Proving domicile when not living in the U.S.

[canuckmoran 7]

I just have a very elementary question.

Is there a difference between proving domicile and re-establishing domicile, in regards to the paperwork necessary for proof?

I ask because I have been reading people's past posts and their horrible experiences. I just want to see if there is anything else I can do in advance of our interview.

I dread the possibility about my wife moving back to the US, especially when it isn't clear she needs to do that if we get denied.

[NikLR 13,227]

I just have a very elementary question.

Is there a difference between proving domicile and re-establishing domicile, in regards to the paperwork necessary for proof?

I ask because I have been reading people's past posts and their horrible experiences. I just want to see if there is anything else I can do in advance of our interview.

I dread the possibility about my wife moving back to the US, especially when it isn't clear she needs to do that if we get denied.

Montreal is strict about domicile. Many Embassies and Consulates around the world will accept proof that you're reestablishing your domicile or making the attempt to do so. But Montreal pretty much wants the US petitioner to be living in the USA by interview time or have proof that they will be after the interview. A job, a place to live, kids registered in school already... things you would do if you were already living there. They really don't care that it separates a family. They don't care that it's financially hard. They just don't care about the family aspect of it at all. All they see is that the border is RIGHT there and the USC can easily move back (in their minds, it must be easy... HA!!!! /rolleyes) Pretty much the only reason anyone gets a 221g if they are a multi-generation Canadian citizen is because of domicile. Occasionally it's a sponsorship issue but most of us aren't stupid and find a joint sponsor if necessary by the NVC stage. Otherwise Montreal is a cakewalk IMO. The chances of being denied there for anything else is pretty slim. There are occasional instances of AP, but generally because of the field of work the Canadian citizen may be involved in (pharmaceuticals, biological, chemical...etc..) or because they have a common name from a high fraud country. Most people get their passports back within 2 weeks.

[gad33 47]

There are two problems with Montreal and domicile - 1) they are way stricter then other counties; 2) they are nor consistent in what they require.

Some officers seem to want nothing less than the USC living in the US before they grant a visa. (There was one person who had job, lease, children registered but wasn't physically in the US so the visa wasn't issued at interview.) Others will accept job and/or lease.

The difference between domicile and re-establishing domicle is that with the first one the USC is (back) living in the US and the second is that they have everything needed to move back. Many spouses do move to the US before interview so that domicile has been established and proof provided at interview stage.

In domicile cases you just have to be prepared as possible - lease, job and all the other minor things and hope that the officer will grant the visa. Unfortunately, they are not very helpful in telling you what you need to do to prove domicle and they are certainly not going to tell people that they have to leave their jobs even though it is pretty obvious that is what has to be done to move to the US.

[ssastry 6]

NLR, others, please give me your expert opinion on my next steps.

My husband's visa is still in AP for domicile. I moved back to the US a month ago, submitted extra proof, the consulate confirmed that they have sufficient proof of domicile, however still in AP.

April 2- my congresswoman's aide sent an enquiry about the visa status.

Here is part of the reply just received today (April 9) from the consulate:

We are pleased to inform you that according to our records the Visa Unit of the U.S. Consulate General in Montreal has received the additional documents sent in by the applicant. The case is now pending review of the adjudicating consular officer. The adjudication process generally takes a little more time for immigrant visas. The Visa Unit of the U.S. Consulate General in Montreal commits to review cases within eight weeks from the date they receive the requested documents. We will forward your request to the Visa Unit with a kind request for priority processing. As soon as the review is complete, we will provide your office and your constituent and beneficiary further details regarding the status of the immigrant visa application.

What next? How long should I wait for the review? I am concerned that my husband's medical exam expires May 18, and if the visa is not issued fairly soon, the consulate will demand another medical exam, and then take another 8 weeks after submitting new medical, on and on it goes.

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

[Dr. Watson 0]

I am currently building a house that my fiancee and I will be living in once we're married. Anything special I need to consider, when proving domicile? Because, right now, it's (obviously) not my primary residence, and won't be until we get married. Do I just submit pictures of the home being built? Should I have a mailbox set up so mail,bills, etc. that I can photocopy can start arriving there before I even live there?

[fbragasilva88 17]

Guys could someone please help me making a letter to my mom saying that my Husband and I will be living with her for some time after approval?

I already wrote one saying that I maintained US bank account, Voter Registration, SSN and Drivers license.

Edited April 17, 2015 by fbragasilva88

[ssastry 6]

NLR, other long term readers of this forum:

I am still waiting for my husband's visa. Does anyone remember how long WaitingforOrgeon waited last year after moving back to the US from Canada, with her kids? She was also denied for domicile, moved back May 2014 to reestablish domicile, and then no more posts from her. I have PM-ed her a couple days ago.

I moved back mid-March 2015, all documents received by consulate March 25, still no action on visa.

Last reply from consulate to my enquiry says "your application is still under review."

[canuk2usa 7]

After reading ssastry's and others' domicile headaches at Montreal, I am thinking that before we mail the AOS/IV/i864 package, I (petitioner) will move to the States. Will have an address & lease contract by then.

Has anybody tried this strategy? To move to the US at NVC stage and provide them that address? (I already have things like driver license, bank account, voter registration)

Would this help my husband not to be denied during the interview in Montreal?

Obviously it is very inconvenient for me to separately move during NVC, but I will do it, if it takes domicile question out of the pictures.

[NikLR 13,227]

I highly suggest moving before the interview, updating the I-864 and provide proof of domicile at interview. Only the CO can decide if your domicile is good enough.

NLR, other long term readers of this forum:

I am still waiting for my husband's visa. Does anyone remember how long WaitingforOrgeon waited last year after moving back to the US from Canada, with her kids? She was also denied for domicile, moved back May 2014 to reestablish domicile, and then no more posts from her. I have PM-ed her a couple days ago.

I moved back mid-March 2015, all documents received by consulate March 25, still no action on visa.

Last reply from consulate to my enquiry says "your application is still under review."

Have you contacted a senator or congressman yet?

[ssastry 6]

NLR:

Yes I contacted the congresswoman, her aide contacted the consulate and received a reply on April 9, saying the following:

We are pleased to inform you that according to our records the Visa Unit of the U.S. Consulate General in Montreal has received the additional documents sent in by the applicant. The case is now pending review of the adjudicating consular officer. The adjudication process generally takes a little more time for immigrant visas. The Visa Unit of the U.S. Consulate General in Montreal commits to review cases within eight weeks from the date they receive the requested documents. We will forward your request to the Visa Unit with a kind request for priority processing. As soon as the review is complete, we will provide your office and your constituent and beneficiary further details regarding the status of the immigrant visa application.

However, nothing has happened since April 9. The congresswoman's aide got back to me just this past week, saying that they have not heard anything further, and it will take its time, nothing further that they can do. The additional documents they refer to was when I moved back to California, and sent them proof, which was acknowledged by the consulate March 25.

I highly suggest moving before the interview, updating the I-864 and provide proof of domicile at interview. Only the CO can decide if your domicile is good enough.

Have you contacted a senator or congressman yet?

[NikLR 13,227]

So this means you should hear a reply by May 6th (ish).

Wow they're slow.

[ssastry 6]

Thanks for replying, NLR. I will update on this forum if/when I hear something from the consulate. May 6 or so would be great.

My husband's visa medical expires May 18/19. I am now worried that when it comes time to issue a visa, the consulate will ask for updated medical, and further push back the visa. I emailed the consulate last week, and told them that my husband can activate the visa the day he receives it. He is waiting in Toronto, and can easily drive to Niagara Falls to POE.

So this means you should hear a reply by May 6th (ish).

Wow they're slow.

[sean.law 2]

After reading ssastry's and others' domicile headaches at Montreal, I am thinking that before we mail the AOS/IV/i864 package, I (petitioner) will move to the States. Will have an address & lease contract by then.

Has anybody tried this strategy? To move to the US at NVC stage and provide them that address? (I already have things like driver license, bank account, voter registration)

Would this help my husband not to be denied during the interview in Montreal?

Obviously it is very inconvenient for me to separately move during NVC, but I will do it, if it takes domicile question out of the pictures.

I believe this would be the best plan to follow! That way on your AOS you can list that address and I suppose they really couldn't fuss about anything domicile related. I assume you'll be working there as well?

Another strategy would be to move/find a job before the interview but after the AOS is sent in? It seems like this might buy you more time with your husband. Although if they schedule an interview sooner then expected and you're still trying to sort things out that could be trouble. In my situation my wife (fiance at the moment) is likely going to begin looking for work once we send in the I-130 (we haven't started yet).

[ssastry 6]

Ruby

Any progress on your case?

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.

[rubydubydo 0]

HI Ssastry,

Sorry to hear the Consulate is still taking its time with your file.

I had contacted my local Congresswoman for assistance with my file but was told that it would take 6-8 weeks for me to hear back from the Congresswoman's office. And before I could ask the assistant any questions, she just hung up the phone. I don't know of what help they'll be but I'd give it a try.

Also the Consulate recently informed me that I needed to submit additional evidence of domicile and for example should take concrete steps to secure employment in the USA. For me, that is a lot easier said than done. Actively searching for jobs but still no luck yet.

I was planning on going back to the US next month however, just found out that there is a possibility my husband may be laid off from his company soon. That has left me rethinking what to do as I cannot afford to lose my current job at the moment.

So that is the progress or lack thereof on my case. Not sure what will happen.

-Ruby

Ruby

Any progress on your case?