Proving domicile when not living in the U.S.

[NikLR 13,227]

absolutely... If you can get the kiddos registered for school before you're there too that's a plus.

[hestati 0]

Need your advice please. Do I even need to worry about the domicile?

My wife is USC and has residence in USA, but she comes to visit me often, because of that, she does not work, I basically support her. We have an address in USA where she resides now, but there is no lease.

Will the question of domicile even come up considering that she lives in US and only comes to visit (very often though)?

Thanks!

[NikLR 13,227]

Need your advice please. Do I even need to worry about the domicile?

My wife is USC and has residence in USA, but she comes to visit me often, because of that, she does not work, I basically support her. We have an address in USA where she resides now, but there is no lease.

Will the question of domicile even come up considering that she lives in US and only comes to visit (very often though)?

Thanks!

If she lives and works in the USA then domicile is not an issue.

Domicile is only an issue when the USC spouse lives and works abroad.

[Rlelle09 28]

Here is my updated list. If anyone has any suggestions or thoughts about my evidence, please let me know.

Re-establishing domicile list includes:

Maintained voter registration number (my husband "believed" he sent in an absentee ballot, but apparently did it wrong so we couldn't use that as proof)

Newly renewed US drivers license CRBA's for children

US passports for children

Letter from mother-in-law/joint sponsor stating we will be living with her until we get our own place

Correspondence from schools discussing enrollment of children

Moving quotes from Upack and another local moving company

Job letter from father-in-law stating my husband/USC will be working for him ( wondering if this will be a problem because my husbands current title and field is technical analyst, but his father is a who builds houses. The document states my husband will be an assistant carpenter. Will this be an issue because my husband does something totally different now? He will only be working with his father until he gets a job in his field in the US.)

Maintained social security number

Resignation letter from petitioners employer stating they are aware he will resign once visas are granted for his family

Documents showing permanent US address

Bank statements from US bank account showing that it is still open and being used

TIA

[gad33 47]

Social security number is irrelevant, as they are issued for life so I wouldn't bother with that.

When you say "documents showing permanent US address" what exactly do you mean?

I can then address the other items

[Rlelle09 28]

Social security number is irrelevant, as they are issued for life so I wouldn't bother with that.

When you say "documents showing permanent US address" what exactly do you mean?

I can then address the other items

Voters registration, drivers license, bank statements. Also, the address that we will be staying at is the same address that listed on our I-130 for where we intend to live and on the rental agreement. What do you think about the rest of my evidence? Good? Or meaningless?

[canuk2usa 7]

Hi guys, would greatly appreciate your opinion on my situation

I'm a US born citizen, moved to Canada for my husband's work few years ago. Last year, I was eligible to apply for Canadian citizenship, I applied and received it.

As life would have it, I have become very homesick and now we are thinking of applying for IR1 soon, as I would like to move and live in the US.

I have a few questions:

1) Could the fact that I acquired Canadian citizenship cause any issues? or cause any issues when proving domicile?

2) I read on the forum that I must provide last 3 years of IRS transcripts. I have been unemployed (only my husband works) during this time and have not filed any taxes (US or Canada). So, I will not have anything to submit. Is this ok?

3) To prove that I have enough funds to sponsor my husband, I must either have a job offer in US or have enough savings. I have a US account with $80k savings in it, will this be sufficient so we don't have to look for a co-sponsor?

Additionally, I could ask a friend of mine who owns a business to give a me a Letter of Employment Offer, if this would greatly help our application; do you think its worth it or the $80k completely solves this issue?

[gad33 47]

Here is my updated list. If anyone has any suggestions or thoughts about my evidence, please let me know.

Re-establishing domicile list includes:

Maintained voter registration number (my husband "believed" he sent in an absentee ballot, but apparently did it wrong so we couldn't use that as proof)

Newly renewed US drivers license CRBA's for children

US passports for children

Letter from mother-in-law/joint sponsor stating we will be living with her until we get our own place

Correspondence from schools discussing enrollment of children

Moving quotes from Upack and another local moving company

Job letter from father-in-law stating my husband/USC will be working for him ( wondering if this will be a problem because my husbands current title and field is technical analyst, but his father is a who builds houses. The document states my husband will be an assistant carpenter. Will this be an issue because my husband does something totally different now? He will only be working with his father until he gets a job in his field in the US.)

Maintained social security number

Resignation letter from petitioners employer stating they are aware he will resign once visas are granted for his family

Documents showing permanent US address

Bank statements from US bank account showing that it is still open and being used

TIA

i wouldn't bother with the SSN nor the CRBAs (as you have passports) otherwise all the other items listed are good to show intent to reestablish domicile to the US government when you submit affadavit of support.

Montreal prefers a job in the US as proof, and second to that an address. It is best if the job letter and accommodation letter are official in that they are worded in the same way as if there were unrealted parties involved. Also make sure you have copies of these at the interview, do not expect Montreal to have found them in the file.

[Rlelle09 28]

i wouldn't bother with the SSN nor the CRBAs (as you have passports) otherwise all the other items listed are good to show intent to reestablish domicile to the US government when you submit affadavit of support.

Montreal prefers a job in the US as proof, and second to that an address. It is best if the job letter and accommodation letter are official in that they are worded in the same way as if there were unrealted parties involved. Also make sure you have copies of these at the interview, do not expect Montreal to have found them in the file.

Thank you so much! Do you think the difference in job titles would be an issue? And are you saying the passports could be used to prove intent to re-establish domicile?

[NikLR 13,227]

Hi guys, would greatly appreciate your opinion on my situation

I'm a US born citizen, moved to Canada for my husband's work few years ago. Last year, I was eligible to apply for Canadian citizenship, I applied and received it.

As life would have it, I have become very homesick and now we are thinking of applying for IR1 soon, as I would like to move and live in the US.

I have a few questions:

1) Could the fact that I acquired Canadian citizenship cause any issues? or cause any issues when proving domicile?

2) I read on the forum that I must provide last 3 years of IRS transcripts. I have been unemployed (only my husband works) during this time and have not filed any taxes (US or Canada). So, I will not have anything to submit. Is this ok?

3) To prove that I have enough funds to sponsor my husband, I must either have a job offer in US or have enough savings. I have a US account with $80k savings in it, will this be sufficient so we don't have to look for a co-sponsor?

Additionally, I could ask a friend of mine who owns a business to give a me a Letter of Employment Offer, if this would greatly help our application; do you think its worth it or the $80k completely solves this issue?

80k for a family of two is more than enough. You're fine. Don't get a letter of employment offer unless you actually plan on being employed there.

You don't have to file taxes if you make under the threshold or are unemployed.

You will however, want to scour this thread for ideas about proving your reestablishment of domicile.

[gad33 47]

Thank you so much! Do you think the difference in job titles would be an issue? And are you saying the passports could be used to prove intent to re-establish domicile?

I don't see why the difference in job titles should make a difference, people change careers but I have no idea how closely NVC and Montreal look at them. The important thing is for the job offer and living arrangements to look formal as in how they would look if it was an arms' length arrangement.

Passports in themselves don't prove intent but with other docs show intent, also it confirms that children are US citizens and don't need visas.

[Rlelle09 28]

I don't see why the difference in job titles should make a difference, people change careers but I have no idea how closely NVC and Montreal look at them. The important thing is for the job offer and living arrangements to look formal as in how they would look if it was an arms' length arrangement.

Passports in themselves don't prove intent but with other docs show intent, also it confirms that children are US citizens and don't need visas.

Thanks for your suggestions and I appreciate your help. :-)

[PHK 1]

I have a quick question, with regards to a Job offer letter..... Can the beneficiary show an transfer letter from the employer ( once they have legal status to work) ? Any comments

[gad33 47]

It is the US citizen that has to prove domicile or intent to redomicle. If the USC does not live outside the US there is not a domicile issue.

[PHK 1]

Thanks for your reply. My spouse who is a US citizen lives in Canada and is on Mat leave, I was trying to see if I could use my transfer letter to show that we are indeed moving.