Proving domicile when not living in the U.S.

[FeelingYoung66 14]

Okay, thanks canadavisa22.

[gad33 47]

17 hours ago, canadavisa22 said:

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

So fairly new. This is why it is so helpful when people come back and help others going through the process as processes change.

[mizzem 144]

I was happy to find this thread and starting reading all the posts but since there are 55 pages of posts I thought someone could help me. I am a USC and have lived in Canada for many years with my Canadian citizen spouse, we are now both retired.. I am petitioning for him to allow us to relocate permanently to the US to be near my family. In all the years of our travelling back and forth to visit we have always stayed with my brother and his family while there. I would like to print out something for my proof of domicile showing that we have a US address that we have stayed at while there until we get approved and are able to buy our own house.                                                                                                                                                                                                                                                       

Is there a template or a sample letter of this sort that anyone can recommend so I could draw something up and get my brother to sign? We never really pay them to stay so there is no rent money passed along. I've seen templates online but they don't pertain to staying with family, just renting or leasing.                      Just wondering if anyone has been in this same situation..Thanks.

[Boiler 45,507]

Not sure staying with family would hack it, maybe buy the house?

 

On a more practical basis I assume you have considered the issues with retiring to the US, Medical is usually the first biggie.

[mizzem 144]

5 minutes ago, Boiler said:

Not sure staying with family would hack it, maybe buy the house?

 

On a more practical basis I assume you have considered the issues with retiring to the US, Medical is usually the first biggie.

We aren't buying a house until all has been approved which is what is recommended. Medical has already been looked into and ready to purchase when needed.

[Boiler 45,507]

Maybe do the deal and put the funds into ESCROW pending issuance of the visa?

[canadavisa22 202]

5 hours ago, mizzem said:

I was happy to find this thread and starting reading all the posts but since there are 55 pages of posts I thought someone could help me. I am a USC and have lived in Canada for many years with my Canadian citizen spouse, we are now both retired.. I am petitioning for him to allow us to relocate permanently to the US to be near my family. In all the years of our travelling back and forth to visit we have always stayed with my brother and his family while there. I would like to print out something for my proof of domicile showing that we have a US address that we have stayed at while there until we get approved and are able to buy our own house.                                                                                                                                                                                                                                                       

Is there a template or a sample letter of this sort that anyone can recommend so I could draw something up and get my brother to sign? We never really pay them to stay so there is no rent money passed along. I've seen templates online but they don't pertain to staying with family, just renting or leasing.                      Just wondering if anyone has been in this same situation..Thanks.

Do a formal lease with your brother to show your intent to re-establish domicile. Simply staying at a family member's house while on vacation along with some bank statements won't help you prove domicile. You aren't domiciled in the US right now but you will be by the time of your husband's interview.

 

To do that, you can move back to the US a couple of months before your husband. Then you can get items to prove you have re-established domicile. For instance, a driver's license, a new bank account linked to your brother's home, your voter registration card etc.
 

Since you're retired, I'm assuming getting a job of any kind is out but if you wanted to consider it it's one of the two tenets of domicile (the other being a formal lease) and stronger proof of ties to the US.

 

This is the ideal route to go to satisfy Montreal, but if you really don't want to be separated at all then we're currently seeing examples of people being approved with just the formal lease. The problem is there is risk with this as this is only a smaller sample size that I have seen over the last few months. But worst case you don't get approved while living together and then you tough it out for a couple of months afterwards. 

 

I've made up a copy of a lease myself so feel free to PM me and I'll send you a copy. I'm still at NVC myself waiting on DQ but should hopefully be getting it soon. So it's not foolproof but feels like it's more than enough.

 

Hope that helps.

Edited December 18, 2019 by canadavisa22

[Boiler 45,507]

A Drivers License requires you to be resident.

[mizzem 144]

50 minutes ago, canadavisa22 said:

Do a formal lease with your brother to show your intent to re-establish domicile. Simply staying at a family member's house while on vacation along with some bank statements won't help you prove domicile. You aren't domiciled in the US right now but you will be by the time of your husband's interview.

 

To do that, you can move back to the US a couple of months before your husband. Then you can get items to prove you have re-established domicile. For instance, a driver's license, a new bank account linked to your brother's home, your voter registration card etc.
 

Since you're retired, I'm assuming getting a job of any kind is out but if you wanted to consider it it's one of the two tenets of domicile (the other being a formal lease) and stronger proof of ties to the US.

 

This is the ideal route to go to satisfy Montreal, but if you really don't want to be separated at all then we're currently seeing examples of people being approved with just the formal lease. The problem is there is risk with this as this is only a smaller sample size that I have seen over the last few months. But worst case you don't get approved while living together and then you tough it out for a couple of months afterwards. 

 

I've made up a copy of a lease myself so feel free to PM me and I'll send you a copy. I'm still at NVC myself waiting on DQ but should hopefully be getting it soon. So it's not foolproof but feels like it's more than enough.

 

Hope that helps.

Thank you I appreciate your reply!

[canadavisa22 202]

46 minutes ago, Boiler said:

A Drivers License requires you to be resident.

Which they would be when they move back and begin to re-establish domicile. They can visit their state's DMV website to find out what they need to do to get it since it'll vary from state to state.

[Boiler 45,507]

8 hours ago, canadavisa22 said:

Which they would be when they move back and begin to re-establish domicile. They can visit their state's DMV website to find out what they need to do to get it since it'll vary from state to state.

They are not moving until they get the visa.

[canadavisa22 202]

8 minutes ago, Boiler said:

They are not moving until they get the visa.

They never said that. They said they won't buy a house until the visa is approved. 

 

So the USC can move down to the US to stay with their brother, get their driver's license and other proof of domicile and have that ready for the beneficiary's interview. Then, after the visa is approved, they can then buy a house.

[Boiler 45,507]

Let us see if the USC wishes to relocate forst, certainly not what was said.

[mizzem 144]

27 minutes ago, Boiler said:

58 minutes ago, canadavisa22 said:

They never said that. They said they won't buy a house until the visa is approved. 

 

So the USC can move down to the US to stay with their brother, get their driver's license and other proof of domicile and have that ready for the beneficiary's interview. Then, after the visa is approved, they can then buy a house.

The thought about relocating before my husband's interview hasn't been considered and wouldn't be that simple. We have a great deal of things here to be dealt with that I wouldn't want to leave all on his shoulders. We've lived here for many years together and this is quite a major move for us. There's a lot to consider here that's why I posted my question to see if there were others now or in the past that we're in our same situation. 

 

[Boiler 45,507]

Thank you for clarifying.