changed that's how it was for us.

[LuvIllinois 1]

Well, if you read my new post, we are in AP

[housewife 1]

Well, if you read my new post, we are in AP

I' sorry, where is your new post saying that??

I really am sorry for you, I was trying to clarify something. I was trying to say that once you got the visa in your passport and the envelope to take to the boarder you were good to go which usually was 2 - 3 days after the interview.

From the way I read your post, it sounded like you got that, but you were waiting for the "greencard" which comes only after moving to the US.

I misunderstood your post.

I am truely sorry you are having this difficulty.

Good luck hopefully it will be resolved soon.

[LuvIllinois 1]

I' sorry, where is your new post saying that??

I really am sorry for you, I was trying to clarify something. I was trying to say that once you got the visa in your passport and the envelope to take to the boarder you were good to go which usually was 2 - 3 days after the interview.

From the way I read your post, it sounded like you got that, but you were waiting for the "greencard" which comes only after moving to the US.

I misunderstood your post.

I am truely sorry you are having this difficulty.

Good luck hopefully it will be resolved soon.

Oops I just reread my reply and it sounded sarcastic which was NOT my intention at all...it was more said in a defeated way. Weird how it comes out sounded totally different in your head. Just was really out of sorts when I posted. I had started a new topic within the board and that was what I was referring to. It's hard not to worry until I find out why I'm in AP, but many people responded saying they were told by DoS they were in AP when that wasn't the case at all. I'm hoping I'm in that group, although a straight out simple approval would have been better, LOL

[housewife 1]

It's ok don't worry about it, you have a lot on your mind. I get that. It happens to everyone.

I don't frequent much here anymore. This group was very very helpful to me when I was applying for my husband, I had fears and concerns like everyone and the lovely people here helped me a lot so I want to do the same as much as I can for others. I really am grateful to everyone here who helped me.

I hope everything will be ok for you. I hope it's just a mistake. I don't know how it is now, but you had to choose the location of the DHL to pick up your stuff at and you could check on line to see if it was ready/delivered.

I hope you get yours back asap and that it is an error. Good luck to you

[LuvIllinois 1]

Thanks. I hope to do the same. That's why I posted in here as well as my separate post, since this one is pinned. Once I have a better idea (still hoping for a mistake) I will elaborate in case anyone else ends up in the same boat. This board has been great, I would never have known about DCF, let alone, the rest of the stuff I should be prepared for.

We already did immigration once when my DH came up this way and it was nothing compared to this. His was a breeze!