Proving domicile when not living in the U.S.

[santoki 2]

17 minutes ago, Boiler said:

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.

As the renter though, in your mind you are staying for that length of time, so it should satisfy the criteria but I understand it's up to the CO. 

In theory though, I suppose you could book for 6 months then and leave after a month. That's perhaps a decent way to show it's a long term rental without locking yourself into a long contract. Again, maybe not the most moral but perfectly within your rights.

[NikLR 13,228]

Month to month isnt completely unheard of in renting.  It used to be the norm and many places go month to month after a set lease time.  Imho i think finding a place for your family would be ideal.  They dont really care where you enter or even stay, but would like a permanent address that youre using and can be shown on bills, driver's license etc... it's much better to be truthful about where you choose to live as well.  If you never intend to live with said friend but they've signed a fake lease for you, well... really? Just be honest.  

[Loois 21]

On 1/15/2019 at 4:37 PM, santoki said:

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. 

Hi Santoki,

 

Yes, I did - I made 2 trips. One I believe was shortly before getting the interview date and the other was right after getting the interview date, just so I could get as much evidence as possible to demonstrate intent to domicile. Right before the interview we had tons of documentation for it: lease, utilities set-up, job transfer letter, bank accounts with funds, moving truck expense/documentation, drivers license, etc. At the actual interview they did not ask for any of it! I think I voluntarily presented our lease to the intake officer at the very beginning, but he only seemed to use it as a reference for typing in our official US address into the system (rather than evaluating it as part of the domicile consideration). 

 

As for the interview date notice, we got a month notice.

 

Hope that helps!

Edited January 23, 2019 by Loois

[Loois 21]

On 1/17/2019 at 3:18 PM, santoki said:

 

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.

They accepted our bank account assets no problem - we didn't have to use a joint sponsor thankfully. Our actual interview was very very brief and they asked for next to no detail. The whole thing really felt like a formality. Maybe we just got lucky? I do think there is quite a bit of background work done on you and your case well before your actual interview day, so they have a pretty good sense if they want to accept you as you walk into the door for your interview. But yes, best to be as prepared as possible even if it's just to ease the nerves! 

Edited January 23, 2019 by Loois

[santoki 2]

On 1/23/2019 at 4:00 PM, Loois said:

They accepted our bank account assets no problem - we didn't have to use a joint sponsor thankfully. Our actual interview was very very brief and they asked for next to no detail. The whole thing really felt like a formality. Maybe we just got lucky? I do think there is quite a bit of background work done on you and your case well before your actual interview day, so they have a pretty good sense if they want to accept you as you walk into the door for your interview. But yes, best to be as prepared as possible even if it's just to ease the nerves! 

I'm glad to have found someone that has gotten accepted via the assets route. Thanks for sharing your experience.

One thing I'm still a bit unsure of, and this can be answered by hopefully anyone around here, is the gap between submitting documents to NVC after your I-130 is accepted and before your Consulate interview. Just reading through the forums I thought you brought your proof of domicile documents to the Consulate interview whereby they'd verify and make a decision on if you satisfy that requirement. 

But, is it true that many if not most people submit this at the NVC stage? 

If so, does that entail going to the US and setting everything up, submitting those docs to NVC and then coming back home (Canada) to wait on the interview date? The gap between NVC submission and interview date seems to be on average 3 months or so looking at people's timelines. Or is that just a route some people take?

It's slightly confusing trying to figure out this process, so thank you for any help or insight.

 

 

[NikLR 13,228]

NVC needs less detail than the consulate does.  So some people submit minimum requirements at NVC and then submit more at the consulate.  Others just submit to NVC and keep it equal from there.  Normally there is a 2-4 weeks from CC to P4 and 2-4 weeks from P4 to interview.  BUT recently it's taken longer and it's about 2-3 months from CC to p4 and another month to interview. 

[gad33 47]

16 hours ago, santoki said:

 

 

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Edited January 28, 2019 by gad33
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[gad33 47]

16 hours ago, santoki said:

I'm glad to have found someone that has gotten accepted via the assets route. Thanks for sharing your experience.

One thing I'm still a bit unsure of, and this can be answered by hopefully anyone around here, is the gap between submitting documents to NVC after your I-130 is accepted and before your Consulate interview. Just reading through the forums I thought you brought your proof of domicile documents to the Consulate interview whereby they'd verify and make a decision on if you satisfy that requirement. 

But, is it true that many if not most people submit this at the NVC stage? 

If so, does that entail going to the US and setting everything up, submitting those docs to NVC and then coming back home (Canada) to wait on the interview date? The gap between NVC submission and interview date seems to be on average 3 months or so looking at people's timelines. Or is that just a route some people take?

It's slightly confusing trying to figure out this process, so thank you for any help or insight.

 

 

 

Your assets will be accepted as long as they meet the requirements.



Proof of reestablishing domicile has to be submitted at NVC stage. The website lists the type of proof they are looking for. If you do not submit anything you will be asked to do so before case complete. The problem has arisen with Canada is that as the proof to reestablish domicile has been accepted by NVC, then there is a surprise when this has not been accepted by the interviewing officer.

Proof is required at both stages just that at the actual interview they are more strict.

[Kat & Jim 47]

My interview was January 25/2019 at 9:00 a.m. At the Montreal Consulate. I thought I would share on this thread, some of the information from my Consulate Review because it involves proving Domicile while not living in the US. I basically just copied & pasted the middle part of my review to this thread. Anyone can find the complete Review under the Canada US Consulate Reviews, posted January 29/2019. (actually it was January 28/2019 for me just after 9:00 p.m Pacific time since I live in BC) Just a warning, it is a long Review to read.    When I was called at 10:00 a.m.,  I went to window number 2 and the man first asked for:    1. Laminate sheet with the number and list of documents 2. Then my original passport  He then stopped taking documents and asked to take my finger prints, left hand then right and then 2 thumbs together. 3. Then the 2 passport photo’s 4. Next the Medical exam envelope  He then stopped again and opened the Medical envelope put the passport photo’s in a bag and stapled them to the medical report He said he would be a few minutes while he put together my file. He took the documents I gave him so far to a counter behind him. About 5 mins later he came back to the window and didn’t say anything. So I asked do you need my other documents and he said yes. So I then gave him: (I waited for him to ask first)  5. Original Birth Certificate  6. Original Marriage Certificate  7. Original Police Certificate  8. Original AOS Form (Affidavit of Support) with Original Spouses signature  9. He asked for latest (2017) Tax Return. I said I do not have the 2017 Tax Return but I have the 2017 Tax Transcript. He said that he could take that. I asked the Officer if he needed any Tax Slips and he asked for W2’s. I said I don’t have those but have the Canadian T4 employment slips and a 1099 slip for other US income received and he said he did not need those.    For all of the above documents I had photocopies but the officer did not ask for any photocopies. For the passport photo’s I had the 2 passport photos that were uploaded to NVC with an Oct/2018 date and also 2 Passport Photo’s that I did not use for the Medical Exam when I went, that was taken with a Dec/2018 date. I asked him which of the 2 he wanted and he said the Dec/2018 date.  The list asked for the Original Divorce Certificate for yourself if applicable. It wasn’t applicable for me but was for my spouse so I gave my spouse’s Original Divorce Certificate and he said he did not need it but still looked at it and confirmed that this was my first Marriage.  When he asked for the Original Police Certificate, I said I had 3 Police Certificates obtained on different dates because of the Requirement Changes Effective Sept 10/2018, I obtain all three just in case. He asked have you lived in any other Country other than Canada and I said No. One RCMP Police Certificate was just a name and birthdate search Police Certificate (with a Aug/2018 issue date) the 2nd was with the new Privacy Rules Certificate with a Sept 10/2018 date and the 3rd was with my Picture and finger prints on it with a Oct/2018 date, taken at a Commissionaire’s office. The Officer said he wanted the Privacy Act Police Certificate with a issue date of Sept 10/2018. The last thing they confirmed was my present address where I currently live in Canada and the intending address in the US. I also explained the address given on the DS260 application was not where I was going to live but still a good address to use and was for a very close friend who lives there. I said we have a signed Rental Lease with a different address and he said we can change it at the Border when we cross into the US. He then confirmed that the Original US address given was for a house.    The Officer didn’t seem to personable but he wasn’t rude either. He seemed more to the point and wanted to do everything in order. It took about 15 to 20 mins in total, the 1st time I was called. I don’t remember exactly when I finished, it was just before 10:30. I then sat down and waited to be called for my Interview.  I waited for my interview for about another hour and noticed about 11:00 some of the persons waiting for an Immigrant Visa that came after me (I think it was all the numbers after 20) were called up 1 by 1 by name to the left windows and were advised they had to come back at 1:00 or in the afternoon. I guess they were running out of time for everyone in the morning. I was praying please don’t call me, I just wanted to get this over with. Up until that time there was only 1 female Officer calling numbers for the Interviews. Then a male voice also started, so then there was 2 Officers and it went more quickly. Also while I was waiting there were 2 groups of families that were ahead of me that took much longer when they were both called for they’re documents and for they’re interviews.    I was finally called the 2nd time for my Interview about 11:35 and asked to go to window No 8. In the Interview (very similar to other reviews) the lady confirmed who I was, then again scanned my finger prints in the same order (left, right and both thumbs) and while my left hand was on the scanner and holding up my right hand, I took the Oath, swearing an Oath of truth.  My Interview questions were:  1. What is the Petitioners name ?   2. When did you first meet your spouse ? 3. How or where did you meet your spouse ?  4. Where does your spouse live now ?  5. What does your spouse do for work ? 6. Your spouse currently works in Canada ?  7. Do either you or your spouse plan to work when you arrive in the US ?  8. Tell me about the plans you have made or what you have done to prepare to move to the US. 9. Have you ever stayed in the US for more than 6 months ?  10. Have you ever had any problems crossing the US border in the past ?    Between each question she was looking at her computer and acknowledging my answer with a nod then asked the next question. She didn’t ask me any questions about any of the documents I gave at the 1st window but she did quickly look at them all. Also she didn’t ask for any more supplementary documents. She was very quick and I was anticipating her asking for more proof of Domicile in the US.  With question No 7 - I answered that when I am able to, after I receive my Visa and Social Security No, I will be looking for work and my spouse (US Citizen) has applied for 2 jobs already and heard back from 1 employer to re-apply directly on they’re website and the other Job applied for we haven’t heard back yet. (I had email copies of communications to and from the Employers and spouses resume to show if necessary) Explained that my spouse also will continue looking for a Job upon arrival in the US. I also said we recently signed a Rental Lease for an Apartment in the US. (I also had the Original and a copy of the lease with me) I also brought the original documents and copies to support Domicile that were originally uploaded to NVC and other documents that were not given to NVC, like the Voters card and Voters record for my spouse, and 1 extra moving estimate, an updated banking summary record showing current balance totals and spouse pay stubs for 4 months. There was possibly more but the Officer did not ask for anything. I wanted to be prepared just in case because in some other interview reviews they were asked for. I think because we uploaded so much at the NVC including the letter Re- “Steps taken in good faith to Re-establish Domicile in the US no later than the date of the intending immigrants admission”, really helped. In the letter we stated what we were including and what we would have at the Interview. We uploaded to NVC, along with the letter Re-Domicile, a moving estimate, a letter from American Honda to support importing our car, bank statements from 2 Investment accounts in the US, US Bank statement showing opened in Dec/2017 and 2nd US Bank statement opened approx Aug/2018, all with Canadian address on them. The letter also explained we could provide at interview: notification to end current tenancy in Canada, also intention to end employment in Canada. Also that we would secure a residence in the US and provide a Rental Agreement at time of Interview. As stated above, the Officer did not ask for any, either Original or copy of any other document. I was surprised but relieved at the same time. But the Key was if she did, I had the document to give. So better to be prepared and not need something than not have the document and have your Visa delayed.    After explaining we recently secured a Rental Lease in the US ( the last question ) she gave back all the Original documents taken but kept the Original AOS, 2017 Tax Transcript with the Medical report and Passport pictures. I was never asked for the Vaccination Record during the 1st or 2nd time I was called.  She then said Congratulations you are approved and gave me 1 paper that said Welcome to the USA and a 2nd paper with information how to get your passport back and also how to track it. She said when you cross the Border into the US all you have to show is your Passport since all your information is in electronic form. I clarified with the Officer, so you do not need anything else like confirmation that how I registered for my passport to be returned or anything else and she said No we already know and have everything need. I think I said Thank you 2 or 3 times and gathered everything up and left Interviewing window area. The whole interview took at the most 15 mins. I was out of there about 11:50.

[NikLR 13,228]

so you had submitted all of your domicile intent at the NVC stage?

[Kat & Jim 47]

Yes, I think when you say, "Domicile Intent" thats important because my spouse listed in the letter (I helped him with the letter) what his intentions were to Re-establish Domicile in the US whether documents were included at the NVC stage and also listed what would or could be provided at the Interview stage.    I also referred to the sample letters and other information found in the guide, "vjWiki The Immigration Wiki", also reading a lot of different threads on VJ and other Reviews helped a lot. I couldn't have got through this process without VJ information and help from a lot of VJ members like yourself. VJ is great and I am so glad this part of the process is over. Just waiting for my passport.   

[santoki 2]

Has anyone had any issues receiving documents using your address abroad on the application form/for communication?

[santoki 2]

Also, in terms of your voter registration for proving domicile, I don't have a physical card but I've maintained my registration and voted by absentee ballot in the midterm election.

 

What would NVC want to see in this regard? Simply print off the voter registration page on my state voter registration look up showing my info?

Or would an email from the County Clerk's office confirming my registration info be better?

Thanks for any guidance on this one!

[santoki 2]

On 1/29/2019 at 9:54 AM, Kat & Jim said:

Yes, I think when you say, "Domicile Intent" thats important because my spouse listed in the letter (I helped him with the letter) what his intentions were to Re-establish Domicile in the US whether documents were included at the NVC stage and also listed what would or could be provided at the Interview stage.    I also referred to the sample letters and other information found in the guide, "vjWiki The Immigration Wiki", also reading a lot of different threads on VJ and other Reviews helped a lot. I couldn't have got through this process without VJ information and help from a lot of VJ members like yourself. VJ is great and I am so glad this part of the process is over. Just waiting for my passport.   

For those of us that won't physically move to the US until closer to the interview date, does Montreal have a history of asking for specific domicile documents (that wouldn't have been provided at NVC) at the interview?

For example, we still have our bank accounts and credit cards and a lease will be set up etc. But I wouldn't get my license in my home state until I returned once we had the interview date for example.

But, really, that's the only thing I wouldn't be able to do from abroad. Is that really the difference in what Montreal would deem as domiciled? What if you didn't drive a car for example?

I'm not trying to find a way around physically moving back early, but it seems like you can re-establish domicile pretty easily from abroad based on the types of items im seeing other VJers supply to NVC or at the interview. The biggest one missing would be securing a job, but it seems like you can establish domicile without having a job.

The plan for us would be for me to move back 2-3 weeks before the interview, but hoping that's the longest we have to go apart.

Edited February 18, 2019 by santoki

[Boiler 45,733]

My recollection is that NVC do not address Domicile, that is something for the Consulate.