Proving domicile when not living in the U.S.

[NikLR 13,227]

4 hours ago, Charlie87 said:

I am UK citizen and got married to a US citizen in 2016. We have been living in the US since then.

we now want to settle in the US. We are at the NVC stage and have submitted all docs.

we have a joint sponsor as my wife has zero US income as she lives in the UK with me.

you have to prove intent to reestablish US domicile.

my wife has written a letter explaining how she intends to reestablish domicile and has filed taxes, voted, renewed drivers license, maintained US bank account, contacted employers etc.

No need for your US spouse to physically be in the US in order for the application to be valid. 

Thank you for your input however, what is suitable for the UK is not suitable for the US Consulate in Montreal.  

[darth vader 133]

On 12/9/2020 at 10:06 PM, KStene22 said:

Quick question... We Dq'd May 21, and I haven't been on here in ages. I didn't even realize they had resumed interviews in Montreal!  So I'm looking through all my papers again to get my bearings.  I'm second guessing something.  My husband (sponsor) has to re-establish domicile, and on his AoS we listed his country of domicile as "Canada," then provided all of our evidence to reestablish domicile and a letter explaining his intent to do so.  Is this correct?  

What evidence did you provide? And did you upload it under "additional AOS documents"?

[KStene22 79]

On 12/22/2020 at 10:52 AM, darth vader said:

What evidence did you provide? And did you upload it under "additional AOS documents"?

Yes.  This is what we included:

- 1 year lease agreement for the family property (to commence upon our arrival)

- proof that we were prepared to submit our passport applications for our 4 children pending visa approval

- banking info in the USA

- letters of intent to homeschool prepared according to county law

- PO Box application

- Photos of the shop on family land my husband intends to work out of.  (We plan to also bring offers of employment to the interview). 

[darth vader 133]

1. If you live in Canada with the beneficiary and intend to reestablish domicile, on i-864 part 4, question 5, do you enter your "Country of Domicile" as U.S. or Canada?

2. Slight variation of the above question - If you live in Canada with the beneficiary and work for a U.S. employer remotely from Canada, on i-864 part 4, question 5, do you enter your "Country of Domicile" as U.S. or Canada?

[T&S_MTL 113]

4 hours ago, darth vader said:

1. If you live in Canada with the beneficiary and intend to reestablish domicile, on i-864 part 4, question 5, do you enter your "Country of Domicile" as U.S. or Canada?

2. Slight variation of the above question - If you live in Canada with the beneficiary and work for a U.S. employer remotely from Canada, on i-864 part 4, question 5, do you enter your "Country of Domicile" as U.S. or Canada?

My wife is the petitioner, working in Canada for a Canadian company, and we put the US as domicile. And the information you can provide, is what this thread is all about.

Edited December 31, 2020 by T&S_MTL

[NikLR 13,227]

2 hours ago, T&S_MTL said:

My wife is the petitioner, working in Canada for a Canadian company, and we put the US as domicile. And the information you can provide, is what this thread is all about.

 

On 12/27/2020 at 8:24 PM, KStene22 said:

Yes.  This is what we included:

- 1 year lease agreement for the family property (to commence upon our arrival)

- proof that we were prepared to submit our passport applications for our 4 children pending visa approval

- banking info in the USA

- letters of intent to homeschool prepared according to county law

- PO Box application

- Photos of the shop on family land my husband intends to work out of.  (We plan to also bring offers of employment to the interview). 

Let us know when you guys have your interview and if they accept domicile in your cases once you interview! It’s always good to keep updating this thread. 

[KStene22 79]

On 12/30/2020 at 4:19 PM, darth vader said:

1. If you live in Canada with the beneficiary and intend to reestablish domicile, on i-864 part 4, question 5, do you enter your "Country of Domicile" as U.S. or Canada?

2. Slight variation of the above question - If you live in Canada with the beneficiary and work for a U.S. employer remotely from Canada, on i-864 part 4, question 5, do you enter your "Country of Domicile" as U.S. or Canada?

1. We put Canada. In our circumstance my USC husband has lived here for over 10 years.  Even though we've wanted to return the entire time, he doesn't actually meet the criteria for being domiciled in the USA.  We then included a letter explaining all of the steps we have taken to permanently reestablish his domicile in the US, followed by the documentation to support.  I think if you are needing to reestablish  domicile it implies that your domicile is currently somewhere else, no?  That was our thinking, anyway.  I'd be curious to hear what other's experiences have been.  

2. I believe you could put US for this situation.  If the USC has been working for an American employer you have grounds to say that you have always had the intent of returning.

[Boiler 45,466]

Well my Dad worked for a US multinational, well apart from his National Service in the RAF, did not give him US domicile.

[gavinski91 102]

Has anyone had success lately in proving US domicile while residing in Canada? My wife (CAN citizen) and I (dual US/CAN citizen) have been married for five years, residing in Canada during that time. But for the entirety of that time I've either been attending school or working in the US (crossing the border every day). Other evidence of my US domicile we included in the NVC packet was bank accounts, credit cards, investment accounts, private school payments (we don't have kids but pay for membership in the school society) and US church membership. Our plan has been to buy a house once she gets her visa, and then move across the border into the US.

 

Just wondering if those documents likely to be sufficient to prove my US domicile, or if should we look to get a signed lease prior to the interview.

Edited January 21, 2021 by gavinski91

[canadavisa22 202]

1 hour ago, gavinski91 said:

Has anyone had success lately in proving US domicile while residing in Canada? My wife (CAN citizen) and I (dual US/CAN citizen) have been married for five years, residing in Canada during that time. But for the entirety of that time I've either been attending school or working in the US (crossing the border every day). Other evidence of my US domicile we included in the NVC packet was bank accounts, credit cards, investment accounts, private school payments (we don't have kids but pay for membership in the school society) and US church membership. Our plan has been to buy a house once she gets her visa, and then move across the border into the US.

 

Just wondering if those documents likely to be sufficient to prove my US domicile, or if should we look to get a signed lease prior to the interview.

Get a lease. If you don't have a home in the US there's nothing tying you to the country. All of the things you mentioned you're able to maintain as a non-resident. You don't have to get your own home - sign a lease with a family member. Have a look through the last 5-10 pages of this thread for any more info. 

[KStene22 79]

I have my interview on Feb 8th, and we will need to demonstrate my USC husband's intent to reestablish domicile.  I'll try to remember to keep you posted.  

[darth vader 133]

On 1/8/2021 at 9:04 PM, KStene22 said:

1. We put Canada. In our circumstance my USC husband has lived here for over 10 years.  Even though we've wanted to return the entire time, he doesn't actually meet the criteria for being domiciled in the USA.  We then included a letter explaining all of the steps we have taken to permanently reestablish his domicile in the US, followed by the documentation to support.  I think if you are needing to reestablish  domicile it implies that your domicile is currently somewhere else, no?  That was our thinking, anyway.  I'd be curious to hear what other's experiences have been.  

2. I believe you could put US for this situation.  If the USC has been working for an American employer you have grounds to say that you have always had the intent of returning.

Thank you for your reply. Do you mind expanding on what documents you provided to NVC to prove your intent to reestablish domicile? Sorry if you already answered this somewhere else. I tried finding it but this comment is the closest I got. Thanks again!

[KStene22 79]

9 minutes ago, darth vader said:

Thank you for your reply. Do you mind expanding on what documents you provided to NVC to prove your intent to reestablish domicile? Sorry if you already answered this somewhere else. I tried finding it but this comment is the closest I got. Thanks again!

This is what we are going with:

Rent to own agreement for the next 16 months for the family ranch in Montana,

Pics of the fully functioning shop on said property from which my husband can work

(Working on written communication with local contractors offering work... lots of verbal approval but obviously we need something in writing)

bank statements

proof of po box

Letter of intent to homeschool our oldest

prepped passport applications for our kids

 

All we can do is try!  This is the best we can do for now without separating.  If they want more, my husband can move back and start working in a heartbeat.  

[SJS8581 28]

@KStene22 good luck this week! Please do keep us posted.

 

My husband’s interview is March 26. I’m US citizen living in Alberta as a PR with him (Canadian citizen) since 2016. I’ve been applying to work back in MI without luck yet and don’t want to move back to MI before his interview with the more strict and expensive international flight covid rules now, plus we are trying to conceive...but like others I’m concerned the consulate won’t approve without me living back in MI by the time he goes for his interview.

 

I submitted a letter on my intent to re-establish domicile in US with my paperwork last summer,

-provided proof of MI registered voter, and voting record since 2016

-have kept my Michigan cell#
-submitted proof of my MI bank account, IRRA and US credit card statement 

-stated I would get my MI drivers license back on my next visit since I had to turn it in when I got my Alberta license. I now have my MI license.

I’ll have a formal lease signed with family we will be living with for my husband to present at his interview. If I don’t have a job offer by March 26 then would have emails to show my applications and their replies to show my continued job search. My husband’s Alberta Union pension, which could be liquified, and our savings were approved in the affidavit of support.

 

I’m nervous this will not be enough for proof of domicile. We have to sell our condo here so we won’t be leaving for a couple months after the interview. Can anyone offer advice? It would be much appreciated. I’ve read the whole thread and yes I’m still reaching out haha. Thank you!

[mizzem 144]

10 hours ago, SJS8581 said:

@KStene22 good luck this week! Please do keep us posted.

 

My husband’s interview is March 26. I’m US citizen living in Alberta as a PR with him (Canadian citizen) since 2016. I’ve been applying to work back in MI without luck yet and don’t want to move back to MI before his interview with the more strict and expensive international flight covid rules now, plus we are trying to conceive...but like others I’m concerned the consulate won’t approve without me living back in MI by the time he goes for his interview.

 

I submitted a letter on my intent to re-establish domicile in US with my paperwork last summer,

-provided proof of MI registered voter, and voting record since 2016

-have kept my Michigan cell#
-submitted proof of my MI bank account, IRRA and US credit card statement 

-stated I would get my MI drivers license back on my next visit since I had to turn it in when I got my Alberta license. I now have my MI license.

I’ll have a formal lease signed with family we will be living with for my husband to present at his interview. If I don’t have a job offer by March 26 then would have emails to show my applications and their replies to show my continued job search. My husband’s Alberta Union pension, which could be liquified, and our savings were approved in the affidavit of support.

 

I’m nervous this will not be enough for proof of domicile. We have to sell our condo here so we won’t be leaving for a couple months after the interview. Can anyone offer advice? It would be much appreciated. I’ve read the whole thread and yes I’m still reaching out haha. Thank you!

Ours is almost identical situation. My husband's interview was last week and when asked for our US address he gave my brother's which is where we have resided for years when we are there visiting. We also uploaded a notarized letter with that information to NVC with all our other documents. I also uploaded whatever proof of my domicile I have, along with a letter on my behalf stating my intent to re-establish domicile in US,  even though I have lived in Canada for many years with my spouse (I am also a Canadian PR). We also have to sell our house here in Canada and are planning on purchasing a house in the US as soon as we can freely drive back and forth but Covid has put a damper on that at the moment. The CO understood all of that when my husband told him all of that and all was good. His interview only took an hour!