Proving domicile when not living in the U.S.

[NikLR 13,227]

If anything changes between NVC and interview, the CO at interview must be informed. So should the USC move back between that time a new I-864 would need to be submitted.

[canadianinjapan 0]

Hello, I have read everyone's recommendations and situations on here. My husband is a Canadian citizen I am a USC. We currently live in Japan together and have been living in Japan since 2012. We are leaving Japan in September of this year. My husband's interview will be in Montreal as we were not sure whether everything would be processed quickly enough to have it in Japan. In Sept. I am returning to the US and he will go to Canada and stay with family until we finish the process.

I am currently gathering evidence of domicile or intent to prove domicile in the US and scared because Montreal is strict. The items I have are:

1)Bank account-I have updated the addresses recently to go to my permanent address

2)Savings account

3)proof of money transfers from Japan to US

4)letter from my mother-we will be staying in her house

5)voter registration card

6)a letter stating that I will be taking up an apprenticship upon returning to the US and contact information from my boss etc

7)credit card statements

8)flight/travel itinerary-leaving Japan

9)resignation from my job in Japan

10)our lease expiration-Japan

We are moving basically from Japan to the US, so I was following the intent to establish domicile. Is there anything else that I can work on getting to show them that I will be working and living there? Any help input anything would be greatly appreciated.

[NikLR 13,227]

That sounds fine, but you may want to make sure you have a driver's license from the USA by the time of the interview.

[canadianinjapan 0]

Hi, Thanks for the quick response. I will be getting my driver's license as soon as I get back.

[prolixus 6]

Hello

I've never posted on this site before, but I've reviewed it like crazy for the past year. Had my interview in Montreal on Aug 19 2015. I posted a giant review on the reviews section for the consulate on here, but just wanted to make a special post for this section.

Domicile was a huge issue for us. I applied for the IR-1 visa, my spouse and I have been married for over 4 years. She has been with me in Canada for all of them.

I had a glossary she made of all the docs she had. We had a lease from her mom, proof that she was looking for employment (email form), voters card, letter from canadian employer stating she was resigning, and letter proving relinquishment of canadian residence. All the CO needed was the glossary we made detailing all we had, he never actually needed to see everything even though I had it all there, didn't even need to see the lease. Although he wanted to know and for me to state that I actually had it there with me.

I really hope this helps people in the future. People shouldn't get denied for domicile. There's a lot you can do to prepare for it, and if you actually have a place to stay in the US and an address to give, you should be able to get a lease. Find the template for your state online and have the home owner or whoever fill it out with you. The CO who interviewed me stated that he hated denying people, but has no choice when they simply don't have the documents.

[ssvanhuis512 0]

We are sort of the same boat, just starting this process. We want to get his green card (I'm American- hubby is Canadian) but we want to have A JOB FIRST! I will be a stay at home mom and my dad will say he will sponser etc. But we don't want to pack up and move until he has a decent teaching job! How the heck do we go about all this then? Because it would really help a potential employer if he applied as a PR or had the stamp of approval! Thanks in advance!

[prolixus 6]

Hi ssvanhuis512. I'm not sure if you question is directed at me or not, but I'll try and answer it anyway. Your husband will probably not be able to set up a job before he actually has the immigrant visa. Especially because he is the immigrant, he will probably not be able to apply for jobs until he has the visa in hand. You should probably be more focused on getting the visa first before searching for a job. Once he is granted the visa, they are usually valid for six months, so you'll have that much time to search for a job before actually leaving, for your husband at least.

[ssvanhuis512 0]

Thanks Prolixus. I appreciate the answer. Makes sense of course. How long has it been taking everyone to get the process really going? Ideally we would like this to go through by December 2016. That way we have January to June of 2017 to job hunt, as that's when teaching jobs pop up. Does all this take about a year or do spouses get it done a bit quicker? Just an average guess would be awesome.

[jpeach 0]

Hello lovely people, I am a USC married to a CAC; we live in Canada together in a house I presently own. I just got my NOA2/I-30 approval last week. I'm now trying to prepare for the next steps. I fully intend to move to the US before my husband's interview but I'd (obviously) like to delay it as long as possible. How can I make sure we even get to the interview stage? My current plan is this:

I visit my home state this (2015) winter and establish a bank account, driver's lisence (using a friend's address?), and voter card. I could also get a letter from my Canadian employer stating that I am employed on a temporary (maternity leave coverage) basis and they are aware of my intent to move home when the lady returns from her maternity leave (est. July 2016). I've also got a USC joint sponsor with plenty of US income at the ready to file a I-864 for me.

Would this be enough to get us through the NVC stage? Then, before his interview I will move to my home state permanently and have job & lease info for him to provide the consulate.

How does that sound?

Edited September 29, 2015 by jpeach

[jpeach 0]

Sorry, that's a stupid question. I know all the things on this thread that are listed out. I'm confused mainly because it seems like everyone is talking about proving domicile at the interview and now I see it's needed at the NVC stage. Just getting mixed up on what is needed when.

I'm going to just proceed with all the steps right up to the AOS package and see what the timeline is like then and either move or visit to set up a residence at the time of sending out the AOS.

[gad33 47]

You do have to show intent to restablish domicile and if you do not send in documentation showing this then you will be asked for it. On the US.gov website they list what sort of things they are looking for.

It's at interview stage that Montreal gets picky and would realy prefer that the USC was back in the US.

[Ariaeeb 2]

Does anyone have a sample formal NYC lease agreement? Can we set the lease agreement even though we are not paying any rent?

The problem is, my aunt that we will be staying with receives social assistance, and therefore cannot have any legal documents showing that she is receiving rental income. Please note, this is just to satisfy the NVC requirements - In actuality, my wife will be living in New York by the time of the interview. Any suggestions?

[NikLR 13,227]

She doesn't need a lease, she can write a letter stating you will be living with her if you have a successful immigration journey.

[Ariaeeb 2]

Thank you NLR, we appreciate your help.

[Ariaeeb 2]

Here is our list for proof of domicile. What do you think?

1) Bank account (Saving, checking, and Credit Card) - we have updated the addresses recently to go to my permanent address

2) A letter from my aunt stating we will be staying at her house

3) Voter registration card

4) A letter that shows USC work contract will be expired at March 2016

5) A library card

6) NYC learner's permit

7) 4 quotes from moving companies.

* We don't have kids to register.

* USC will be moving to US before interview this is just to please NVC.

* We own the apartment we are living in so we don't have lease termination letter, and we don't want to sell it either.

We just want to transfer a little bit money over given the fact that CAD is too low now. Would this be a problem for us?