Proving domicile when not living in the U.S.

[NikLR 13,228]

You have a green card immediately upon POE when you have a CR1 or IR1 visa. The visa in your passport is stamped and that endorsement turns the visa into a temporary green card valid for 1 year. At that point in time you should be trying to reside in the USA. You have 6 months from the medical date in which to use the visa initially so if you have things you need to do, that is the time in which you have to do them.

Also you can live in the USA and work in Canada, the hard part is that you'll have to file taxes in both countries.

[ssastry 6]

NLR and others with experience:

In AP since Dec 17 interview, for proof of domicile. In end Jan, I (petitioner) submitted lease, petitioner's job offer, school registration, documents received by consulate Feb 5. The case status updated a few times.

Then March 15, I moved back to the US, and sent an email enquiry because I moved back to the US and reestablished domicile, my children started school, etc.

March 19, I received a reply saying my file is being reviewed. Same day one hour later, I received a request for information, and instruction to reply to the question via email. I replied within an hour on March 19.

One week later, March 25, I received an email acknowledgement saying "the consular officer will review the documents you submitted". The CEAC status check says the same "administrative processing".

Any thoughts or advice? My husband is a Canadian citizen.

The medical exam expires May 18 (done Nov 18, 2014). I am worried that the consulate will continue dragging its feet, and then say that the medical needs re-done. My husband is in a hotel in Toronto, awaiting return of his passport. I have to start work, and my job involves night and odd hours work in a hospital, so I need another adult (i.e. my husband) at home to leave my elementary school children and go take care of my patients.

Any advice welcome.

[NikLR 13,228]

Contact your Senator. That's far too long for simple domicile.

[ssastry 6]

Thanks I just Pm-ed you.

I am in the process of contact my congressional rep.

Contact your Senator. That's far too long for simple domicile.

[ssastry 6]

NLR:

Just FYI, I contacted the congresswoman, and her aide sent an enquiry to the consulate Thursday April 2 afternoon. The consulate is closed Friday April 3 and Monday April 6 for Easter, so I do not expect any response before Wed/Thursday.

The latest correspondence from consulate is as follows:

March 30- "The consular officer is working on your file. You will get an updated status as soon as the review is complete"

March 31- I sent additional domicile reestablishment proof via email- California driver license and car registration.

April 1: "Thank you. We have sufficient proof of domicile".

Any other thoughts? My husband is fourth generation Canadian, does not have of the professional or other red flags for security processing, and has an extremely uncommon name of Ukrainian/Polish origin.

Thanks I just Pm-ed you.

I am in the process of contact my congressional rep.

[NikLR 13,228]

NLR:

Just FYI, I contacted the congresswoman, and her aide sent an enquiry to the consulate Thursday April 2 afternoon. The consulate is closed Friday April 3 and Monday April 6 for Easter, so I do not expect any response before Wed/Thursday.

The latest correspondence from consulate is as follows:

March 30- "The consular officer is working on your file. You will get an updated status as soon as the review is complete"

March 31- I sent additional domicile reestablishment proof via email- California driver license and car registration.

April 1: "Thank you. We have sufficient proof of domicile".

Any other thoughts? My husband is fourth generation Canadian, does not have of the professional or other red flags for security processing, and has an extremely uncommon name of Ukrainian/Polish origin.

Now that the domicile is complete they should get back to you soon about an issued visa. Keep on it.

[canuckmoran 7]

Hey everyone.

Our application got checklisted and with the way the processing times are going we might not be ready by June 1st, so how does this delay affect out domicile proof documents - our rental agreement for June 1st? Any thoughts?

[canuckmoran 7]

Quick question.

If our claim of re-establishing domicile is rejected at the interview stage will we have an opportunity to submit additional proof of support (i.e. financial support from family)?

[NikLR 13,228]

Quick question.

If our claim of re-establishing domicile is rejected at the interview stage will we have an opportunity to submit additional proof of support (i.e. financial support from family)?

Yes they will give you a 221g, a timeline to respond and ask for more evidence. However another member here is still waiting for visa issue after a 221g in December.

[rubydubydo 0]

I have filed a I-130 for my husband. He has had his interview at the US consulate in Montreal on December 18th and they asked for further proof of domicile from me. I have been living with my husband in Canada temporarily for the last year and a half. We do plan to move to the states together once he receives his US visa. Since the interview at the consulate we have provided numerous explanations and documents proving my stay in Canada is temporary and that I intend to go back to the US.

For example, I have secured a place of residence in the US (gave immigration the lease agreement), am a registered voter, have an active US bank acct, actively seeking jobs in the US and evidence of my temporary status and employment in Canada. Even after submitting all this evidence the consulate has said it is not enough. I asked them if resinging from my job in Canada would meet their requirements to which they replied that it was not required. We do not have children to register in school and I have been applying for jobs in the US but no luck on that as of yet.

I am not sure what else I can do. Do you have any other suggestions as to what steps we can take?

[canuckmoran 7]

Good morning.

Just a two quick questions of clarification. I feel your pain, this is what my wife and will have to face. We will have to prove that she is reestablishing domicile, like you we don't have any children, but we have secured a place, her employer is assisting in her getting he relocated to the US.

1) Was your interview in Montreal after your case was completed at NVC? 2) Were you proving your stay was temporary or were you proving you are reestablishing domicile?

Again, I feel your pain. What more can someone do, especially if they don't want you to quit your job and go back to the US first....that is frustrating.

Richard

I have filed a I-130 for my husband. He has had his interview at the US consulate in Montreal on December 18th and they asked for further proof of domicile from me. I have been living with my husband in Canada temporarily for the last year and a half. We do plan to move to the states together once he receives his US visa. Since the interview at the consulate we have provided numerous explanations and documents proving my stay in Canada is temporary and that I intend to go back to the US.

For example, I have secured a place of residence in the US (gave immigration the lease agreement), am a registered voter, have an active US bank acct, actively seeking jobs in the US and evidence of my temporary status and employment in Canada. Even after submitting all this evidence the consulate has said it is not enough. I asked them if resinging from my job in Canada would meet their requirements to which they replied that it was not required. We do not have children to register in school and I have been applying for jobs in the US but no luck on that as of yet.

I am not sure what else I can do. Do you have any other suggestions as to what steps we can take?

[NikLR 13,228]

I have filed a I-130 for my husband. He has had his interview at the US consulate in Montreal on December 18th and they asked for further proof of domicile from me. I have been living with my husband in Canada temporarily for the last year and a half. We do plan to move to the states together once he receives his US visa. Since the interview at the consulate we have provided numerous explanations and documents proving my stay in Canada is temporary and that I intend to go back to the US.

For example, I have secured a place of residence in the US (gave immigration the lease agreement), am a registered voter, have an active US bank acct, actively seeking jobs in the US and evidence of my temporary status and employment in Canada. Even after submitting all this evidence the consulate has said it is not enough. I asked them if resinging from my job in Canada would meet their requirements to which they replied that it was not required. We do not have children to register in school and I have been applying for jobs in the US but no luck on that as of yet.

I am not sure what else I can do. Do you have any other suggestions as to what steps we can take?

Looks like they want you working in the USA. I would resign and move if possible.

[sean.law 2]

How long does the petitioner need to be living in the US? How long do they need to be working? In evaluating the petitioner's ability to support the immigrant and meet the 125% of the poverty line, what kind of information will satisfy the consulate? Does the petitioner need to be able to show that amount on their US taxes, or if they've been working only for a few months, would a pay stub be sufficient?

[rubydubydo 0]

Hi Richard,

Thank you for your response. Yes, it is very frustrating and overwhelming. I hope that you and your wife don't have to go through the same agonizing process.

To answer your questions:

1- My husband had his interview in Montreal after the NVC completed the case. We received an email with the interview date two days after the NVC's email regarding completion.

2- I was trying to prove both to them actually if that makes sense I wanted to provide as much proof as I could and the lady who interviewed my husband said that I just needed to provide a letter explaining my temporary status in Canada and prove of it. Now I know that they need way more than that so the info they give is very vague and misleading.

-Ruby

Good morning.

Just a two quick questions of clarification. I feel your pain, this is what my wife and will have to face. We will have to prove that she is reestablishing domicile, like you we don't have any children, but we have secured a place, her employer is assisting in her getting he relocated to the US.

1) Was your interview in Montreal after your case was completed at NVC? 2) Were you proving your stay was temporary or were you proving you are reestablishing domicile?

Again, I feel your pain. What more can someone do, especially if they don't want you to quit your job and go back to the US first....that is frustrating.

Richard

[rubydubydo 0]

Thanks for your response. I've been dreading having to do that but now I think that's the only option I have left. I'm going to have to start planning my move back to the USA soon. It's such a burden in so many ways especially financially.

Looks like they want you working in the USA. I would resign and move if possible.