Proving domicile when not living in the U.S.

[NikLR 13,228]

On 11/4/2018 at 2:36 PM, 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.

Your case was highly unusual for that then and the first time Ive ever heard of that happening. 

[Loois 21]

If I, the usc moves back one month prior to interview would that be enough to establish domicile. I mean - quit my job here, sublet our apartment, rent a house in usa, drivers license, cell phone, actually move my stuff down, get a bank account. All this while my husband waits for interview. Would this be enough? This would be a real move of course. 

 

Also once I’ve actually moved down any harm in coming back up for a couple weeks before interview? Or should I stay all four weeks there and fly back for interview?

[NikLR 13,228]

21 hours ago, Loois said:

If I, the usc moves back one month prior to interview would that be enough to establish domicile. I mean - quit my job here, sublet our apartment, rent a house in usa, drivers license, cell phone, actually move my stuff down, get a bank account. All this while my husband waits for interview. Would this be enough? This would be a real move of course. 

 

Also once I’ve actually moved down any harm in coming back up for a couple weeks before interview? Or should I stay all four weeks there and fly back for interview?

If you move down a month ahead of time, and establish domicile, you can certainly come back up to visit.  

[raptora 48]

A little concerned after reading this thread.. my lawyer is recommending I (the USC) have utility bills in my name, but I currently do not (living with my sister with intent to get my own place when my fiancee comes over). I am on the lease for several months now, and have that document. 

 

* edit: Talked to my lawyer again and he thinks that a leasing agreement with my name on it is sufficient, supplemented by my other documentation.

 

I have pretty much everything else though - employment from the same company (4 years now) with support letter, paystubs and W2s to match, bank accounts, my mobile phone bill, credit card bills, drivers license etc.. are the utility bills really necessary / the strongest proof? 

 

Edited November 20, 2018 by raptora

[Loois 21]

14 minutes ago, raptora said:

A little concerned after reading this thread.. my lawyer is recommending I (the USC) have utility bills in my name, but I currently do not (living with my sister with intent to get my own place when my fiancee comes over). I am on the lease for several months now, and have that document. 

 

* edit: Talked to my lawyer again and he thinks that a leasing agreement with my name on it is sufficient, supplemented by my other documentation.

 

I have pretty much everything else though - employment from the same company (4 years now) with support letter, paystubs and W2s to match, bank accounts, my mobile phone bill, credit card bills, drivers license etc.. are the utility bills really necessary / the strongest proof? 

 

It sounds like your evidence is pretty strong. From what I’ve read, utilities help but are definitely not the be all and end all. Sounds like Montreal really prefers employment + lease. That plus your extra documentation should be sufficient.

[anonyc 0]

Question about I-864:

 

Background:

Being in Canada, I will need to move to the US ahead of my wife (who I am sponsoring) and get a job before she'll be able to complete the interview in Montreal. We are at the start of the process now, about to submit I-130. As I currently make a Canadian salary, I will have to file the I-864 using assets only. Once I move to the US and have a job there, my wife will show a revised I-864 at the interview showing that I will support her through my US salary (instead of via assets).

 

My question:

Currently my assets are cash in a savings account. I'd like to invest this cash ASAP - due to arcane US tax law, the most reasonable way for me to invest the money would be in an RRSP, a retirement savings account. This doesn't count as liquid enough for I-864, so it would not pass muster in the interview, but would it be accepted at the NVC stage where they don't scrutinize I-864 too closely? Ideally I invest the money now in my RRSP, then when we get to the NVC stage, submit I-864 with "invalid" assets (statements showing enough stock value, but in an RRSP retirement account), then closer to the interview, move to the US and get a job and revise the I-864 for the interview. Will this work out? Any experience with this or resources I can look into? It's hard to find info on this situation.

[NikLR 13,228]

It likely wouldnt pass the NVC to be honest. The amount you'd pay for removing the rrsp early would be horrible. Cash assets are better for the I-864 than retirement. A GIC might be a better plan if you're planning on this temporarily then move it to an IRA or RRSP. 

 

Remember the assets must be 3x the poverty guidelines. 

[anonyc 0]

6 hours ago, NikLR said:

It likely wouldnt pass the NVC to be honest. The amount you'd pay for removing the rrsp early would be horrible. Cash assets are better for the I-864 than retirement. A GIC might be a better plan if you're planning on this temporarily then move it to an IRA or RRSP. 

 

Remember the assets must be 3x the poverty guidelines. 

Thanks for the feedback.

 

My other option is to transfer this money to my wife for her to put in her TFSA (which I’m not a joint owner of, for tax reasons), and invest it there. Would this pass NVC? I’m worried that the sudden transfer of the money would be a flag, even though it’s from husband to wife.

 

I suppose a third option would be to file intent for my parents in the US to sponsor financially on I-864, and then revise once we get to the interview so that I’m the only financial sponsor via my newly-acquired US salary. Then I’d be able to invest in my RRSP or my wife’s TFSA without concern.

Edited December 2, 2018 by anonyc

[NikLR 13,228]

1 hour ago, anonyc said:

Thanks for the feedback.

 

My other option is to transfer this money to my wife for her to put in her TFSA (which I’m not a joint owner of, for tax reasons), and invest it there. Would this pass NVC? I’m worried that the sudden transfer of the money would be a flag, even though it’s from husband to wife.

 

I suppose a third option would be to file intent for my parents in the US to sponsor financially on I-864, and then revise once we get to the interview so that I’m the only financial sponsor via my newly-acquired US salary. Then I’d be able to invest in my RRSP or my wife’s TFSA without concern.

To be honest i kinda like option 3 the best.  

[Loois 21]

Hi Everyone,

 

Our interview is in a week and a half. At this point in time, is it appropriate to list my country of domicile as the US on my revised I-864 (filling out a new one as our original had some errors)?

 

I currently have the following:

• signed lease (possession 2 days after interview date)
• utilites in my name
• bank account & USD credit card
• ownership and financing of vehicle in the US
• personal belongings in the US with evidence of shipping
• employer letter stating that my Canadian job will be transferring to the US and I am telecommuting in the meantime
• US drivers' license
• voters' registration
• US phone number and new phone purchased in US

Does the technical difference between actually being domiciled vs. intent to domicile by the time of the interview make a big difference to the Montreal consulate? I remember reading somewhere that in some cases, Montreal has accepted nothing less than the USC actually being domiciled by the time of the interview. Wanted to get your guys' thoughts on this.

 

Thanks!

[Boiler 45,733]

Best to head over to the Canada forum, Canada is very picky.

[NikLR 13,228]

You can try.  

[Loois 21]

We just had our CR-1 visa interview appointment today and got accepted!!

 

In terms of domicile, we had tons of documents ready (to show employment, residence etc.), but we were shocked to find that our officer was not interested in any additional proof other than a 1 sentence signed affadavit we originally submitted to the NVC where I (the USC) declared that I intended in good faith to move to the US no later than my husband.

Edited December 14, 2018 by Loois

[NikLR 13,228]

15 hours ago, Loois said:

We just had our CR-1 visa interview appointment today and got accepted!!

 

In terms of domicile, we had tons of documents ready (to show employment, residence etc.), but we were shocked to find that our officer was not interested in any additional proof other than a 1 sentence signed affadavit we originally submitted to the NVC where I (the USC) declared that I intended in good faith to move to the US no later than my husband.

 Yay! Congrats!

[santoki 2]

On 11/1/2018 at 7:56 PM, 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.

I would be in the same position when we apply. I am a US citizen and my spouse is Canadian. I would move to the US without a job, so I understand that I need to prove domicile there. So, does a short term rental (like an AirBnb) satisfy their domicile requirements? I just want to make sure I don't have to sign a year lease, for example, as where we land may not be where we decide to stay for very long.

In terms of minimum income requirements, we currently have three times the poverty line guideline for a household of 3 (child under 4) in cash. If I move there ahead of the interview to re-establish my driver's license, medicaid etc (I currently still have a bank account and credit card in the US), will that likely satisfy Montreal's requirements?

In a worst case scenario I suppose I could find temporary work, but that wouldn't be ideal as I'd have my child with me during that time making it difficult to work. I suppose I could enroll them in daycare but that would be expensive all things considering. 

If anyone has some insight into this particular situation (moving without a job) please let me know how it worked out for you...thanks!