Proving domicile when not living in the U.S.

[scottishlander 5]

reading the instructions, seems to say that I need 3xtimes poverty, not 5 times.

Please see this:

10. Total Value of Assets.

In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is an alien orphan who will be adopted in the United States after the alien orphan acquires permanent residence, and who will, as a result, acquire citizenship under section 320 of the Act, the total value of your assets need only equal the difference.

Example of How to Use Assets: If you are petitioning for a parent and the poverty line for your household size is $22,062 and your current income is $18,062, the difference between your current income and the poverty line is $4,000. In order for assets to help you qualify, the combination of your assets, plus the assets of any household member who is signing Form I-864A, plus any available assets of the sponsored immigrant, would have to equal five times this difference (5 x $4,000). In this case, you would meet the income requirements if the net value of the assets equaled at least $20,000.

By reading the above, it seems to say 19662x3=$58986

anybody want to throw in their 2 cents please.

Yeah, the 5x is for a non-spouse or child. 3x should do it.

[JJ Day 22]

I'm curious as to why a USC living in the USA does not have to provide proof of domicile, yet a USC living in Canada has to either prove domicile or the intent to re-establish domicile. Of course it's a terrible idea to be untruthful on any immigration application, but does simply putting an American address on the forms (even if the USC is residing in Canada) mean that no proof will be requested? If so, that seems strange.

[Flames9_RN 358]

I'm curious as to why a USC living in the USA does not have to provide proof of domicile, yet a USC living in Canada has to either prove domicile or the intent to re-establish domicile. Of course it's a terrible idea to be untruthful on any immigration application, but does simply putting an American address on the forms (even if the USC is residing in Canada) mean that no proof will be requested? If so, that seems strange.

Guessing the consulate would figure it out when they look at the USA citizens tax records......

[JJ Day 22]

Of course, that makes sense. I just received advice that confused me, saying I could move to US a few days before my husband's interview and domicile would not be an issue. Clearly that would not be the case, as my address would be Canada on the tax returns. So I would still have to prove domicile even though I'd be living there.

This whole thing is really crazy. We can't afford to pay rent on 2 apartments, one in Canada and one in the US. So proving domicile and getting a lease, job offer, license, etc is difficult when we can't pay for a trip to the US until we move. We can't really afford to make plans until he has a visa in hand. Catch-22, so hopefully we can make a good case for re-establishing domicile.

[goinbackintime 0]

What if the US Citizen doesn't have any tax records, in our case petitioner has been unemployed during last few year and will be using existing assets/savings to satisfy the affidavit of support requirement.

And anyway, what does "living in US" really mean?

If petitioner files the i130, then immediately goes to the US, signs rental lease, gets car & car insurance, then comes back to Canada. Then just goes back and forth during application process. Wouldn't that satisfy meaning of living in US (with regards to domicile proving requirement)?

Edited January 21, 2015 by goinbackintime

[NikLR 13,227]

Likely it would.

They want to know you've reestablished domicile or made enough of an attempt to do so. Generally if the petitioner doesn't work, then you need a place to live and register the kids (if applicable) in school etc... If you do work sometimes even a firm job "offer" isn't enough, they want to know you've started and have a place to live down there. Montreal can be as picky as they like about it and we really cannot do anything about it but try to acquiesce to their demands. Because Canada and the USA share a rather large border, it's not like an embassy from a country overseas. They don't care that you don't want to be separated. They don't care that it's hard, or costs more money, or anything that makes us balk at having to do it. This is one of those things where if you want something, you have to suck it up and give them what they want to get what you want.

[NikLR 13,227]

Of course, that makes sense. I just received advice that confused me, saying I could move to US a few days before my husband's interview and domicile would not be an issue. Clearly that would not be the case, as my address would be Canada on the tax returns. So I would still have to prove domicile even though I'd be living there.

This whole thing is really crazy. We can't afford to pay rent on 2 apartments, one in Canada and one in the US. So proving domicile and getting a lease, job offer, license, etc is difficult when we can't pay for a trip to the US until we move. We can't really afford to make plans until he has a visa in hand. Catch-22, so hopefully we can make a good case for re-establishing domicile.

Yes you'd have to prove you have a place to live, a job to start (or that you've been job hunting), a US driver's license, voter registration card, car insurance, health insurance, etc... bank accounts help too.

You have to be able to afford it. This isn't something you can't not afford to do because if you do not convince the CO then your visa is in limbo. It's not issued until you show them you've done all that you can to reestablish domicile and they are satisfied. That's why this thread exists, because people are put into AP all the time for this issue in Montreal. You can live with family if you want, but you need a letter from all those involved (preferably a lease agreement) about what is going on. That doesn't mean you need to move all your stuff, it means you need to show on paper that this is happening, is a reality, that you, as a USC, will be living in the USA without doubt.

[Cali&Cairo 0]

Does the job offer has to be official or on a company letter head?

[scottishlander 5]

It doesn't have to be but making it as official looking as possible couldn't hurt.

[Cali&Cairo 0]

Have they adk you of any kind of domicile proof? What kind of proof you preparing please?

[canuckmoran 7]

Good morning everyone.

For those who are working towards proving domicile, I am interested to hear how you are job hunting and how you are explaining to potential employers your immigration situation.

The reason why I would like to hear from people is because I have been reading some posters have job offers.

Any stories or direction would be appreciated.

Thanks,

[NikLR 13,227]

You have to be prepared to move down and accept the job if they won't wait for you. (I assume you're the US petitioner.) Really accepting a job offer and having a place to live in the USA solves ALL your domicile issues.

[canuckmoran 7]

You have to be prepared to move down and accept the job if they won't wait for you. (I assume you're the US petitioner.) Really accepting a job offer and having a place to live in the USA solves ALL your domicile issues.

Actually I am beneficiary, my wife is the USC. I assume then according to your statement above, the stories I have been reading about people having job offers are the petitioners/USC.

Right now, we have a place to live (lease agreement), money in her/ours US Bank account (continuous transfers), and her boss has advised her that he will assist in finding her a job within the company at a US location where we will be living. Plus we have all the smaller pieces of evideince; state id, tax returns, letter submitted to our landlord that we will be moving once our paperwork is finalized. I am hoping all this proof is enough.

Now were just waiting for tax transcripts from the IRS - having them mailed, because something is wrong with their online service.

Anyway, thanks for replying.

[NikLR 13,227]

Your USC wife should get a letter from her boss saying he will be helping find a job within the company. That would be some icing on the cake. Internal transfer and a lease plus a driver's license/state ID in the USA. (Tax returns are nothing, all USC's need to do a take return no matter where they live.) Montreal doesn't care that you have informed anyone in Canada that you're moving, they care about where you'll be and what you'll be doing once you reach the USA and they want FIRM plans and proof. Sounds like you have it.

If you want to know more about beneficiaries trying to have job offers in the USA, there is a separate forum further down for that.

[JJ Day 22]

Here's where we're at:

My husband and I would like to stay together in Canada and only move once, so we are going to try the re-establishing domicile route first and cross our fingers. What I have now is:

- A lease for an apartment for July 1.

- A receipt for the security deposit and first month's rent, which I have paid.

- A job offer letter, as well as my acceptance, starting July 6.

- Bank statement from my US bank account that I kept open (and used) the entire time I've been in Canada. Statements for this account are already being sent to my new address in the US and being collected by a friend.

I am also taking a trip to the US next month, at which time I will surrender my Canadian driver's license and get a US driver's license. We do not have kids so I cannot register them in school. I tried to register to vote with my new address, but they will not allow it until I have physically lived there for at least 20 days.

Do you think this is enough proof for the interview? Like everyone on this forum, I am very paranoid about the whole domicile situation. Thanks in advance!