Proving domicile when not living in the U.S.

[santoki 2]

On 12/14/2018 at 5:38 PM, 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.

That's amazing!

So, to be clear, they asked you for absolutely no evidence? Which affidavit are you referring to exactly?

[Loois 21]

On ‎1‎/‎14‎/‎2019 at 10:59 AM, santoki said:

That's amazing!

So, to be clear, they asked you for absolutely no evidence? Which affidavit are you referring to exactly?

The affadvit was simply a 1 page document that I personally typed up saying that I (the USC) intend to establish my domicile in the US no later than my husband. At the interview, we also give them a letter from my employer stating their intent to transfer me to the US, but they did not specifically ask for it. My husband was overeager and gave it to them anyways and they took it. So, I don't know how important that document was either.

Edited January 15, 2019 by Loois

[santoki 2]

10 minutes ago, Loois said:

The affadvit was simply a 1 page document that I personally typed up saying that I (the USC) intend to establish my domicile in the US no later than my husband. At the interview, we also give them a letter from my employer stating their intent to transfer me to the US, but they did not specifically ask for it. My husband was overeager and gave it to them anyways and they took it. So, I don't know how important that document was either.

Wow that's incredible to hear.

When you received your interview date, did you immediately go to the US and start setting things up and then returned for your interview?

 

I ask because that's what everyone seems to do and it seems surprising they wouldn't ask for your lease, bank account/credit card info and everything else everyone says you should have. Perhaps you just got the best officer ever though haha. 

 

Sorry, also, how much time was there between receiving the interview date and the interview? If I have to go to the US I'd need to give my employer a decent amount of notice. I just wonder how they expect people to return to the US and set up domicile on less than two months notice. 

Edited January 15, 2019 by santoki

[gad33 47]

1 hour ago, Loois said:

The affadvit was simply a 1 page document that I personally typed up saying that I (the USC) intend to establish my domicile in the US no later than my husband. At the interview, we also give them a letter from my employer stating their intent to transfer me to the US, but they did not specifically ask for it. My husband was overeager and gave it to them anyways and they took it. So, I don't know how important that document was either.

Sorry, I missed your earlier post that your spouse had been approved - congratulations. .

And, really, that affidavit should be enough but not what Montreal has accepted.

[gad33 47]

On 1/14/2019 at 7:47 AM, santoki said:

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!

Someone way up thread said they would be staying in long term hotels and they were accepted. Which surprised many people. But reading this thread there's always a surprise in what is accepted by an individual officer. Note the person above you had their affidavit accepted.

[santoki 2]

11 minutes ago, gad33 said:

Someone way up thread said they would be staying in long term hotels and they were accepted. Which surprised many people. But reading this thread there's always a surprise in what is accepted by an individual officer. Note the person above you had their affidavit accepted.

Thanks for the response.

We do have friends that live in the US already. I suppose we could always just "lease" from them but they would live in different cities than we'd ultimately end up. When you're doing your landing to the US, how detailed are the officers in terms of questioning things like that? For example, if we had a friend who would lease to us who lives in Denver, but we plan to enter and stay in Boston for the foreseeable future would you ever put yourself in a questionable position.

I'm assuming I'm way overthinking this, but I'd rather be prepared for the worst and be pleasantly surprised than be caught out on anything.

[JobinJo 1]

On 1/14/2019 at 10:47 AM, santoki said:

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!

 

My understanding based on my experience is that something like a long stay airbnb wouldn't be enough but as gad33 said, it really depends on which officer you get. 

I was lucky enough to cancel my rental agreement without any penalty other than not being refunded a $100 deposit so it worked out great for me but I don't know how it would work with other companies. 

[NikLR 13,228]

On 1/14/2019 at 8:47 AM, santoki said:

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!

Will your current income continue in the USA? If not then it doesnt count and you need a joint sponsor for any immigrants.  Air bnb likely will not work. 

[santoki 2]

3 hours ago, NikLR said:

Will your current income continue in the USA? If not then it doesnt count and you need a joint sponsor for any immigrants.  Air bnb likely will not work. 

I assumed the total assets valuation was used in the case of the sponsor not immediately having employment. But I guess it's only used when the income is below the poverty guideline. So, I either need a joint sponsor or have to go early and just get any kind of job at first. 

 

So, even if you were a millionaire coming back to the US, you wouldn't be able to sponsor someone without first physically finding a job? After living in Canada so long and seeing how many immigrants come without work, it's quite surprising to see how strict the US is in comparison!

 

For the Airbnb, if that wouldn't work, how about the situation below? I had asked this above, what do you think? Here's the question:

 

"We do have friends that live in the US already. I suppose we could always just "lease" from them but they would live in different cities than we'd ultimately end up. When you're doing your landing to the US, how detailed are the officers in terms of questioning things like that? For example, if we had a friend who would lease to us who lives in Denver, but we plan to enter and stay in Boston for the foreseeable future would you be putting yourself in a questionable position?

I'm assuming I'm way overthinking this, but I'd rather be prepared for the worst and be pleasantly surprised than be caught out on anything."

 

Thanks for the reply!

 

[NikLR 13,228]

You can use assets.  The more liquid the better. A primary residence is unlikely to be used and a primary car cannot be. But money in the bank is most often okay with a CO. 

 

Would you be staying with those friends? If not then youre lying about the lease.  If the air bnb is like a multi-month contract it may count, up to the CO. 

[Boiler 45,733]

AirBnB do not do multi month contracts.

[NikLR 13,228]

2 minutes ago, Boiler said:

AirBnB do not do multi month contracts.

Then a normal lease or rental agrement is needed.  

[santoki 2]

1 hour ago, NikLR said:

You can use assets.  The more liquid the better. A primary residence is unlikely to be used and a primary car cannot be. But money in the bank is most often okay with a CO. 

 

Would you be staying with those friends? If not then youre lying about the lease.  If the air bnb is like a multi-month contract it may count, up to the CO. 

 

The idea would be to use assets in lieu of having a joint sponsor/not going early to find a job. So I'm wondering if it's possible to just use assets only as the basis for qualifying as the sponsor. For example, I will have approximately $150K (USD) in cash available when I move. This amount would be double the guideline minimum amount for a household of three. I'm wondering if having that much in cash will allow me to sponsor my spouse and avoid having to use a sponsor/get a job before the interview in Montreal.

 

edit - just saw your reply to me in the separate thread I had opened earlier. Thanks, that's what I figured but wanted to make sure. Doing it without a joint sponsor is much simpler.

 

Hypothetically, no I wouldn't stay with those friends. I understand not being completely truthful on an application is always going to be met with a response of "be truthful", but I'm just wondering if from experience during the landing in the US if that much detail is delved into. We will likely play it safe and be completely above board, just trying to get an understanding of how strict that aspect is since we're trying to avoid separating our family for too long. 

Thanks again for the replies.

Edited January 17, 2019 by santoki

[santoki 2]

59 minutes ago, Boiler said:

AirBnB do not do multi month contracts.

You actually can rent from someone for multiple months at a time. I just had a friend move across the country and rent an Airbnb condo for 3 months. I'm wondering if that would qualify instead of a longer term, more traditional lease.

[Boiler 45,733]

The monthly option is a sort of add on, you basically pay monthly but there is no way to enforce longer periods, so you can never be sure someone will stay.