Proving domicile when not living in the U.S.

[chochamu 0]

she sent in an absontee ballot in last election but i don't think there is any record of that, anyhow thanks for the response. Unfortunately i just got off the phone with my wife and a bigger problem has arisen, our co-sponsors have just filed for bankruptcy. I will post on the general board and see the responses.

[trailmix 77]

Update: Rod James was approved and his wife successfully proved reestablishing domicile review. The key piece of proof seems to be that Rod and his wife had sold their house in Canada. Rod's detailed original post regarding domicile is here

Udate: Two more denials at Montreal for proof of domicile, one approval (after initial denial).

Avery was approved, after her Husband moved back to the U.S. - thread here.

shaloma john Thread is here

neela828 Thread is here

Successful interview for Limbosage, the link below is his post detailing what he provided at the interview to prove reestablishing domicile. His wife (U.S. citizen) has been living in Canada since 2006.

That thread is here

jonesg111 Denied June 18th and again November 24th/2009, those threads are here and here (information from the 4th recent denial can be found in the second thread here, postings by nana1111).

Lenie7 denied in November 2009 - that thread is here

Brocku00 Denied in August 2009 - thread here

Simstar successfully proved reestablishing domicile at her interview in October - thread here

A VJ member who successfully proved reestablishing domicile at their interview - kemijo

kemijo's interview review

Avery had her interview October 13th and was sent away to produce more evidence of reestablishing domicile. That thread can be found here.

Other Canadian VJ members that have been asked to produce more evidence of reestablishing domicile:

Shiri

Wowswift

kristinelder

jonesg111

ink

Also a couple of other threads in the Canada forum regarding domicile:

http://www.visajourney.com/forums/index.php?showtopic=208699

http://www.visajourney.com/forums/index.php?showtopic=212678

[Cowgirl2 0]

Hey guys,

So I've made the move now to Texas. I'm sending in all the information for proof of domicile as my husband was denied his visa due to my domicile issue. In my letter should I write that I'm trying to prove re-establishing domicile or just proving domicile? Thanks!

[jonesg111 0]

Hey guys,

So I've made the move now to Texas. I'm sending in all the information for proof of domicile as my husband was denied his visa due to my domicile issue. In my letter should I write that I'm trying to prove re-establishing domicile or just proving domicile? Thanks!

I would think you are "proving domicile" since you now live there. Thats what makes this so crazy is that they specifically say you can prove reestablishing domicile but they don't seem to want to accept a lot of the proof that people are showing that used to be ok.

[Cowgirl2 0]

I would think you are "proving domicile" since you now live there. Thats what makes this so crazy is that they specifically say you can prove reestablishing domicile but they don't seem to want to accept a lot of the proof that people are showing that used to be ok.

I Just, just moved here so I thought it would be better for me to say re-establishing because I dont have proof showing that I've been living here. What do u think?

[trailmix 77]

I have replied in your other thread:

http://www.visajourney.com/forums/index.php?showtopic=232407

[TaiLi 0]

My husband and I have been through this as well. My husband has been rejected three times because we couldn't provide "enough" evidence of my domicile.

We have provided the CO with

1. my bank account in U.S

2. Our joint account in U.S

3. my investment and mutual fund

4. my cable and phone bill in U.S

5. a rental agreement

6. Car insurance

but the CO still said it is insufficient only because I am not physically in U.S. She simply told my husband that I need to go back to U.S for at least 3 or 4 months and find a job before she can consider my domicile.

Is she being reasonable?? or just being a jerk??? By her standard, that means I have to leave my husband at least 3 to 4 months AND find a job to prove my domicile. Separating with my husband is hard enough and not to mention I have to find a job? Is it against the law not to work???

Can anyone suggest what else I can do???

[Cowgirl2 0]

My husband and I have been through this as well. My husband has been rejected three times because we couldn't provide "enough" evidence of my domicile.

We have provided the CO with

1. my bank account in U.S

2. Our joint account in U.S

3. my investment and mutual fund

4. my cable and phone bill in U.S

5. a rental agreement

6. Car insurance

but the CO still said it is insufficient only because I am not physically in U.S. She simply told my husband that I need to go back to U.S for at least 3 or 4 months and find a job before she can consider my domicile.

Is she being reasonable?? or just being a jerk??? By her standard, that means I have to leave my husband at least 3 to 4 months AND find a job to prove my domicile. Separating with my husband is hard enough and not to mention I have to find a job? Is it against the law not to work???

Can anyone suggest what else I can do???

Hi TaiLi,

I know how hard it can be to be rejected, and for you its been three times already. My husband and I had an interview Dec 9, 2009 and we were denied as well. We had a CO that is infamous for denying visas due to domicile, even though before the paperwork that we had used to be sufficient. I did make the move down to the States soon after the interview even though it was tough for me because my husband and I were trying to start the process in starting a family, but what can you do if thats what they want. I'm starting a job in February that isn't anywhere near what my profession is (I'm a dentist) because in order for me to start working as a dentist I have to take a clinical exam which isn't till May and then it takes a few months after passing that exam that you can get your license itself. I can't bum around in the US till the exam and then start practicing as a dentist, so I just took the job that seemed more reasonable to me and where it was more a renewable contract position so I wouldnt be bound for a year. I believe holding a job is like solid proof that you are domicile in the US. Its better for you to go ahead and make the move rather than trying for another time and being rejected. It is tough to get a job out there, but just don't be picky. At first, I was wanting something only in the medical/dental field, but it was impossible for me to get something there so I just applied for everything. I'm lucky I did get a job and its in construction/interior design so maybe it will help me when I buy my own place in the future! I don't think you need to wait 3-4 months in order to send in your documents again after you make the move. There have been other Vj members who waited only a couple of days and went ahead and sent everything and it was fine. I, myself, moved in the beginning of January, but work for me isn't starting till Feb, but I'm sending my documents in at the end of this week. I don't think its fair for u to have to wait 3-4 months and stay away from your husband for like 6 months all together in order to get the visa.

Just hang in there, do what they want (swallow the bullet as I did) and get along with your life. I didn't take the denial really well at all and my health the next couple of days after the denial became really bad because all my plans were shattered, but I just got back on my feet, made the move, and just went full out.

I hope this helps in anyway possible. Goodluck.

[Dan and Ali 3]

Hi TaiLi,

I know how hard it can be to be rejected, and for you its been three times already. My husband and I had an interview Dec 9, 2009 and we were denied as well. We had a CO that is infamous for denying visas due to domicile, even though before the paperwork that we had used to be sufficient. I did make the move down to the States soon after the interview even though it was tough for me because my husband and I were trying to start the process in starting a family, but what can you do if thats what they want. I'm starting a job in February that isn't anywhere near what my profession is (I'm a dentist) because in order for me to start working as a dentist I have to take a clinical exam which isn't till May and then it takes a few months after passing that exam that you can get your license itself. I can't bum around in the US till the exam and then start practicing as a dentist, so I just took the job that seemed more reasonable to me and where it was more a renewable contract position so I wouldnt be bound for a year. I believe holding a job is like solid proof that you are domicile in the US. Its better for you to go ahead and make the move rather than trying for another time and being rejected. It is tough to get a job out there, but just don't be picky. At first, I was wanting something only in the medical/dental field, but it was impossible for me to get something there so I just applied for everything. I'm lucky I did get a job and its in construction/interior design so maybe it will help me when I buy my own place in the future! I don't think you need to wait 3-4 months in order to send in your documents again after you make the move. There have been other Vj members who waited only a couple of days and went ahead and sent everything and it was fine. I, myself, moved in the beginning of January, but work for me isn't starting till Feb, but I'm sending my documents in at the end of this week. I don't think its fair for u to have to wait 3-4 months and stay away from your husband for like 6 months all together in order to get the visa.

Just hang in there, do what they want (swallow the bullet as I did) and get along with your life. I didn't take the denial really well at all and my health the next couple of days after the denial became really bad because all my plans were shattered, but I just got back on my feet, made the move, and just went full out.

I hope this helps in anyway possible. Goodluck.

Neela and TaiLi, I just want to say that I feel so terrible for you both being in the situation that you are in. It seems ridiculous to me that the consulate would be so picky ... I wish you both luck.

[Malrothien 6]

They are being particular about the domicile requirements because of the economy, plain and simple.

While it sucks to leave your husband, you are going to have to do it. I did it, I hate it, and have cried every night since I left Friday, but I want my husband in the US, so I will do what is necessary to get him here.

[MrsCat 6]

so sorry for all of you. this thread breaks my heart.

[jonesg111 0]

They are being particular about the domicile requirements because of the economy, plain and simple.

I'm not trying to be smart here, but how do you know it has to do with the economy? Did they tell you that?

[Lenie7 0]

That seems strange to me, too, if that's what they're basing it on. My husband is in a high demand job category that is in short supply (he used to be H1-B at one point). The U.S. desperately needs people in his field and we were denied on domicile.

Much like others who were denied, I have moved back to the U.S. I started taking classes a week and a half ago to show that I am physically present in the states. I figure that by the end of Februrary, we will send in proof of domicile and hope that it is enough to prove I am living here. Being separated is a bummer, but it will all work out in the end.

I'm not trying to be smart here, but how do you know it has to do with the economy? Did they tell you that?

[Malrothien 6]

I'm not trying to be smart here, but how do you know it has to do with the economy? Did they tell you that?

My husband hasn't been interviewed yet, but based on some other posts here on VJ concerning the I864 requirements and what the interviewee was told - it's all economy based. DHS and DOS are being picky because of the situation here in the US.

[jonesg111 0]

My husband hasn't been interviewed yet, but based on some other posts here on VJ concerning the I864 requirements and what the interviewee was told - it's all economy based. DHS and DOS are being picky because of the situation here in the US.

But if you have completed the affidavit of support form and its been approved what difference would it make if the spouse was living in the US or not. Not to mention that their own paperwork states that the USC does not have to be living in the US to prove domicile. If they want to change the rules then they need to make it clear what they are.