Proving domicile when not living in the U.S.

[ykowalski 11]

3 hours ago, darth vader said:

Is she a Canadian PR? If so, have you accounted for the fact that she may be asked to move ahead of you to prove domicile and hence lose Canadian residency days?

She has a Canadian PR. She would lose days but to maintain her PR then she has to be present in Canada for 2 years out of 5 years, if that's the case then no problem I guess. 

[Ryan H 3,818]

**Hijack post and reply to said post removed.**

[mikebike 9]

On 11/25/2019 at 12:34 PM, darth vader said:

This is very interesting. In theory since we are in southern Ontario, we can get a U.S. lease across the border and my U.S. spouse can commute to her current Canadian job. Will this be acceptable to Montreal? Have many folks on this forum tried this?

 

@mikebike Can you please explain your situation, interview experience and proof provided in more detail for others to learn from your experience

In form I-864 it states the intending immigrant's income can be used to meet the requirements if the income will continue after moving to the US and if it is a spouse. So yes, you could work in Toronto for instance and continue that income while driving in from Buffalo or some other border town and have a lease there.

My situation is slightly different than that as my job doesn't require me to work a typical schedule and I commute by flying but not very much was asked about it during the intevriew. As for the NVC stage I just submitted a few sentences letter explaining my situation and no questions were asked.

[FeelingYoung66 14]

Maybe I'm a little slow.. but could someone please explain to me why "evidence of domicile" is even required to begin with? After all, why in the world would anyone go to all the trouble and expense of this if they didn't intend to live in the U.S. with their K-1 fiance or IR-1/CR-1 spouse? My apologies if this seems a dumb question, but I think it's worth asking.

Edited December 14, 2019 by FeelingYoung66

[Boiler 45,733]

12 minutes ago, FeelingYoung66 said:

Maybe I'm a little slow.. but could someone please explain to me why "evidence of domicile" is even required to begin with? After all, why in the world would anyone go to all the trouble and expense of this if they didn't intend to live in the U.S. with their K-1 fiance or IR-1/CR-1 spouse? My apologies if this seems a dumb question, but I think it's worth asking.

It is a family reunification visa.

[Anthony446 51]

22 hours ago, FeelingYoung66 said:

Maybe I'm a little slow.. but could someone please explain to me why "evidence of domicile" is even required to begin with? After all, why in the world would anyone go to all the trouble and expense of this if they didn't intend to live in the U.S. with their K-1 fiance or IR-1/CR-1 spouse? My apologies if this seems a dumb question, but I think it's worth asking.

exactly. What else can i provide besides housing lease?

[NikLR 13,228]

50 minutes ago, Anthony446 said:

exactly. What else can i provide besides housing lease?

This thread is full of that exact information. 

[FeelingYoung66 14]

This thread actually seems heavily weighted towards IR-1/CR-1 applicants.. which is fine of course but as a result it doesn't necessarily speak much to K-1's like me. We too are asked to provide evidence of domicile at the interview, but I am wondering if perhaps the bar on proving the domicile is set lower for K-1's simply because we don't have the petitioner there with us at the interview. Any comments on this thought?

Edited December 15, 2019 by FeelingYoung66

[canadavisa22 202]

32 minutes ago, FeelingYoung66 said:

This thread actually seems heavily weighted towards IR-1/CR-1 applicants.. which is fine of course but as a result it doesn't necessarily speak much to K-1's like me. We too are asked to provide evidence of domicile at the interview, but I am wondering if perhaps the bar on proving the domicile is set lower for K-1's simply because we don't have the petitioner there with us at the interview. Any comments on this thought?

The petitioner is not at the interview in the IR-1/CR-1 process either.

[FeelingYoung66 14]

15 minutes ago, canadavisa22 said:

The petitioner is not at the interview in the IR-1/CR-1 process either.

Doh! My mistake. Somehow I got the idea that they were.

[gad33 47]

19 hours ago, FeelingYoung66 said:

Doh! My mistake. Somehow I got the idea that they were.

They can be, but they don't have to be.

[gad33 47]

20 hours ago, FeelingYoung66 said:

This thread actually seems heavily weighted towards IR-1/CR-1 applicants.. which is fine of course but as a result it doesn't necessarily speak much to K-1's like me. We too are asked to provide evidence of domicile at the interview, but I am wondering if perhaps the bar on proving the domicile is set lower for K-1's simply because we don't have the petitioner there with us at the interview. Any comments on this thought?

Are you saying that both the USC and non-USC are living in Canada and applying for a K1 visa?

[canadavisa22 202]

3 hours ago, gad33 said:

They can be, but they don't have to be.

Nowadays, at least according to the last 25+ interviews we've seen at Montreal, the petitioner is not allowed in the building. 

[FeelingYoung66 14]

3 hours ago, gad33 said:

Are you saying that both the USC and non-USC are living in Canada and applying for a K1 visa?

Sort of. In this case the retired USC visits Canada on a U.S. passport to spend time with non-USC fiance for months at a time, but observing the six-month limit. They want to change that and live full-time in the U.S. as a married couple. To achieve that asap they chose the K-1 route over the CR-1 one.

[canadavisa22 202]

17 minutes ago, FeelingYoung66 said:

Sort of. In this case the retired USC visits Canada on a U.S. passport to spend time with non-USC fiance for months at a time, but observing the six-month limit. They want to change that and live full-time in the U.S. as a married couple. To achieve that asap they chose the K-1 route over the CR-1 one.

If the retired USC lives in the US then you're in the wrong thread. This is for when both people live abroad.

 

Otherwise, it's very easy for the USC to prove domicile.