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trailmix

Proving domicile when not living in the U.S.

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I'm happy to report that my passport is on it's way! On another post I made, some VJ'ers suggested that it wasn't *true* AP, just possibly meant it was still being processed and it looks like that's exactly what happened. So, our domicile issue was fine, I still suggest that anyone going through this bring as much proof as you can of domicle.

Started LDR with hubby July '04, married Nov '06

He moved and became permanent resident of Canada Nov '07

Now, we want to move back to his hometown in Illinois!

Filed DCF for IR1 Visa

I-130 sent to Toronto Embassy: September 12, 2010

Initial approval at Toronto Embassy: November 19, 2010

Packet 3 rec'd January 28, 2011

Packet 4 rec'd March 21, 2011

Medical May 16, 2011

Interview July 12, 2011 - Approved!

Visa/Passport picked up DHL July 22, 2011

POE date August 26, 2011

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Filed: Country: Canada
Timeline

I'm happy to report that my passport is on it's way! On another post I made, some VJ'ers suggested that it wasn't *true* AP, just possibly meant it was still being processed and it looks like that's exactly what happened. So, our domicile issue was fine, I still suggest that anyone going through this bring as much proof as you can of domicle.

congrats I'm really happy for you , the best of luck in your move and new life.

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  • 4 weeks later...
Filed: Country: Canada
Timeline

so if you have a co-sponsor do you need to prove domicile still? or does the co-sponsor off set the fact that the USC is in canada and intends to return with the IR1 beneficiary once the visa is issued by obtaining a job and moving back. (but no job lined up before then.)

also, would a co-sponsor need to fill out a i864 for each beneficiary... i.e. spouse, and "x" children if applicable? or just 1 period regardless of how many applicants?

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Filed: Country: Canada
Timeline

Sorry to tell you but no, a co-sponser does not offset the need to prove domicile. Search visajourney for "establishing domicile" and do lots of reading, it's a sticky situation. My husband left for the US at the beginning of July, we have two kids and it's been really tough being apart. Although we've been here with him for the last two weeks and will spend the next two weeks here as well. Our interview is at the end of September.

so if you have a co-sponsor do you need to prove domicile still? or does the co-sponsor off set the fact that the USC is in canada and intends to return with the IR1 beneficiary once the visa is issued by obtaining a job and moving back. (but no job lined up before then.)

also, would a co-sponsor need to fill out a i864 for each beneficiary... i.e. spouse, and "x" children if applicable? or just 1 period regardless of how many applicants?

March 1999 - Met online

July 5th, 2001 - Met in person

December 19, 2003 - Got engaged

September 26, 2004 - Got married in Canada and husband (USC) becomes a PR

July 5, 2007 - Our daughter Samantha is born

April 5th, 2011 - I-130 Submitted to Toronto Consulate

April 29th, 2011 - Interview at Toronto Consulate

June 8th, 2011 - Packet 3 received via email

June 9th, 2011 - Packet 3 returned via Expresspost overnight

June 13th, 2011 - Packet 3 received by Consulate

June 16th, 2011 - Packet 3 Logged

June 16th, 2011 - Packet 4 Dated

June 22nd, 2011 - Packet 4 Logged

September 12, 2011 - Medical in Toronto

September 29, 2011 - Interview - APPROVED!

? - Visa Received

? - POE

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Filed: Country: Canada
Timeline

Sorry to tell you but no, a co-sponser does not offset the need to prove domicile. Search visajourney for "establishing domicile" and do lots of reading, it's a sticky situation. My husband left for the US at the beginning of July, we have two kids and it's been really tough being apart. Although we've been here with him for the last two weeks and will spend the next two weeks here as well. Our interview is at the end of September.

appreciate the help. thanks.

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  • 1 month later...
Filed: Country: Canada
Timeline

Does change of US address (btw what was put on I-864 form and interview time) have any effect on visa approval at montreal? Essentially, we are going to use my wifes parent's address in MI on the I-864 and was on the initial I-130, but have no intention of moving to that state, probably SC (although this is still undecided and mainly depends on where she can get work). Can we just show up at the interview with all the relevant documents showing the new address as we go through the "re-establishing domicle" process?

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  • 4 weeks later...
  • 4 weeks later...
Filed: K-1 Visa Country: Canada
Timeline

Does the Petitioner have to provide proof of domicile for K1 visa's? He's lived in the US all his life.

I would love to know the answer for this. My fiancé has never lived anywhere but the US. Do we still have to prove domicile?

The only issue is he doesn't have an official place of residence as he's away with the military and gave up his apartment to save money. We're going to be looking for a place to live when I move and he gets back.

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Filed: AOS (apr) Country: Canada
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If the USC does not permanently reside outside the US there is no need to establish evidence of domicile. I don't know if it's an issue with the military- I assume that being stationed at whatever base/boat/etc. counts as living in the USA. Maybe someone else can chime in? Although I doubt it's a problem.

Edit: Answered in another thread. :P

Edited by pocheros
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Filed: K-1 Visa Country: Canada
Timeline

If the USC does not permanently reside outside the US there is no need to establish evidence of domicile. I don't know if it's an issue with the military- I assume that being stationed at whatever base/boat/etc. counts as living in the USA. Maybe someone else can chime in? Although I doubt it's a problem.

Edit: Answered in another thread. :P

Thanks for your response none the less!

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  • 1 month later...
Filed: IR-1/CR-1 Visa Country: Canada
Timeline

is Montreal still being awkward about the domicile issue? Hubby (US citizen) is still in Canada with me. He has a job in the US but they are letting him work out of the Calgary office until he is ready to move. He doesn't have an address in the US. Is this going to be a problem?

1 Dec 2011 Mailed I-130
8 Dec 2011 NOA 1
20 Dec 2011 NOA 2

NVC

17 Jan 2012 Phoned NVC. Case Number allocated
18 Jan 2012 Emails received re AOS fee and Agent
20 Jan 2012 Electronic opt in email sent & response received
20 Jan 2012 AOS fee paid
20 Jan 2012 Form DS-261 Choice of agent filed
27 Jan 2012 Email received re choice of agent received. Can now pay IV bill
29 Jan 2012 IV bill paid
31 Jan 2012 Received written notification case at NVC (dated 18 Jan)
8 Feb 2012 Emailed AOS
9 Feb 2012 DS-260 submitted online & docs emailed
14 Feb 2012 Case Complete
5 Mar 2012 received email - interview date 10 April
10 Apr 2012 Visa Approved
10 Apr 2012 Email from Loomis - passport picked up from Consulate

June 2012 Moved back to US

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  • 2 weeks later...
Filed: Timeline

is Montreal still being awkward about the domicile issue? Hubby (US citizen) is still in Canada with me. He has a job in the US but they are letting him work out of the Calgary office until he is ready to move. He doesn't have an address in the US. Is this going to be a problem?

I don't know how Montreal is at all except for what I read here (seems like no picnic in the park).

Get a letter from your husband's employer stating that he is working in calgary until x date and will move to the US office on y date.

Though, maybe someone here has a better answer and can chime in?

Good luck!

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FYI, we submitted via DCF and I had my IR-1 interview in Montreal today. I was very worried about the domicile issue as my wife (the USC) became a canadian PR 18 months ago and has been living here since then. I had prepared a stack of evidence for re-establishing domicile but in the end they never even asked for the actual evidence itself! I don't know if they even read the itemized list that I attached to the back of the I-864 or if that was sufficient or what, but the entire interview lasted all of 90 seconds. 1) How did you meet, 2) what are plans to move to the states and 3) what do you for work. That was it. Crazy. I won't ever know the reason that they didn't even bring it up, but at least in this case domicility was not a big deal (or my itemized list was convincing enough).

The other thing to note is that the threads on here from people getting denied for domicile seemed to come to an abrupt end a year ago. So maybe they have loosened up since ...

good luck.

I don't know how Montreal is at all except for what I read here (seems like no picnic in the park).

Get a letter from your husband's employer stating that he is working in calgary until x date and will move to the US office on y date.

Though, maybe someone here has a better answer and can chime in?

Good luck!

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

FYI, we submitted via DCF and I had my IR-1 interview in Montreal today. I was very worried about the domicile issue as my wife (the USC) became a canadian PR 18 months ago and has been living here since then. I had prepared a stack of evidence for re-establishing domicile but in the end they never even asked for the actual evidence itself! I don't know if they even read the itemized list that I attached to the back of the I-864 or if that was sufficient or what, but the entire interview lasted all of 90 seconds. 1) How did you meet, 2) what are plans to move to the states and 3) what do you for work. That was it. Crazy. I won't ever know the reason that they didn't even bring it up, but at least in this case domicility was not a big deal (or my itemized list was convincing enough).

The other thing to note is that the threads on here from people getting denied for domicile seemed to come to an abrupt end a year ago. So maybe they have loosened up since ...

good luck.

thank you for this info it is very helpful. Because the posts came to an abrupt end I didn't know if it was still a problem. (There could have been a few reasons why people stopped posting.) We have all the evidence for reestablishing domicile apart from an address in the US and we really don't want the expense of two homes if we can help it.

1 Dec 2011 Mailed I-130
8 Dec 2011 NOA 1
20 Dec 2011 NOA 2

NVC

17 Jan 2012 Phoned NVC. Case Number allocated
18 Jan 2012 Emails received re AOS fee and Agent
20 Jan 2012 Electronic opt in email sent & response received
20 Jan 2012 AOS fee paid
20 Jan 2012 Form DS-261 Choice of agent filed
27 Jan 2012 Email received re choice of agent received. Can now pay IV bill
29 Jan 2012 IV bill paid
31 Jan 2012 Received written notification case at NVC (dated 18 Jan)
8 Feb 2012 Emailed AOS
9 Feb 2012 DS-260 submitted online & docs emailed
14 Feb 2012 Case Complete
5 Mar 2012 received email - interview date 10 April
10 Apr 2012 Visa Approved
10 Apr 2012 Email from Loomis - passport picked up from Consulate

June 2012 Moved back to US

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