Proving domicile when not living in the U.S.

[Groogrux108 14]

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

Where did you get that the money should be in a US bank account? all you need to prove is that the assets can be made available in the US within any 12 month period. For example showing the money in a foreign bank account and providing legislation that that country allows wire transfers to the US of such an amount. Things like that. I've never read anything back what you are stating here.

[oncefuturealien 45]

Where did you get that the money should be in a US bank account? all you need to prove is that the assets can be made available in the US within any 12 month period. For example showing the money in a foreign bank account and providing legislation that that country allows wire transfers to the US of such an amount. Things like that. I've never read anything back what you are stating here.

I got it from the horse's mouth: the man conducting my interview at the US Consulate in Montreal. He wanted that cash in a US bank account, liquid. My husband's US 401K wasn't good enough.

The 221(g) sheet he gave me also specifies "evidence of US assets at $xx,xxx" where US assets means assets in the US.

[NikLR 13,227]

Where did you get that the money should be in a US bank account? all you need to prove is that the assets can be made available in the US within any 12 month period. For example showing the money in a foreign bank account and providing legislation that that country allows wire transfers to the US of such an amount. Things like that. I've never read anything back what you are stating here.

Montreal is more strict than other consulates and embassies. Thats why this thread is in a regional forum.

[Groogrux108 14]

OK guys thanks! I had heard that they (Montreal) were more strict and take more convincing but I didn't know they would demand such a thing, and I was concerned since I will be applying with assets and thought I had my plan figured out!

Hopefully I won't be asked to do the same..

[jpeach 0]

Folks I need your quick opinions om this idea. My husband has his interview date and I am trying to get additional proof of (intent to re-establish) domicile for his interview. What I already have given them: Car title, car insurance, US cell phone plan, bank account and transfering of funds into it, proof that my Canadian job is soon ending.

Additional proof that I'd like to provide:

1. A letter explaining that to travel the very long distance between where I live in Canada and where I intend to live in the states (Newfoundland to Arizona!), I am going to use an RV to get us, our pets and our belongings across safetly. We will also use the RV as a starter home. Wich is a common method of living in Arizona with our beautiful weather.

2. Title of a jointly owned RV between my mom and myself & certified letter from my mom that I can/am using the RV for the purpose stated above & we will be leaving Canada by Sept 15th

3. Prepaid 2-3 months reservation at a long-term stay RV park

4. Proof of applying for jobs in Arizona

5. Letter of recommendation given from my previous boss after my temporary employment in Canada ended on July 29th (letter states temporary nature)

6. Email from a realtor about meeting with her to sell my Canadian home

Do you think this will be enough??? I am worried they will view the RV park as "temporary" and not as an actual lease/place to live. Advice please!!!

Edited August 5, 2016 by jpeach

[jpeach 0]

* Sorry would also like to add that I got my AZ driver's lisence and voter registration

Also, I have the financials covered with help from friends so no worries there.

[mrskent 11]

I'm SO happy to see this topic as I just received my packet 4 and freaked out when I read:

Petitioner Residence: At the time of your interview and possible entry into the United States, your petitioner is required to be domiciled in the United States (which means have a primary residence there) or must be able to establish to the consular officer’s satisfaction their intent to return to the United States at the time of your travel.

My case is a little different - my husband came to Canada for HIM to immigrate and get his Permanent Residency in Canada, we got married, then days later my mom fell ill and passed away. I had no reason to remain in Canada, therefore we didn't complete his PR application and I started my CR-1 application.

He still has ties to the US; pays bills (car, cell phone, student loan) with his US address (his parents)

He still has his US bank account with the US address. His driver's license and car registration is still under that address as well.

I have a US account with most of my funds in it, with an address of the township we plan to reside in, have moving quotes for that township as well.

I also have cover letters to CIC (Canadian Immigration) for when we applied for extensions to his visitor visas that I just wanted him to stay with me to help me emotionally to complete the arrangements of my late mother, etc and our intent was to return to the US.

Can you guys think of anything else that would help? I know our case is a little different but we fully intend to explain all of this to the officer during my interview and my husband will come to the interview with me as well.

[dalbrecht55 0]

Hello,

I've been reading through this thread, and come to understand that when dealing with Montreal Consulate, it's difficult to prove domicile without currently living in US. However, haven't found an example of how long it actually takes for spouse to immigrate once domicile has been proven.

Would really appreciate any advice, here's our situation:

• I am petitioner, dual Canadian-American, currently living in Canada with wife and baby, never have lived in the US
• We fully plan to relocate to US when wife granted citizenship
• We have interview coming up in Montreal, but I have not yet secured a job in the US, though I'm confident I'll be able to based on correspondence so far

My questions are:

1. Should I put off interview until I have a firm offer of employment in US?
2. Would I actually have to move to US on my own prior to my wife and baby joining me?
3. And, most importantly, can someone PLEASE provide some examples of how long it took for your spouse to join you once you made the move? Example, if visa is denied at interview due to not establishing domicile, and I move to the US on Dec. 1 2016, when could I reasonably expect my wife would be allowed to join me?

Any answer to these questions would be greatly appreciated.

Thank you

[NikLR 13,227]

1) possibly - a firm job offer, with a rental agreement (or family to stay with) plus a joint sponsor works.

2) probably

3) Anywhere from 2 weeks to several months depending on the evidence you provide and the speed at which Montreal looks at it. They're far more often slower (10-12 weeks+ after getting the new evidence) than they are fast. But it has happened much faster of course but count on the slow end.

Remember domicile is decided at interview. So if you have a job offer and places to live, and can start even a week before interview, that's far more positive than no job or place for your family to move to. For such a short job you may need a joint sponsor anyhow though.

[NikLR 13,227]

I get that living apart is hard, especially with children and the fact you're used to living together. I miss my husband immensely when he's gone for work training for a month or more. We spent our first Christmas and anniversary apart. Really after marriage and before I moved we spent about 27 days together. Not even an entire month. But you do what you have to do to be where you want to be with who you have to be with.

This isn't a case of "we want this or that" but rather, this or that is necessary to get this done promptly with the least amount of guess work. Because every time you leave something in the US government's hands, it's guess work for how long it will take. The petition is completely opaque. You have no idea what's going on for about 6 months. The NVC stage at least feels somewhat active because there are forms and emails. But if you get stuck at Montreal after interview, it can feel even longer than the petition because it's again opaque and you have zero control or influence after any paperwork submission.

[Groogrux108 14]

The (intent to establish domicile) evidence is placed in the IV or AOS packet?

[dalbrecht55 0]

Thanks Canadian in Colorado. Really appreciate the response and first-hand knowledge. I think I'll try to put off interview until I firm up a job offer, as I'd rather establish domicile at interview phase than have to guess afteward.

[Ariaeeb 2]

Thanks Canadian in Colorado. Really appreciate the response and first-hand knowledge. I think I'll try to put off interview until I firm up a job offer, as I'd rather establish domicile at interview phase than have to guess afteward.

If you get a car, a place to leave (rental or whatever) and insurance (health (there are free health issuance for unemployed people) or auto or house) (very important) would be sufficient. You can also register a company and tell them that you plan to start your own business.

[NikLR 13,227]

The (intent to establish domicile) evidence is placed in the IV or AOS packet?

AOS. It's the petitioner's.

[NikLR 13,227]

Remember everything on here is advice and you can take it or leave it. If you want to try it a certain way, at least let us know how it turns out. I wish everyone the best of luck in their journeys.