Proving domicile when not living in the U.S.

[NikLR 13,227]

Sounds good actually If you have any proof of the utilities being hooked up too, then that's icing on the cake.

[ssastry 6]

Reestablishing domicile:

My husband had his interview Dec 17 and was asked to provide more proof of domicile from me, the petitioner. I did have a firm job offer letter for the interview but that was not adequate since I am also living in Canada.

I just sent last week, more proof: apartment lease signed starting March 16; formal job offer for myself, starting May 1; children registered in school- letters from school district confirming this; one way flight tickets for myself and the kids; moving company contract; car shipping contract and paid shipping charges; utilities account initiation;phone and internet initiation; car insurance effective March 14 in California.

Loomis delivered the envelope Monday Feb 2, today my CEAC shows a status update Feb 5. Let us see if the proof I sent for reestablishing domicile is accepted.

NLR, others- any thoughts?

[gad33 47]

Montreal are getting really picky. The one thing that got me approved was the letter from my husband's employee stating that his job was inthe US. And he was still with me in Canada.

Anyway that's not of consequence to your question. You've got an apartment and a job with set starting dates and children registered in schools. This should be acceptable.

Although knowing Montreal they're going to ask for a selfie of you crossing the border.

[ssastry 6]

Are you serious about the selfie?!

Seriously though- I did send proof of flight tickets purchased for myself and the children (we are all US citizens).

Everything sent via Loomis Jan 30.

Montreal are getting really picky. The one thing that got me approved was the letter from my husband's employee stating that his job was inthe US. And he was still with me in Canada.

Anyway that's not of consequence to your question. You've got an apartment and a job with set starting dates and children registered in schools. This should be acceptable.

Although knowing Montreal they're going to ask for a selfie of you crossing the border.

[NikLR 13,227]

Reestablishing domicile:

My husband had his interview Dec 17 and was asked to provide more proof of domicile from me, the petitioner. I did have a firm job offer letter for the interview but that was not adequate since I am also living in Canada.

I just sent last week, more proof: apartment lease signed starting March 16; formal job offer for myself, starting May 1; children registered in school- letters from school district confirming this; one way flight tickets for myself and the kids; moving company contract; car shipping contract and paid shipping charges; utilities account initiation;phone and internet initiation; car insurance effective March 14 in California.

Loomis delivered the envelope Monday Feb 2, today my CEAC shows a status update Feb 5. Let us see if the proof I sent for reestablishing domicile is accepted.

NLR, others- any thoughts?

Sounds like you have all your ducks in a row now. Montreal is notoriously slow for responding to anything.

[canuckmoran 7]

Hey sasstry.

As a couple who is going through whole "reestablishing domicile" process I was curious to find what questions they asked you and/or your husband.

You seem to have a lot of proof. My wife and I do not have kids, but we do have a place to live (signed rental agreement) and her boss is providing my wife proof (letter) that he will assist in her transfer to a position within the company in the city we will be residing in.

But again I am curious of the questions you got asked. If you don't mind sharing.

All the best.

Reestablishing domicile:

My husband had his interview Dec 17 and was asked to provide more proof of domicile from me, the petitioner. I did have a firm job offer letter for the interview but that was not adequate since I am also living in Canada.

I just sent last week, more proof: apartment lease signed starting March 16; formal job offer for myself, starting May 1; children registered in school- letters from school district confirming this; one way flight tickets for myself and the kids; moving company contract; car shipping contract and paid shipping charges; utilities account initiation;phone and internet initiation; car insurance effective March 14 in California.

Loomis delivered the envelope Monday Feb 2, today my CEAC shows a status update Feb 5. Let us see if the proof I sent for reestablishing domicile is accepted.

NLR, others- any thoughts?

[ssastry 6]

Hello Canuckmoran

I went for the interview, however I was not permitted to stand at the counter with my husband, so I did not hear questions first hand. The interview was Dec 17, 2014. I have a firm job offer with a letter for start date of May 1, 2015. My husband had this letter with him and showed it to the CO.

It was too early for lease agreements because the area we are moving to (SF Bay area), most leases have a 30 day notice requirement, hence any potential lease coming up for April 2015, would be available to re-lease only in March 2015. Ditto for school registration- without lease, no public school registration possible.

Hence all I had was the job offer, 5 months into the future. I had the other requisites- tax returns filed each year etc.

My husband was eligible to file I-864W, having worked in the US for 11 years previously. Hence my financial sponsorship and domicile did not come up as it usually does, for people with I-864. The I-864W was accepted along with the social security statement as proof.

The CO told my husband that they want to see more proof that we are really moving- children registered in school was mentioned as one of the big things for our file.

In our case, it was a timing issue, my husband thinks. I filed the I-130 in Feb 2014. I expected that the interview would be in Feb 2015, by which time we might have well had all the other proof they want.

In short (sorry for the long winded explanation)- just a firm job offer was not enough, they wanted to see lease and school registration. We did have other usual proof that people post about- bank accounts, voter registration, taxes filed every year since I have been away (since 2008). I also had proof of maintaining my professional license in California, all these years. However these were not enough to prove reestablishment of domicile.

I will post back on this forum, when I see any movement on my file on the CEAC website. Feel free to PM me if you wish further information.

In your case I believe you have two big things already- lease and job offer.

Hey sasstry.

As a couple who is going through whole "reestablishing domicile" process I was curious to find what questions they asked you and/or your husband.

You seem to have a lot of proof. My wife and I do not have kids, but we do have a place to live (signed rental agreement) and her boss is providing my wife proof (letter) that he will assist in her transfer to a position within the company in the city we will be residing in.

But again I am curious of the questions you got asked. If you don't mind sharing.

All the best.

[canuckmoran 7]

Thanks for the providing some details. I always thought they put both individuals in a room together and ask questions.

Are you the beneficiary or petitioner?

Hello Canuckmoran

I went for the interview, however I was not permitted to stand at the counter with my husband, so I did not hear questions first hand. The interview was Dec 17, 2014. I have a firm job offer with a letter for start date of May 1, 2015. My husband had this letter with him and showed it to the CO.

It was too early for lease agreements because the area we are moving to (SF Bay area), most leases have a 30 day notice requirement, hence any potential lease coming up for April 2015, would be available to re-lease only in March 2015. Ditto for school registration- without lease, no public school registration possible.

Hence all I had was the job offer, 5 months into the future. I had the other requisites- tax returns filed each year etc.

My husband was eligible to file I-864W, having worked in the US for 11 years previously. Hence my financial sponsorship and domicile did not come up as it usually does, for people with I-864. The I-864W was accepted along with the social security statement as proof.

The CO told my husband that they want to see more proof that we are really moving- children registered in school was mentioned as one of the big things for our file.

In our case, it was a timing issue, my husband thinks. I filed the I-130 in Feb 2014. I expected that the interview would be in Feb 2015, by which time we might have well had all the other proof they want.

In short (sorry for the long winded explanation)- just a firm job offer was not enough, they wanted to see lease and school registration. We did have other usual proof that people post about- bank accounts, voter registration, taxes filed every year since I have been away (since 2008). I also had proof of maintaining my professional license in California, all these years. However these were not enough to prove reestablishment of domicile.

I will post back on this forum, when I see any movement on my file on the CEAC website. Feel free to PM me if you wish further information.

In your case I believe you have two big things already- lease and job offer.

[ssastry 6]

I am the petitioner, my husband is the beneficiary. I am the one with the job in the US, etc.

Thanks for the providing some details. I always thought they put both individuals in a room together and ask questions.

Are you the beneficiary or petitioner?

[canuk2usa 7]

I am the petitioner, but since I haven't worked in last few years in Canada I haven't filed anything with IRS (no income). I hope that won't be a problem (will be using my existing savings/assets for sponsorship part). They can't require me to backfile IRS with no income right?

[N-o-l-a 7,167]

I am the petitioner, but since I haven't worked in last few years in Canada I haven't filed anything with IRS (no income). I hope that won't be a problem (will be using my existing savings/assets for sponsorship part). They can't require me to backfile IRS with no income right?

You will have to write an explanation of why you did not have to file for those years, i.e. that you made under the income required to file.

[JJ Day 22]

Quick question. My plan is to prove that I'm in the process of re-establishing domicile in the US. I have some evidence for this already, and more on the way. My question is: on the I-864 do I put my country of domicile as USA or Canada? I'm living in Canada, so I want to be truthful and say Canada, with a plan to re-establish domicile in the USA. But I'm afraid my application will be sent back just for having put "Canada" on the form.

So for those who have successfully proven they are in the process of re-establishing domicile: what did you put on your I-864? Canada or USA?

Thanks in advance.

[NikLR 13,227]

Quick question. My plan is to prove that I'm in the process of re-establishing domicile in the US. I have some evidence for this already, and more on the way. My question is: on the I-864 do I put my country of domicile as USA or Canada? I'm living in Canada, so I want to be truthful and say Canada, with a plan to re-establish domicile in the USA. But I'm afraid my application will be sent back just for having put "Canada" on the form.

So for those who have successfully proven they are in the process of re-establishing domicile: what did you put on your I-864? Canada or USA?

Thanks in advance.

Nothing will be sent back if you put Canada. But at that point that is when you need to send the evidence that you're reestablishing your domicile.

[fbragasilva88 17]

Hey there people!

Does anyone have a sample letter, that would be written by our co-sponsor(mother-in-law) that states that my wife and I will be living at her house once we move to United States? That would be enough to prove reestablishment of residence?

My wife currently live with me in Brazil.

thanks!!

Edited March 9, 2015 by fbragasilva88

[sean.law 2]

I have a scenerio I'd like to inquire about that I believe haven't been touched on before in this thread. I'd also like some advice on K-1 vs CR-1 as we're engaged but not yet married. My spouse is the petitioner.

We currently work in Canada and we were thinking that since we live near the border, my spouse can work/live in the US while I keep my job on the Canadian side. We could get married, and then begin the CR-1 process. Since she lives/works in the US, the I-864 establishing domicile clause is already in our favor. Suppose I am granted the CR-1, I would then have to cross the border to initiate the process of receiving the green card. NOW. At this point, do I need to quit my job, get rid of my apartment, etc. and begin living at her US address? Or can I come back to Canada, keep my job/apartment, and wait until I receive my green card (mailed to my spouse's US address) before going back into the US? Ideally, I'd like to hang on to the green card in Canada, apply for work in the US and land a job, before actually going back into the US. However I feel like once I've received the green card I need to reside in the US.

Also, given my ituation, I'm wondering if going the CR-1 route will be the most successful/speedy. If my spouse is working/living in the US then I could also go the K1 route, but it's my understanding that the processing time on this one is much longer. Any advice?

Edited March 26, 2015 by sean.laub