Proving domicile when not living in the U.S.

[Idlewild 26]

20 hours ago, Abdulm said:

Hi everyone, 

 

About to start the process of applying for CR1. My wife (petitioner) is a US citizen by birth and moved to Canada at the age of 7. She hasn't gone back since then and since we got married 5 years ago, has been a home maker. I work fulltime (Canadian citizen), we have 2 kids (Canadian citizen and will require a separate petition since they don't meet the cbra requirement). Just trying to think long term. We want to move to the US as gta is getting crazier by the day to afford and own a property. 

 

The dilemma: we didn't know her taxes need to be filed so right now we are working with an American accountant to get her up to date with taxes. She has a social security number but no place in US as her primary residence. She has alot of close family friends. My question is, how do we show intent to reestablish when we get to that point since I can't apply without having my visa approved. What should I do ahead of time to be in a good position so that we are not rejected or denied? 

As I understand it - the biggest things to secure are establishing a residence and employment.  Now, you might look at organizing some kind of lease agreement at a relatives to cover the residency.  With children, obviously it is more challenging, but my advice would be to start planning for a US job, so your (ideally wife) can show a level of income to support your family.

[Abdulm 0]

3 hours ago, Idlewild said:

As I understand it - the biggest things to secure are establishing a residence and employment.  Now, you might look at organizing some kind of lease agreement at a relatives to cover the residency.  With children, obviously it is more challenging, but my advice would be to start planning for a US job, so your (ideally wife) can show a level of income to support your family.

My wife has been a home maker for the past 5 years since we got married since I have a good position and she didn't really care whether she worked or not. 

[Idlewild 26]

12 hours ago, Abdulm said:

My wife has been a home maker for the past 5 years since we got married since I have a good position and she didn't really care whether she worked or not. 

Not a deal breaker, IMO, but get that US address sorted.

Edited February 12, 2022 by Idlewild

[darth vader 133]

On 3/30/2021 at 2:05 PM, SJS8581 said:

Husband was approved! Many thanks to all who gave such helpful insight. Below is a recap of what we submitted on CEAC about five days before his interview in regards to more evidence of intent to reestablish domicile (I’ve lived in CA since 2016 as a PR.) Surprisingly he was not asked for copies at the interview nor did he need to present them to explain. 
 

see my full Montreal consulate review on my profile

 

other proof of domicile:

(Submitted to CEAC before interview)

formal 5 page lease-with family

notarized letter from family that we will be living with them including their signature and address

copies of correspondence between us and CA realtor to sell condo

Uhaul CA quotes

Copy of my MI license

job app emails between me and US employers

Husband US recruiter correspondence

submitted at NVC: statement of intent to reestablish domicile with bulleted list and copies of -US bank statement, US credit card statement, US IRRA statement, proof of MI registered voter

Many folks like you have mentioned U-Haul moving quotes. If I am understanding correctly that is just the estimate U-Haul website generates based on the size of moving truck you select, estimated moving date, car in tow and other rental equipment etc. So did you just take a screenshot of that quote? Or do you make the payment to actually book the moving truck and provide bill/receipt?

Edited March 22, 2022 by darth vader

[ClemsonC 62]

Hi everyone! 
 

We are all currently together still living in NS. My husband is transferring to the US side of his company in June.
 

We’re currently at the NVC stage about to submit all of our documents this week.
 

We have his sister in law as a joint sponsor as my husband has no proof of US domicile yet until he moves down there. 
 

Do we just upload a letter onto NVC stating that he doesn’t have US domicile yet and can’t submit proof of domicile and that is why his sister is a co sponsor?

 
 

 

I wanted to add , we have his sister as that as he doesn’t have his official transfer letter yet and won’t until may. But we want to send our stuff off to NVC asap to limit how long we’re away from each other, as our little guy has autism and we don’t want to keep his life in chaos being apart for too long. 

Edited March 28, 2022 by ClemsonC

[Family One 49]

This is an example of what may be the minimum requirement for establishing proof of US domicile.  Following is the text of a document which was accepted, in our case, as proof of reestablishing domicile in the US.  On the original application, the domicile question was not satisfied, even though we had essentially the same information on the application.  The second time, we put this information on a separate document, which was accepted.

 

National Visa Center

Attn: DR

31 Rochester Ave. Suite 100

Portsmouth, NH  03801-2914

 

NAME: (sponsor)

SOCIAL SECURITY NUMBER: 5xx-xx-xxxx

Form I-864

Part 4, Question 5: Country of Domicile

 

To Whom It May Concern:

I, (sponsor), am currently residing in Canada with my spouse of 10 years, (applicant). I plan to return to the United States to resume my domicile in the U.S. together with my spouse when his visa application process is completed.  Below please find the list of attached documents as additional evidence of steps that I have taken to domicile in the US with my family.

Documents submitted:

·         U.S. bank account information

·         E-mail communication with school near intended domicile.

·         Social Security Cards for all the children.

If you have further questions, do not hesitate to contact me.

 

Sincerely,

 

(sponsor)

[Ksamwise20 4]

I appreciate your letter that you attached above @Family One! Would be possibly be accepted by the Montreal embassy as proof of establishing domicile or is this just for the NVC stage? 

[Family One 49]

2 hours ago, Ksamwise20 said:

I appreciate your letter that you attached above @Family One! Would be possibly be accepted by the Montreal embassy as proof of establishing domicile or is this just for the NVC stage? 

In our case, the "proof of domicile" was accepted at the NVC stage, and then commented on by the consular officer, but without additional questions.  By that point in the interview, it should have been quite clear to the officer that we were serious about immigrating.  We had no additional "proofs" such as lease agreements, jobs, moving quotes, etc. which some claim as necessary for proving domicile.  We just had a sincere, transparent desire to move near the parents and siblings living in the US.  Disclaimer:  Every case is different, and nothing posted here is proof that it would work in any other situation.

[Ontarkie 14,305]

~~One post removed, to not cause confusion to the thread. What applies to one country does not always apply to another. Please be mindful to where you post.~~

[Canucklehead 102]

Hi all, my wife and I are currently at the NVC stage and all we have left to do is the Affidavit of Support. We currently live in Canada and would like to remain living here together until our application is approved. On Form I-864 we selected United States as my wife's country of domicile, even though we live in Canada. Is that OK?

 

For documents we plan on attaching as proof of her intent to re-establish domicile;

• A letter from her parents stating we will be living at their address when we arrive (should this be notarized/any specific details we want to be sure to include?)
• Her bank account showing US funds and the address on file being the same as her parents
• Her communication with employers she is currently applying for jobs to
• Her US voter registration card
• Her most recent US taxes (2021)
• A letter of recommendation from her current employer (we were thinking since she's basically told her employer she will be leaving when accepted, this may be helpful in proving intend to establish domicile in USA)
• Potentially applying for and getting her California driver's license?

Also, we are going to use her brother as a joint sponsor - anything we should be aware of when doing that too? Thank you to all who contribute to this thread!

[mam521 2,111]

On 4/22/2022 at 10:49 AM, Canucklehead said:

Hi all, my wife and I are currently at the NVC stage and all we have left to do is the Affidavit of Support. We currently live in Canada and would like to remain living here together until our application is approved. On Form I-864 we selected United States as my wife's country of domicile, even though we live in Canada. Is that OK?

 

For documents we plan on attaching as proof of her intent to re-establish domicile;

• A letter from her parents stating we will be living at their address when we arrive (should this be notarized/any specific details we want to be sure to include?)
• Her bank account showing US funds and the address on file being the same as her parents
• Her communication with employers she is currently applying for jobs to
• Her US voter registration card
• Her most recent US taxes (2021)
• A letter of recommendation from her current employer (we were thinking since she's basically told her employer she will be leaving when accepted, this may be helpful in proving intend to establish domicile in USA)
• Potentially applying for and getting her California driver's license?

Also, we are going to use her brother as a joint sponsor - anything we should be aware of when doing that too? Thank you to all who contribute to this thread!

It is NEVER ok to lie to immigration.  That could damage your case.  

 

Your evidences sound good, but you should have been truthful on her domicile.  

[Canucklehead 102]

2 hours ago, mam521 said:

It is NEVER ok to lie to immigration.  That could damage your case.  

 

Your evidences sound good, but you should have been truthful on her domicile.  

Thanks for your response and that's what we are so confused about. We don't want to lie to immigration, obviously. However, I see some posts saying you should indicate USA as country of domicile if you intend to reestablish it in good faith. Others say that unless your country of domicile is USA that you can't even fill out the I864. So what should we be putting for country of domicile on my wife's I864?

 

We're not trying to lie but are really confused what to put for country of domicile on the I864.

Edited April 25, 2022 by Canucklehead

[Boiler 45,733]

You need to be domiciled in the US to file. This is a family reunification visa.

[mam521 2,111]

Just now, Canucklehead said:

Thanks for your response and that's what we are so confused about. We don't want to lie to immigration, obviously. However, I see some posts saying you should indicate USA as country of domicile if you intend to reestablish it in good faith. Others say that unless your country of domicile is USA that you can't even fill out the I864. So what should we be putting for country of domicile on my wife's I864?

If she lives full time in Canada, works and files taxes as a resident, she is domiciled in Canada.  Once she actually moves to the US, then she can claim US domicile.  

 

You do not have to prove intent to reestablish domicile until the time of the interview. 

[mam521 2,111]

On 4/22/2022 at 10:49 AM, Canucklehead said:

Hi all, my wife and I are currently at the NVC stage and all we have left to do is the Affidavit of Support. We currently live in Canada and would like to remain living here together until our application is approved. On Form I-864 we selected United States as my wife's country of domicile, even though we live in Canada. Is that OK?

 

For documents we plan on attaching as proof of her intent to re-establish domicile;

• A letter from her parents stating we will be living at their address when we arrive (should this be notarized/any specific details we want to be sure to include?)
• Her bank account showing US funds and the address on file being the same as her parents
• Her communication with employers she is currently applying for jobs to
• Her US voter registration card
• Her most recent US taxes (2021)
• A letter of recommendation from her current employer (we were thinking since she's basically told her employer she will be leaving when accepted, this may be helpful in proving intend to establish domicile in USA)
• Potentially applying for and getting her California driver's license?

Also, we are going to use her brother as a joint sponsor - anything we should be aware of when doing that too? Thank you to all who contribute to this thread!

 

7 minutes ago, Boiler said:

You need to be domiciled in the US to file. This is a family reunification visa.

I'm replying to the above mentioned.  It's not a reunification visa.  Really, it should be it's own thread.