Proving domicile when not living in the U.S.

[housewife 1]

Ah yes, adjustmet of status but I always heard that used on this side of the border. Can't confirm that for canada, someone else needs to reply to you.

But keep in mind that the 864 is one thing, and the proof of domicle is another. They are not necessarily combined/connected.

Example. Your wife signs a lease on an apartment in the USA, opens utilities, gets a driver's licence, that is proof of intent of domicle in the USA I did that and that was my proof.

864 was support. Income/assets. I had to show XXXX dollars in a US bank account. That was for the 864. I could have had the domicile but not the money and I would not have qualified. I also bought a business in the USA. My case was unique but I do know that we had to show both.

I could have showed assets in the USA of XXX and no domicle proof and it would not have been enouch.

There are two things. One proof of intent to move, your wife's intention of moving back permanently, and the money/income/asset/support thing. Don't mix the two up. They are seperate issues. They may seem jointly intwined but they are both important. If your wife's father meets the qualifications to sign a joint petition of ther 864, that's great, but you still need domicile proof.

Don't mix up the two. You say that the 864 didn't count because she doesn't have domicile. Be careful. example, even is she had the leased apartment, utilites, etc in her name and the assets werent' enough you would need the 864 from her dad. And Vice Versa, even if the 864 would have been correct, and no domicle you would not have qualified. Please don't tie them together which sounds like you are doing.

You will see that here, on the threads, people had one not the other, or in your case both. Adjustment of Status, they will tell you when they give you green card. It will either be good for 2 or 10 years. My questions is how did you apply originally?? Did you apply for IR or CR and maybe that's why it was changed?? Which form did you use??

[jazzly 3]

Check your PM for explaination on your questions.

Edited March 19, 2012 by jazzly

[housewife 1]

Ok I got it all,

Just please remember one thing, Most of is if not all of us are not immigration lawyers, for me personally, this group, helped me so much that I got the visa for my husband straight through no probs. I come here to "give back" and hopefully help someone like I was helped.

We can't know what the immigration offer that day that you get will be thinking, if it will be enough in his mind. The one thing that the consulate told me when we applied and they gave us a packet on what we need, was that it's all on an "individual case by case basis".

I don't think anyone can say for 100% positive it's ok to go back to Canada for a month. When you come back the guy on the border will either ask a few questions or a lot of questions, but no one here can give that 100% answer.

I know this is difficult and hard. We all stressed. I stressed, I had a business that my partner was pushing me to come down and run, I had a leases on an apartment that we were paying rent for 4 months with utilities and insurance, and I stressed even if I had all the proof and all the paperwork.

Most of us spend a good chuck of change on doing this. I had to pay for translations for my husbands stuff as it was all in french. Certified translations, to the tune of $800. Medical, RCMP clearance, plus the apartment lease, utilities, insurance, etc, etc, all of it, and I still stressed.

There were a good number of us here and we all stressed. I stressed just waiting the two days for the passport to come back even when he was approved. I did a lot of reading on the gov't website. I went over the documents, 100 times, I had it sorted by need. i.e, personal docs, proof of domicle docs, affidavit of support, all of it and I reveiwed that 100 times if not more. I spent months prior researching about repatriating to the USA for myself, about restablishing credit history. I am not an expert and a relocation specialist, but I worked at it for months, probably 2 years if I want to be exact if not longer. The point is you can't have to much information. You can't have to much proof, that is my opinion. I would have stuff certified/notarized. Better to have a letter notarized and accepted than not. But read, go to the gov't websites for US IR immigration and read. You can't have to much knowledge or too much proof at least in my opinion.

[jazzly 3]

Thank you everyone for contributing. I have spoken to an attorney in detail and seems like this domicile and AOS is an everyday thing for US-CDN married couple. There is no need to be over concerned and cover all the basis and tell MTL and CBP the truth. CBP is quiet flexible and they know CDN don't move at once, and they go back and forth to wrap things up (as long as they really are doing it) in the home country and making arrangements for employments and accommodation in US. So they don't bother if a LPR is back in CDN for couple of months to sort things out. I was over concerned about border crossing, during the transition period. Things don't happen over night and they know it. Its stupid to say to close ALL ties from Canada, scratch the maple leaf off your arms etc. You can keep bank accounts property etc etc in Canada. As long as you're moving to US to live their as LPR, it is all good. The list to show domicile is a reality and we need to do it to show intent. It doesn't mean (as many people rightly said in this thread) to move to US to show intent or establish domicile. Just take steps to show that you're going to move to US along with your Canadian spouse once she/he is granted visa.

Thank you all. I am very relieved now.

[Flames9_RN 358]

Thank you everyone for contributing. I have spoken to an attorney in detail and seems like this domicile and AOS is an everyday thing for US-CDN married couple. There is no need to be over concerned and cover all the basis and tell MTL and CBP the truth. CBP is quiet flexible and they know CDN don't move at once, and they go back and forth to wrap things up (as long as they really are doing it) in the home country and making arrangements for employments and accommodation in US. So they don't bother if a LPR is back in CDN for couple of months to sort things out. I was over concerned about border crossing, during the transition period. Things don't happen over night and they know it. Its stupid to say to close ALL ties from Canada, scratch the maple leaf off your arms etc. You can keep bank accounts property etc etc in Canada. As long as you're moving to US to live their as LPR, it is all good. The list to show domicile is a reality and we need to do it to show intent. It doesn't mean (as many people rightly said in this thread) to move to US to show intent or establish domicile. Just take steps to show that you're going to move to US along with your Canadian spouse once she/he is granted visa.

Thank you all. I am very relieved now.

There ahve been a fgair # of Cr-1//IR-1 that goto the POE and then immediately turn around--just to get the paperwork going (ssn, actual greencard) I got my cr-1 in Dec and shortly after that went back to Canada. Thats 1 of the + of the cr-1//ir-1 visas.

[jazzly 3]

Got my daughter's CBRA done in consulate two weeks ago. The official registration will arrive in mail by next week.

Got a contract signed with real estate broker, that the house will go on MLS listing on April 20th, condition to visa approval.

Wife got her MI DL, gave up Canadian DL as was instructed by Secretary of State. She registered herself in voter's list at the same office.

Updated my Canadian Auto insurance with Wife's MI DL number. The underwriter has got the special requirement covered, as she will be moving back and forth for couple of months for arrangements.

Got my daughter registered in pre-school for 2012-2013 class, starting in September. Have an official letter from school.

Wife will get a letter from formal employer in US tomorrow, who is willing to hire her, once she is moved to MI in summer.

Got upack.com's online quote and printed a copy to be sent to consulate.

Had few grands wired to my wife's US account.

I believe, I have covered most of the items for the domicile.

I have also got the I864 filled and signed by my father in law, as was instructed by MTL.

[jazzly 3]

Submitted all the required document copies supporting domicile along with I864/W2/paystubb/1040 today at Loomis location.

Anxiously waiting for MTL's decision. Hoping to get the Visa in hand by April 16th the most. Though it might take upto 6 weeks, as per their website.

[housewife 1]

Good luck let me know how you made out please.

Ask a CA about that moving account stuff, our CA told us to close em up to prove we are no longer residents. Canada taxes on residency and they want your 50% income tax even if you dont' live there. I'm not a CA lawyer but I'm repeating what I was told from our CA

[jazzly 3]

Thanks. I am going to read up about deemed non-resident status and will open a new thread for discussion.

http://www.cra-arc.gc.ca/tx/nnrsdnts/ndvdls/nnrs-eng.html

[housewife 1]

in that chart, see residential ties = bank account/credit cards

Let me know where the thread is ok

thanks

and again good luck

[housewife 1]

btw, just as a point of referance, accts are not lawyers and vice versa.

The problem sometimes exists when one of them does not want to admit they need to consult the other for proper info. KWIM?

No offense to either attorneys or CPAs just both are good at what they do they just need to consult sometimes.

[jazzly 3]

It has been almost two weeks since I sent the docs. I called DOS 202.663.1225 and they checked on the status and said that its in Adiministrative Processing. The guy further told me that they have received my docs, gave names of some docs that I submitted. Which means that they have received them and are reviewing it. Its not collecting dust on the shelf He said, keep checking the status.

[housewife 1]

good luck, keep us posted

[GitmeOuttaHere 0]

We are at the NVC waiting stage now and are hoping to get an interview date soon.

The last thing they requested from us that we had not sent was my sponsors pay stub to prove employment, which seems odd to me because her job will end when this is all done and we will both be trying to find work when we get to the US.

She has a US bank account with a decent amount of cash in it(and so far that is all we have as far as domicile is concerned), we have sent our mortgage and house appraisal documents to them already, as we are intending to sell our home and move once my visa is approved.

We are planning on moving 1500 miles away from where we live now down to the Southwest US. So at this point it has been difficult getting motivated to spend the time and money flying across country just to check out a place and rent it before we have even had our interview scheduled. My wife has applied for the licenses required to do her type of work in the state we want to move to...should that not show enough intent? Hopefully we will get an interview scheduled soon.

[gad33 47]

Just thought I'd let people know my experience of reestablishing domicile.

We have been married for a number of years so have just one household here in Canada, also my husband's parents are deceased so no convenient address that we could use. On all the forms my husband (USC) has used our Canadian address and completed country of domicile as Canada.

At Montreal the first person you see takes your original documents and checks the info from the forms that were submitted. I was asked if my husband was still in Canada and when I said yes my file was tagged domicile so I knew I was going to be asked about this at the interview. I was able to give her an address in the US as we had just purchased a house.

At the interview I was told that they have to be satisfied that domicile is being reestablished. I told the Con Off we had just bought a house and it was in escrow, gave her copies of the documentation. She was much more concerned that my husband had a job in the US. Although an employment letter was included with the I-864, I gave her a copy of hubby's employment letter. I was asked questions about his job and where he was located currently. My answers must have been satisfactory as she approved my visa.