Proving domicile when not living in the U.S.

[dalbrecht55 0]

Hey guys,

So, I have a couple follow-up questions I can't find answers to:

1. If we get denied due to failure to establish domicile, do we have to return to Montreal in person again to present new evidence? Is there a 2nd interview, or is all the evidence submitted and approved via mail/email?

If we get denied and can submit the evidence afterwards via email, I think I'll keep our interview date as is. But if there's a good chance we'll get denied until I have a firm job letter, and we need to do interview over, I'd rather just push it back.

2. We have had a baby son since my wife's I-130 was approved. I had read we could include him with my wife's petition, but received a letter from the NVC yesterday that he doesn't qualify as a "derivative" and they said I have to submit a new petition?? Not sure what this means, do I have to start process over for my newborn son?

Since I've never lived in USA, I can't get citizenship for him via naturalization, though I may be able to through my mother who's a US citizen. But that process (N-600K) takes 5 months, and with our interview next month, we were planning on moving sooner than later. Any advice on this situation??

I know it's very specific, but i've been scouring Internet for answers, and have not found the proper info yet.

Many thanks in advance for the advice.

[NikLR 13,227]

You need to petition for your son with an I-130. I would severely slow down your wifes process at the NVC until your son catches up. He will be a US citizen once he has the visa and moves to the usa, but untik then, that is the process.

You can mail/courier items to Montreal after interview but again, youre at the mercy of Montreal and their slowness. Theyve been known to take so much time that people have to get new medicals. I wouldnt make it so you have to wait on them, not knowing what is going on.

[dalbrecht55 0]

You need to petition for your son with an I-130. I would severely slow down your wifes process at the NVC until your son catches up. He will be a US citizen once he has the visa and moves to the usa, but untik then, that is the process.

You can mail/courier items to Montreal after interview but again, youre at the mercy of Montreal and their slowness. Theyve been known to take so much time that people have to get new medicals. I wouldnt make it so you have to wait on them, not knowing what is going on.

You're kidding! Are you sure, we basically have to start all over again?? Pay all fees again? Isn't there another option for this scenario?

What about if I can get him citizenship via Consular Report of Birth Abroad?

[dalbrecht55 0]

Is the info in this link not accurate?

http://www.nolo.com/legal-encyclopedia/your-relative-had-children-after-i-130-approved-can-they-immigrate-too.html

[NikLR 13,227]

Page not found.

No because you are a USC your son cannit be a derivative. IR1/CR1 does not allow for derivatives.

If you have never lived in the USA your son cannot get citizenship through you.

Yes you send the I-130. Send a copy of your wife's NOA2 and ask for his file to be expedited because your wife is already at the NVC.

You dont need to start your wife over, just have a separate petition for your son.

[dalbrecht55 0]

Page not found.

No because you are a USC your son cannit be a derivative. IR1/CR1 does not allow for derivatives.

If you have never lived in the USA your son cannot get citizenship through you.

Yes you send the I-130. Send a copy of your wife's NOA2 and ask for his file to be expedited because your wife is already at the NVC.

You dont need to start your wife over, just have a separate petition for your son.

Thanks again Canadian in Colorado.

Really tough to here this, after so long we thought we were there...

However, I do think that my son can get citizenship through me via the Consular Report of Birth Abroad. There is a form (N-600K) that allows the grandparent of the child (my mom, who has lived in the US for the required amount of time) to be able to qualify via this route. Do you think if I'm able to get him status through this method, that I'd still have to file an I-130?

Thanks so much in advance.

[NikLR 13,227]

Ask in the citizenship forum.

[gad33 47]

Thanks again Canadian in Colorado.

Really tough to here this, after so long we thought we were there...

However, I do think that my son can get citizenship through me via the Consular Report of Birth Abroad. There is a form (N-600K) that allows the grandparent of the child (my mom, who has lived in the US for the required amount of time) to be able to qualify via this route. Do you think if I'm able to get him status through this method, that I'd still have to file an I-130?

Thanks so much in advance.

Although this is a separate subject from this thread I'm replying to point you in the right direction.

You can't do report of birth abroad because you have not lived the requisite number of years in the USA. If your USC parent has lived the requisite number of years in the US and can prove it, you can make an application for Citizenship through form N-600k. The advantage of this is that there is one application and one fee. The disadvantage is that you and your son will have to travel to the US for an interview.

[SuzyNour 2]

Hello everyone. I have been really lost and needing some guidance and found this thread. I am not Canadian and dont live in Canada but currently live in abu dhabi with my husband and daughter. I am a US citizen, I have been living in Abu dhabi for two years and have traveled 6 months out of those 2 years to the states. I have kept my part time job in the states and paid taxes upon each of my returns. I have a tx liability insurance card. Renewed DL. bank accounts etc. Well my husband was temporarily denied just as a few of you on this thread for issue of domicle. I have read almost all of the thread but not finding anything that relates to my situation. I am a stay at home mom, i have nothing in my name here, its all under my husbands name. The rent, car, insurance. The only thing i have is a credit card under my name. I have not put anything in my name because i new i will be here temporarily until my husband is issued his green card so i didnt feel like i needed anything put in my name. As far as showing steps i am moving from Abu Dhabi, i wont be able to since nothing is in my name.

Anyways they sent a denial letter i sent in documents. An application filled out to enroll mt daughter at a daycare, job offer letter, an affidavit of my mother saying we are allowed to stay with my parents upon our arrival, emails between myself and a lender regarding steps to take for a home loan. I included all the other things mentioned above like car insurance, Renewed driver's license, bank statements etc.

Still denied.

My plan is now to enroll my daughter in the daycare and pay the fee of enrollment and show them the receipt, cancel my credit card in Abu dhabi. Book a one way ticket. Show more emails between me and daycares looking for options to enroll my daughter. What else can i possibly send other than this? My car is under my husbands name. The apartment is under his name. I am so lost.

I am worried that i will have to go back home now. I dont want to do that because i will have to be without my husband until April and i will miss him dearly and so will our daughter. I am looking to avoid this step. But if this is the only way they will believe me then i will have to do it.

Please if anyone can help i would truly appreciate it.

[goingbackusa 2]

This board has been quiet for lately. Please update if you have can.

Still waiting for NOA 2.(Case Active 148 days). I'd like to be prepared as we are using intent to reestablish domicile.

Is Montreal still picky on this one. We are going with own Assets and also Joint sponsor (as I read this is a tough one). It feels like a long wait just to get the NOA 2 and I'd like to avoid any refusals when we get to interview.

I've gathered documents to prove intent including:

*Voter's registration card with US address

*Driver's license on hold - DMV refused to renew my driver's license as it had expired. I would have to get a learner's permit and take driver's test.

Can I wait and just transfer my Canadian DL to US after we move?

*Opened US checking account (TD Bank) to transfer Canadian money. No funds transferred yet.

Maintained Credit Cards and statements with US address

Proof of retirement savings/Pension funds (Canada)

*Contacted schools to register children. Received package forms from School Administration.

*Email to Doctor and Dentist to re-enroll

Purchased cell phone and T-mobile plan

Contacted Real Estate Agent to sell our home here in Canada/Contacted Agents in US to search for rental properties.

What I don't have yet-

Have applied for employment still looking (I'm a stay at home Mom USC). Can I send copies of my Linkedin profile page for proof?

Has anyone been interviewed/approved lately or received refusals for intent to reestablish?

[jac1230 0]

On 11/8/2016 at 10:30 AM, goingbackusa said:

This board has been quiet for lately. Please update if you have can.

Still waiting for NOA 2.(Case Active 148 days). I'd like to be prepared as we are using intent to reestablish domicile.

Is Montreal still picky on this one. We are going with own Assets and also Joint sponsor (as I read this is a tough one). It feels like a long wait just to get the NOA 2 and I'd like to avoid any refusals when we get to interview.

I've gathered documents to prove intent including:

*Voter's registration card with US address

*Driver's license on hold - DMV refused to renew my driver's license as it had expired. I would have to get a learner's permit and take driver's test.

Can I wait and just transfer my Canadian DL to US after we move?

*Opened US checking account (TD Bank) to transfer Canadian money. No funds transferred yet.

Maintained Credit Cards and statements with US address

Proof of retirement savings/Pension funds (Canada)

*Contacted schools to register children. Received package forms from School Administration.

*Email to Doctor and Dentist to re-enroll

Purchased cell phone and T-mobile plan

Contacted Real Estate Agent to sell our home here in Canada/Contacted Agents in US to search for rental properties.

What I don't have yet-

Have applied for employment still looking (I'm a stay at home Mom USC). Can I send copies of my Linkedin profile page for proof?

Has anyone been interviewed/approved lately or received refusals for intent to reestablish?

 

We're also waiting for NOA2 and have started reading the forums and this thread to be better prepared.

 

Depending on the state you take up residence, you may be able to exchange your driver's license. Make sure to obtain your driving record and license history for your current driver's license.

From what we've gather from this thread, you may need to provide more solid evidence for intent to re-establish domicile. You should ultimately provide things like a lease agreement for housing in the US, a job offer letter, and confirmation of registration of your children in school.

 

Now, to be honest, where we're unclear is if that more solid evidence must be provided when submitted AOS, or if it may be provided at the time of interview at the consulate. For example, perhaps you provide the evidence you've listed above with AOS, and provide that more solid evidence at time of interview.

 

Can anyone provide some clarity on the above? We'd also like to hear from others about their recent experiences.
 

[NikLR 13,227]

Evidence provided with AOS is preferable. Solid evidence by interview or.already living in the USA is required.  Lots of people try to get by at the interview and end up with 221g. Montreal is super slow after the fact. 

[santoki 2]

I'm in the beginning stages of researching how to move back to the US and I've read through this thread and found most information relating to people who are not relying on a joint sponsor.

Here's my situation:

 

I'm a USC who moved to Canada over 5 years ago. My husband is a Canadian citizen and we are expecting our first child in September. After our child is born, we plan to apply for their citizenship through the Consular Report of Birth Abroad as I qualify to use that route having previously lived in the US for over 20 years.

 

After that point, we plan to apply for my husband's green card. I have maintained my both US bank account and credit card this entire time. I will likely not have a job and we do not have the assets to satisfy the income requirements alone. However, we do have my parents who live in the US and can sponsor us.

My questions are:

 

1) How do my parents file to be joint sponsors and how do they go about proving they have the sufficient assets do so?

 

2) With a joint sponsor, is it still necessary to prove domicile BEFORE the interview with Montreal?

 

3) My parents own a small business where they could offer me a position. Does employment in a family business count as acceptable employment?

 

4) We would live with parents until we were settled and could find our own place. Do we simply need a letter stating that as evidence of domicile? I saw some letters in the thread that people had used and had been accepted but wasn't sure if that was for a joint sponsor or not.

 

We will be a small family, moving back to the US, with a good amount of savings (but unfortunately no assets besides our car). We can have my parents as sponsors and can live with them until we're settled. I suppose I'm just looking to see if we have a pretty straightforward application and some general guidance on how to proceed and what pitfalls to avoid. Thanks for any help or insight anyone can share.

[Ariaeeb 2]

17 minutes ago, santoki said:

I'm in the beginning stages of researching how to move back to the US and I've read through this thread and found most information relating to people who are not relying on a joint sponsor.

Here's my situation:

 

I'm a USC who moved to Canada over 5 years ago. My husband is a Canadian citizen and we are expecting our first child in September. After our child is born, we plan to apply for their citizenship through the Consular Report of Birth Abroad as I qualify to use that route having previously lived in the US for over 20 years.

 

After that point, we plan to apply for my husband's green card. I have maintained my both US bank account and credit card this entire time. I will likely not have a job and we do not have the assets to satisfy the income requirements alone. However, we do have my parents who live in the US and can sponsor us.

My questions are:

 

1) How do my parents file to be joint sponsors and how do they go about proving they have the sufficient assets do so?

They just have to fill out the forms that you can easily download it from the website. Then you should send it with the rest of your docs.

 

17 minutes ago, santoki said:

 

2) With a joint sponsor, is it still necessary to prove domicile BEFORE the interview with Montreal?

Yes it is. Go get Medicare or some sort of insurance ( car or house etc.) You can also register a company and tell them that you want to start your own business. Your parents can give you a letter stating you will stay with them.

 

17 minutes ago, santoki said:

 

3) My parents own a small business where they could offer me a position. Does employment in a family business count as acceptable employment?

You will have to prove its not fake.

 

17 minutes ago, santoki said:

 

4) We would live with parents until we were settled and could find our own place. Do we simply need a letter stating that as evidence of domicile? I saw some letters in the thread that people had used and had been accepted but wasn't sure if that was for a joint sponsor or not.

Just a simple letter signed by them is enough.

 

17 minutes ago, santoki said:

 

We will be a small family, moving back to the US, with a good amount of savings (but unfortunately no assets besides our car). We can have my parents as sponsors and can live with them until we're settled. I suppose I'm just looking to see if we have a pretty straightforward application and some general guidance on how to proceed and what pitfalls to avoid. Thanks for any help or insight anyone can share.

 

[santoki 2]

Thanks Ariaeeb!

 

With regards to domicile, is getting health insurance an easy option? Since we wouldn't have our own house we can't get home insurance. And, my husband would be keeping our car in Canada until he received his visa and would bring it with him upon entry.

Would tenant's insurance satisfy that criteria? Perhaps if we created a tenancy agreement with my parents whereby we were paying rent we could then apply for tenant's insurance?