Proving domicile when not living in the U.S.

[Loois 21]

8 minutes ago, Boiler said:

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

 

Did both Lawyers discuss the Canada specific aspects with you?

We were very clear with both of them that we are in Canada, but unfortunately, neither of the lawyers are based in Canada. I am definitely doubting their advice now. 

 

Based on the advice from you guys, I will now plan to go down, open a bank account and get a rental between now and the interview. Thanks! 

[Loois 21]

21 minutes ago, JobinJo said:

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.

Thanks for the info!

 

Just to be clear, the employment letter is with my husband (the Canadian citizen) and not myself (the US citizen). I’m not sure if that would hold any weight in the consulate’s eyes?

[JobinJo 1]

I believe that with the job offer + apartment + bank account you won't have an issue.

 

My case was last year and at the interview in Montreal the officer only asked for either and job offer (for me or my wife, didn't matter) or an apartment. But won't hurt to have more

 

Let us know how it goes !

Edited November 2, 2018 by JobinJo

[Loois 21]

3 minutes ago, JobinJo said:

I believe that with the job offer + apartment + bank account you won't have an issue.

 

My case was last year and at the interview in Montreal the officer only asked for either and job offer (for me or my wife, didn't matter) or an apartment. But won't hurt to have more

 

Let us know how it goes !

job offer helps, even if it’s my husband’s only (the non-US citizen)?

 

and thanks so much, really really appreciate the advice!

[JobinJo 1]

Just now, Loois said:

job offer helps, even if it’s my husband’s only (the non-US citizen)?

 

and thanks so much, really really appreciate the advice!

According to the officer at the interview it didn't matter who got a job. 

I believe that with the job + the other steps you were talking about it should be fine.

 

Also I know the whole process is scary but being asked for more documents at the interview wasn't as big a deal as I thought it was. I think that delayed us by about 6 weeks. So do as much as you can but don't worry too much   

[saadbutt 10]

Recently had my interview with the same situation. The interviewing officer Did not even look at or consider job offer of the immigrating spouse. Solely focused on whether the US spouse could establish ties to the US or solid evidence to re-establish ties to the US. If anything, upon hearing that the applicant had job offer in the US, she said it seems like your spouse is moving because of the job offer and not because the spouse has genuine interest/intent to move back to the US. Not to scare you, just personal experience at recent interview.

[Loois 21]

4 hours ago, saadbutt said:

Recently had my interview with the same situation. The interviewing officer Did not even look at or consider job offer of the immigrating spouse. Solely focused on whether the US spouse could establish ties to the US or solid evidence to re-establish ties to the US. If anything, upon hearing that the applicant had job offer in the US, she said it seems like your spouse is moving because of the job offer and not because the spouse has genuine interest/intent to move back to the US. Not to scare you, just personal experience at recent interview.

Thanks for the heads up, that’s definitely the sense we are getting. Hopefully a lease + bank account in my name will

be sufficient... 

[NikLR 13,228]

On 11/1/2018 at 5:46 PM, Loois said:

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!

 

On 11/1/2018 at 6:19 PM, Loois said:

Thanks for the info!

 

Just to be clear, the employment letter is with my husband (the Canadian citizen) and not myself (the US citizen). I’m not sure if that would hold any weight in the consulate’s eyes?

This is about USC proving domicile.  Your husband's ability to work has nothing to do with YOUR domicile.  You are the one who needs to show you have reestablished a home in the USA before interview. 

[Loois 21]

11 hours ago, NikLR said:

 

This is about USC proving domicile.  Your husband's ability to work has nothing to do with YOUR domicile.  You are the one who needs to show you have reestablished a home in the USA before interview. 

In your opinion, would a lease + US bank account in my name suffice, or do I need to go down and hang out there prior to the interview? 

[NikLR 13,228]

1 hour ago, Loois said:

In your opinion, would a lease + US bank account in my name suffice, or do I need to go down and hang out there prior to the interview? 

Have you looked at the domicile thread? Imho I think you need a residence, bank account, driver's license, and preferably a job. 

[acidrain 325]

2 hours ago, Loois said:

In your opinion, would a lease + US bank account in my name suffice, or do I need to go down and hang out there prior to the interview? 

I tried my best before my interview to put myself in the consulates shoes. If you had to decide whether someone has strong ties to the US would you feel a lease and a bank account is enough proof?

[Boiler 45,733]

2 hours ago, acidrain said:

I tried my best before my interview to put myself in the consulates shoes. If you had to decide whether someone has strong ties to the US would you feel a lease and a bank account is enough proof?

Very Consulate specific, best to review postings from those who have gone before you and what was expected of them.

[acidrain 325]

37 minutes ago, Boiler said:

Very Consulate specific, best to review postings from those who have gone before you and what was expected of them.

I interviewed in Montreal 9 months ago. The interviewer told me the number one reason visas are denied is because of lack of domicile. My spouse was working in the US, owned a house, got a drivers license, opened a bank account, etc. With separating the family for more than a year the consulate had absolutely no question we were committed to living in the US. They even said so.

 

There is no one size fits all formula. One person might get approved with the same evidence another gets denied with. It's very hard to predict.

 

I am merely saying if you were the interviewer and had no idea about the persons character, would you give a person a green card based on signing a lease and opening a bank account? 

Edited November 4, 2018 by acidrain

[JobinJo 1]

17 hours ago, NikLR said:

 

This is about USC proving domicile.  Your husband's ability to work has nothing to do with YOUR domicile.  You are the one who needs to show you have reestablished a home in the USA before interview. 

When I had my interview in Montreal last year the officer was very clear that either me (the applicant) or my wife (the USC) getting a job would be sufficient. The goal being not to separate families. As always it depends on the case and the officer and it might be better if the USC gets a job.

[gad33 47]

22 hours ago, JobinJo said:

When I had my interview in Montreal last year the officer was very clear that either me (the applicant) or my wife (the USC) getting a job would be sufficient. The goal being not to separate families. As always it depends on the case and the officer and it might be better if the USC gets a job.

But what is strange about saying it is acceptable for the non-USC having a job offer is that they can't take it up without a visa and the visa is dependent on the USC proving domicile. Maybe this particular officer was thinking well obviously they are going to move if one of them has a job but I think it would be just as likely to get the "we don't care about you" response.