Proving domicile when not living in the U.S.

[gad33 47]

When we did the Affadavit of Support we made no mention of where we would be living. We had quotes for moving from Canada to US but we also had a letter from the USC's employer confirming they would be working in the US.

You should be able to do a search to see how long aacceptace at NVC stage is taking and how long it is from acceptance and date of interview at Montreal. The purpose of completing these dates is to help others.

[AustinCanada 681]

When we did the Affadavit of Support we made no mention of where we would be living. We had quotes for moving from Canada to US but we also had a letter from the USC's employer confirming they would be working in the US.

I didn't put any address on the AOS application since we're planning to rent a suite on airbnb.com for 1-2 months until we buy a house in Seattle.

We have hired a buyer's agent and have a buyer-agent agreement form stating that he will be working for us to find a house in Seattle.

My partner (USC) is also keeping his Canadian job and is working from home in Seattle. We have a letter from his employer stating that he'll be keeping his job and working from home.

[scottishlander 5]

Will the NVC send a RFE for a long-term hotel booking as proof of intent to re-establish domicile?

We will try to lease an apartment before the visa interview but don't want to sign a lease for a place so far in advance (without living there or seeing it).

Edited October 5, 2014 by scottishlander

[NikLR 13,227]

It's not the NVC you need to please, it's Montreal. They're far more picky than the NVC is and want to see proof that you have a place to live, children are registered in schools, bank accounts are open, driver's license, proof of a job or job offer, etc... They likely would accept that you've booked and paid for a long term hotel while searching for an apartment.

I didn't put any address on the AOS application since we're planning to rent a suite on airbnb.com for 1-2 months until we buy a house in Seattle.

We have hired a buyer's agent and have a buyer-agent agreement form stating that he will be working for us to find a house in Seattle.

My partner (USC) is also keeping his Canadian job and is working from home in Seattle. We have a letter from his employer stating that he'll be keeping his job and working from home.

You will need an address for the DS-260 for the green card to be sent to.

[AustinCanada 681]

You will need an address for the DS-260 for the green card to be sent to.

Yep, I did that. I used my sister-in-law's address in the US.

[NikLR 13,227]

awesome.

[scottishlander 5]

It's not the NVC you need to please, it's Montreal. They're far more picky than the NVC is and want to see proof that you have a place to live, children are registered in schools, bank accounts are open, driver's license, proof of a job or job offer, etc... They likely would accept that you've booked and paid for a long term hotel while searching for an apartment.

You will need an address for the DS-260 for the green card to be sent to.

What I meant was we plan to book a long-term hotel for when we move. I.e. get visa, cross border, live in hotel, and get an apartment.

We can use the address of a relative in a different state for the green card.

[NikLR 13,227]

What I meant was we plan to book a long-term hotel for when we move. I.e. get visa, cross border, live in hotel, and get an apartment.

We can use the address of a relative in a different state for the green card.

I was quoting someone else. Sometimes using a different state address then where you plan to live can be a bad idea. USPS sometimes won't deliver if a person's name isn't on a list of people living at said address, so just be aware of that. You'll also have to file an AR-11 (or do an online change of address) and the petitioner will need to file an I-865 once you get a new address. The AR-11 must be sent within 10 days of getting this address by the beneficiary.

I was also just explaining that it wasn't the NVC you need to impress but the CO on interview day. The more you can do beforehand to show you're domiciled in the USA, the better. Montreal is one of the more strict consulates in regards to domicile. They don't accept what many would, but they don't have to because we share a border. It's pretty easy for someone to go get these things done compared to if you live in the UK or Oz for example. Basically they want to see you domiciled there, not just intending to reestablish domicile. They don't care if you're separated from your family for a few months to do it either. I'm just warning ya because it sucks to have to get that 221g and wait even longer to move.

[scottishlander 5]

Domicile is basically residing somewhere with the intent to stay for the indefinite future. So, if you pack up and get temporary lodgings to help you to find a place to live permanently, you have established domicile in the new area. The key is the intent. Getting a hotel for a short time with the intent to return to your domicile elsewhere would not count.

That being said, it does sound like Montreal is pretty strict. The legal standard is typically, "what would a reasonable person think about this?" If someone considers your evidence re: intent to re-establish domicile and feels you're really moving, that should be enough. A lease or job offer wouldn't be a deal-breaker in most cases.

[scottishlander 5]

FYI, I want to get through NVC without an RFE and hopefully have a lease and job offer by the time of the interview.

I was under the impression the NVC makes some judgement calls on whether you have enough evidence of intent to re-establish domicile and could send a RFE.

I just want to make sure I don't need a lease at the NVC stage.

Edited October 5, 2014 by scottishlander

[NikLR 13,227]

At NVC stage no. But for Montreal not having a job or a lease can be a deal breaker.

[canuckmoran 7]

Good morning everyone.

So we are at the stage of filling out the AOS. My question is does the pettioner who is the USC and been living in Canada for 3 years send in her US tax returns or Canadian tax returns? I would presume it would be Canadian since she will filing the form out with her Canadian income.

Advice would be appreciated.

Thanks,

[scottishlander 5]

Good morning everyone.

So we are at the stage of filling out the AOS. My question is does the pettioner who is the USC and been living in Canada for 3 years send in her US tax returns or Canadian tax returns? I would presume it would be Canadian since she will filing the form out with her Canadian income.

Advice would be appreciated.

Thanks,

Hi, no, they want to see the US returns that went to the IRS. Probably a 1040 with the 2555 will do it.

Also, NONE of her income counts (put $0 on the I-864) unless it was earned from a US source or it will continue in the US.

You will need a joint sponsor who lives and works in the US.

Edited October 22, 2014 by scottishlander

[canuckmoran 7]

Hi, no, they want to see the US returns that went to the IRS. Probably a 1040 with the 2555 will do it.

Also, NONE of her income counts (put $0 on the I-864) unless it was earned from a US source or it will continue in the US.

You will need a joint sponsor who lives and works in the US.

Hey Scottishlander,

My question was more related to filing the I-864 under the umbrella re-establishing domicile than having a joint-sponsor.

We have a prepared lease where we will be living, plus her/our US bank statements proving we are transfering money. So the case was which tax returns they want. The reason why I was asking was because I was told to put her current Canadian income in.

[AustinCanada 681]

I have my interview next Monday! I'm so excited!

I'm bringing the following documents with me! Let me know if I should bring more documents!

US Domicile (Intention to Return):

- Petitioner's Employment Letter (Stating that the company is allowing the petitioner to work from the US.)

- Petitioner's Recent Pay Stubs (for the last 3 months - We've already sent pay stubs for the last 6 months)

- Buyer's Agency Agreement (We have a buyer's real estate agent in Seattle)

- Mail Forwarding Receipt (from our address in Canada to the address in the US)

- US PO Box Receipt

- Bank Account Statement (We converted our savings from CAD to USD)

- Public Storage Receipt

- Hotel Reservation Receipt (Staying in a hotel in Dec)

- Contract of Purchase and Sale (We sold our house in Canada)

- Automobile Transfer Form (We sold our car in Canada)