Proving domicile when not living in the U.S.

[NikLR 13,227]

How did she go about proving residence at the DMV for Drivers License and Voter ID? How long did it take for each document?

I'm not sure I understand... can you please rephrase it? Especially the part I marked in red. Thanks!

Every state has particular rules for how to get a driver's license. Normally you need proof of residence. It would be an item that would be something that shows you live there. Since the USC did not maintain residential ties, they will have to establish them again. This would likely be based on their new address in the US.

[EdinErvina 2]

If I travel this year to the US to get my DL and voter's card what do I need to prove residency. My DL from the state I lived in expired long time ago. But we are not planing to move there. Is it enough if my friend writes a statement stating I will be living there to get a DL?

[NikLR 13,227]

Probably not. Check your state DMV for their regulations on a license. For instance in Colorado I had to provide a bank statement or utility bill. Each state has it's requirements.

[Ariaeeb 2]

in NYC, they didn't ask for anything.

[NikLR 13,227]

Thats why i said check the state DMV! Each state is different!

[Ariaeeb 2]

In my interview they asked for any kind of insurance like health, car, or house. Driving license, bank account, and other papers from NY did not help!

[NikLR 13,227]

In my interview they asked for any kind of insurance like health, car, or house. Driving license, bank account, and other papers from NY did not help!

Thanks for updating us on what they asked for!

[Pitaya 2,577]

~Rather than confuse things in Regional-specific forum, subject sidetrack attempt moved to new thread.~

Pitaya

VJ Moderation

Edited April 24, 2016 by Pitaya

[Ariaeeb 2]

You are very welcome NLR. I learned a lot here and feel like I have to share my experience so that someone can get benefit of it!

[goingbackusa 2]

Hi, this is my first post here. I'm grateful for this forum. I've been reading the threads & how strict the consulate in Montreal is on the domicile issue.

You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status.

I'm the USC and have already filed 1-130 petition for my Canadian husband. We have two children who have US passports. I need to "re-establish" my domicile (as stated above) and have started the process: However, I am a stay at home parent and my husband is the primary earner. My intent is to return to reenter the workforce once we are approved. We don't want to travel together as a family.

I'm preparing the documents to prove intent to reestablish domicile:

Assets: For 1-184 We are not using a co-sponsor so assets will be used to prove income. Sale of house, Pensions, Savings in US Account, Liquid Assets. (125% above poverty guideline)

Taxes- Can I send in copies of my taxes I filed while working in the US? dating back to 2004? I haven't filed taxes while in Canada since I have never worked in this country? I have requested up-to-date info from IRS & asked if I can file to be on record and get a copy with my name and address in US on file.

Voting- I have registered to vote ballot using my sister's address. I voted overseas in the past.

Driver's license- My US DL expired so I have applied to get a new one from DMV in State of New York

Credit cards - Have always maintained my credit card. Have added my husband to this account.

Checking Account- Will open a new checking account and transfer money when we visit in August.

Employment- Emails to prove I have applied for jobs to reenter workforce, hopefully I will have letter with an offer

Schools- Correspondence to Register children in school

Car- Either import or sell our car and get copy of car lease in US

Accommodation- Email to Real Estate agent to find us an home to rent in New Jersey

Contact Realtor and get a Contract of house up for Sale in Canada. Do we need to sell home now or can we wait?

Only issue here is my husband doesn't think his employer will relocate his work to US as it requires a security clearance for his line of work. He has applied for jobs may have to wait until visa is issued to get a SSN. This is hard when we don't have an actual start date?

Is this sufficient evidence to support our claim?
Would welcome your support. Thanks!

We don't want to travel together as a family.

I made an error in my previous post.

We actually want to move together as a family. Thanks!

[Lemonslice 4,805]

Not sure , but I think assets need to be 3 or 5 times the 125% poverty level.

[Groogrux108 14]

For a household of 4 people 125% of the poverty guideline is U$30.375,00; Since you are applying for your spouse it's 3 times that in assets: Total of U$91.125,00.

Regarding your plan it seems quite solid, but it is at the discretion of the officer, so no one can say for sure... some people get approved with virtually no evidence of reestablishing domicile, others have trouble even when going the extra mile. You seem like you've understood enough and will make a solid decision as to how far you can and should go now to diminish chances of denial. Good luck!

[oncefuturealien 45]

If you can't get the USD in a US checking account by the time of the interview (like you have to wait to sell your house or won't have proof of those funds available at that time), strongly suggest getting a co-sponsor. We ended up doing that since my USC husband's letter of employment wasn't specific enough about his transfer back to the US branch of his company, and his exact USD salary when we moved. We had a contract of sale for our house and proof that we would have lots of $$ over the required amount at the time of closing, but the time of closing was after the interview, so that wasn't good enough.

Also definitely get yourself squared away with the IRS. You are required as a USC to file your taxes even if you do not have any income. I guess Uncle Sam just likes to keep track of everyone. You will have to provide your IRS transcripts regardless.

Good luck

[Ariaeeb 2]

QUOTE (trailmix @ Mar 24 2009, 10:35 AM) <{POST_SNAPBACK}>

QUOTE (MacDude @ Mar 24 2009, 10:27 AM) <{POST_SNAPBACK}>

Thank you for doing the research!!

but the plot gets thicker... turns out that she may not have filed the 2007 return after all... but based on the IRS info you posted, I should be able to simply attach a note with actual amounts earned if anything and state they were below cutoffs... I just hope this does not weaken our case in showing that she is taking steps to prove domicile!

No problem.

I personally don't think that the U.S. returns will make a difference regarding domicile. I mean the basis for this is that she is trying to prove 'reestablishing domicile' - the whole - hey we are moving to the U.S. thing.

It doesn't make logical sense that filing a return when one is not required would help prove that. But then again, as you know, U.S. immigration is not logical

I think other supporting documents will be far more important though.

I tend to agree with you... especially about the not being logical part LOL

Thanks again!

When we went for interview in Montreal, he asked for anything that proves she moved to the US like any kind of insurance. You should know Montreal is notorious for being picky on domicile issue.

[NikLR 13,227]

Most of the time, Montreal wants proof the USC is already living in the USA. It's hard on families, but it's worse when the visa is up in the air because of that detail.