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Proving domicile when not living in the U.S.

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1 hour ago, darth vader said:

Yes, she'll be taking it. Thanks for your help!

Okay cool.  You're welcome. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

To be clear the USC doesn't have to have a job in the US. It's just Montreal's favourite to grant approval. Proof that they are living in the US (reestablished domicile) is acceptable.

1 Dec 2011 Mailed I-130
8 Dec 2011 NOA 1
20 Dec 2011 NOA 2

NVC

17 Jan 2012 Phoned NVC. Case Number allocated
18 Jan 2012 Emails received re AOS fee and Agent
20 Jan 2012 Electronic opt in email sent & response received
20 Jan 2012 AOS fee paid
20 Jan 2012 Form DS-261 Choice of agent filed
27 Jan 2012 Email received re choice of agent received. Can now pay IV bill
29 Jan 2012 IV bill paid
31 Jan 2012 Received written notification case at NVC (dated 18 Jan)
8 Feb 2012 Emailed AOS
9 Feb 2012 DS-260 submitted online & docs emailed
14 Feb 2012 Case Complete
5 Mar 2012 received email - interview date 10 April
10 Apr 2012 Visa Approved
10 Apr 2012 Email from Loomis - passport picked up from Consulate

June 2012 Moved back to US

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  • 2 months later...

I'm a USC living in Toronto with my Canadian wife. I'm preparing to submit I-130.

 

I'm dreading having to quit and move to the US for a job as soon as we are approved for an interview, so I'm wondering about an option I haven't seen anyone discuss: in my line of work, I'm easily able to find remote-friendly positions in the US. (I also have Canadian PR so I'm able to do this.) Could I find a remote position in the US (in the city we intend to eventually move to), begin working remotely, and use this letter of employment from a US employer as sufficient intent to establish domicile? I could even have the employer specify that they expect I will relocate to the US by a certain date to work locally.

 

If this would be acceptable, I'd be able to move to the US at the same time as my wife. Anyone have insight or experience with this?

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12 hours ago, anonyc said:

I'm a USC living in Toronto with my Canadian wife. I'm preparing to submit I-130.

 

I'm dreading having to quit and move to the US for a job as soon as we are approved for an interview, so I'm wondering about an option I haven't seen anyone discuss: in my line of work, I'm easily able to find remote-friendly positions in the US. (I also have Canadian PR so I'm able to do this.) Could I find a remote position in the US (in the city we intend to eventually move to), begin working remotely, and use this letter of employment from a US employer as sufficient intent to establish domicile? I could even have the employer specify that they expect I will relocate to the US by a certain date to work locally.

 

If this would be acceptable, I'd be able to move to the US at the same time as my wife. Anyone have insight or experience with this?

It's not just a job they want you to have, it's domicile. 

You need a place to live and evidence that you will move there.  Because of the shared border and ease of visiting between the USA and Canada, often unless you've already moved by interview, domicile will become an issue.  You can always try of course but you add weeks to months onto your case if you fail.   The choice is always yours. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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12 hours ago, anonyc said:

I'm a USC living in Toronto with my Canadian wife. I'm preparing to submit I-130.

 

I'm dreading having to quit and move to the US for a job as soon as we are approved for an interview, so I'm wondering about an option I haven't seen anyone discuss: in my line of work, I'm easily able to find remote-friendly positions in the US. (I also have Canadian PR so I'm able to do this.) Could I find a remote position in the US (in the city we intend to eventually move to), begin working remotely, and use this letter of employment from a US employer as sufficient intent to establish domicile? I could even have the employer specify that they expect I will relocate to the US by a certain date to work locally.

 

If this would be acceptable, I'd be able to move to the US at the same time as my wife. Anyone have insight or experience with this?

No.  You can work remotely in Canada.   That doesn't show your intent to move back to the US.  Theoretically, you could continue to live in Canada and do a remote US job.


You will need to move back to prove domicile.  There are lots of US and Canadian couples.  If there was a work around, these people would have done it and shared it.  You are not going to find something new that they all missed.  You will have to take your medicine just like they did.  

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Filed: Timeline
4 minutes ago, anonyc said:

Thanks. I thought I read about people being accepted in Montreal by having a letter of employment for a job in the US, without having to have already moved there by the time of the interview, which is why I thought this might be a realistic analog of that.

Canada is one of the hardest country to deal with the domicile issue.  I have never seen anyone do it with just an employment letter.  The general consensus about Canada is that the US citizen should move and establish domicile before the visa interview.  

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Thanks for clarifying! I will investigate the timing of moving. I'd ideally begin by seeking work that I can do remotely to provide a buffer on timing, and then relocate to the US as soon as I need to establish domicile for the interview (in time to get things like medical insurance as evidence). My parents living in the same city as we'd relocate to helps as I'll have a rent-free place to use as my address during the transition.

 

One more question: I have sufficient assets (cash or stocks) in Canada for spousal I-864. Is the consensus that Montreal requires these assets to be relocated to the US (cash in an account)? I suppose though that by the time we have the interview and I live in the US with a new job, I will be able to redo my I-864 using US income instead of assets.

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2 hours ago, anonyc said:

Thanks for clarifying! I will investigate the timing of moving. I'd ideally begin by seeking work that I can do remotely to provide a buffer on timing, and then relocate to the US as soon as I need to establish domicile for the interview (in time to get things like medical insurance as evidence). My parents living in the same city as we'd relocate to helps as I'll have a rent-free place to use as my address during the transition.

 

One more question: I have sufficient assets (cash or stocks) in Canada for spousal I-864. Is the consensus that Montreal requires these assets to be relocated to the US (cash in an account)? I suppose though that by the time we have the interview and I live in the US with a new job, I will be able to redo my I-864 using US income instead of assets.

If you live in the USA by interview with a US based job you can redo the I-864.  

Montreal may or may not use foreign assets, they don't have any obligation to but they can choose to do it.  Just remember the value has to be in USD not CAD.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
On 8/18/2018 at 12:06 PM, anonyc said:

Thanks. I thought I read about people being accepted in Montreal by having a letter of employment for a job in the US, without having to have already moved there by the time of the interview, which is why I thought this might be a realistic analog of that.

Our approval was 6 1/2 years ago but Montreal would not accept a house in escrow but did accept an employment letter. I can't remember exactly what it said but it had employment and salary.

 

If you are going to be living with your parents then you should draw up a formal letter from them saying that as proof of where you will be living. Many people have done that.

1 Dec 2011 Mailed I-130
8 Dec 2011 NOA 1
20 Dec 2011 NOA 2

NVC

17 Jan 2012 Phoned NVC. Case Number allocated
18 Jan 2012 Emails received re AOS fee and Agent
20 Jan 2012 Electronic opt in email sent & response received
20 Jan 2012 AOS fee paid
20 Jan 2012 Form DS-261 Choice of agent filed
27 Jan 2012 Email received re choice of agent received. Can now pay IV bill
29 Jan 2012 IV bill paid
31 Jan 2012 Received written notification case at NVC (dated 18 Jan)
8 Feb 2012 Emailed AOS
9 Feb 2012 DS-260 submitted online & docs emailed
14 Feb 2012 Case Complete
5 Mar 2012 received email - interview date 10 April
10 Apr 2012 Visa Approved
10 Apr 2012 Email from Loomis - passport picked up from Consulate

June 2012 Moved back to US

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  • 2 months later...

I am a US citizen and my spouse is Canadian. We both live in Canada (I have lived here for 10+ years).

 

My husband has a job offer in the US and we both intend to move when his CR-1 is approved. 

 

We are currently waiting for an interview time slot with a September 10, 2018 case complete date. Two different immigration lawyers assured us that my husband’s employment letter as well as a signed letter from myself stating my intention to move with my spouse will be sufficient. However, based on the discussions I’ve read on this thread, I am beginning to sense that the evidence we have is not enough.

 

Do we need to do more? What, if anything, could you recommend in the potentially short time period between now and our interview?

 

Thanks!

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Filed: O-2 Visa Country: Canada
Timeline

My understanding is that the job offer should be enough but if you want to improve your chances find a place to rent where the job is.

 

In my case after being asked for more documents at the interview, (I didn't have a job offer) my wife and I signed a lease with some short term rental apartment near LA and we figured we'd go live there for a bit before finding something better. In the end we ended up changing our plans and canceled the lease which only cost us the $150 deposit so it worked out pretty well. You could do that and even if you don't end up renting there you're not wasting too much money.

 

I also sent others documents such as truck rental contracts, end of lease in Canada, end of contracts for our Canadian jobs. Anything that supported the fact that we'd leave Canada and move to the US.

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Filed: K-1 Visa Country: Wales
Timeline

Well for many places that would be fine, but this is for Canada.

 

Did both Lawyers discuss the Canada specific aspects with you?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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