Proving domicile when not living in the U.S.

[Ksamwise20 4]

Just to be clear, when you file Form I-864 you can put Canada as country of domicile, and then submit a ton of evidence that you have a sincere intent to re-establish domicile in the US. Once and if you are DQ'ed, the USC can actually move to the US physically to set up domicile and this proof can be submitted to the Montreal consulate  a few weeks before the interview? 

[Canucklehead 102]

20 minutes ago, mam521 said:

 

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

I'm so confused lol

Edited April 25, 2022 by Canucklehead

[Canucklehead 102]

11 minutes ago, Ksamwise20 said:

Just to be clear, when you file Form I-864 you can put Canada as country of domicile, and then submit a ton of evidence that you have a sincere intent to re-establish domicile in the US. Once and if you are DQ'ed, the USC can actually move to the US physically to set up domicile and this proof can be submitted to the Montreal consulate  a few weeks before the interview? 

Thank you for your well written and helpful response!

Edited April 25, 2022 by Canucklehead

[Ksamwise20 4]

I'm actually brand new to this myself (sent I-130 earlier this month) and was writing that up to confirm if I have the correct understanding to maximize how long the USC can stay in Canada before going back to the US

[Family One 49]

1 hour ago, Ksamwise20 said:

I'm actually brand new to this myself (sent I-130 earlier this month) and was writing that up to confirm if I have the correct understanding to maximize how long the USC can stay in Canada before going back to the US

If you want to be sure, absolutely submit a letter explaining the steps you have taken to reestablish domicile in the US, and include it with your original I-864.  Anyone who tells you to just bring it to the interview must have come out on the lucky side, and we don't all get that privilege.

 

Unless there are cases very much different that any of my acquaintances, the US citizen does not need to move back to the US before the immigrant spouse unless he/she wants to for some reason.  There is nothing preventing them from going at the same time after the visa is issued.  This IR-1 visa is intended for spouses who don't want to live apart, and a desire to stay together right up to the moving day is surely a stronger proof of legitimacy than being well established in the US.  The NVC does require a minimum of proof that you intend to reestablish US domicile, but being physically in the US should not be required.  If anyone says otherwise, I would like to hear their story.

[Boiler 45,732]

IR1 is for USCs who wish to petition their spouses to move to the US, as mentioned it is a family reunification visa, domicile in the US is one of the requirements and some Consulates are stricter than others as to what that means 

[Family One 49]

From the official government website:

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos19

 

Can a sponsor maintain U.S. domicile while living abroad temporarily?

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she departed the United States for a limited and not indefinite period of time,
• He/she intended to maintain a domicile in the United States, and
• He/she has evidence of continued ties to the United States.

Examples of proof that a sponsor’s trip abroad is temporary and that he or she has maintained a domicile in the United States may include:

• A voting record in the United States
• Records of paying U.S. state or local taxes
• Having property in the United States
• Maintaining bank or investment accounts in the United States
• Having a permanent mailing address in the United States
• Other proof such as evidence that the sponsor is a student studying abroad or that a foreign government has authorized a temporary stay

[Family One 49]

Just now, Family One said:

"Temporary" may cover an extended period of residence abroad.

The question that has never been definitively answered is what to write as "Country of domicile" on the I-864.  Probably we were supposed to write "USA" with a letter to explain that we are "temporarily" living in Canada (19 years).  However we wrote "Canada" as the domicile, with a letter to explain, and it worked fine.

[Canucklehead 102]

1 hour ago, Family One said:

The question that has never been definitively answered is what to write as "Country of domicile" on the I-864.  Probably we were supposed to write "USA" with a letter to explain that we are "temporarily" living in Canada (19 years).  However we wrote "Canada" as the domicile, with a letter to explain, and it worked fine.

That was the answer I'm looking for too! From what it seems, either one seems fine (listing Canada or United States as country of domicile) so long as you provide sufficient evidence that you are going to be moving and residing in the United States ASAP.

[lalove 0]

For the folks who chose the "intent to reestablish domicile" and the U.S.C. spouse was also the sponsor submitting i-864, did you submit i-865 change of sponsor's address form once you moved from Canada to the U.S. (hence, your address changed)? Looks like it is a requirement to do so....

Edited April 27, 2022 by lalove

[ConsistentCut 17]

Hopefully someone can help me out here. My wife has been a PR of Canada for a year, but she has never changed anything about her us residence status. Still makes US dollars working remotely, still filed taxes last year, still has her US cell phone, still has US car registration and insurance, and us bank account. We did this intentionally because we knew she had to "prove domicile." On our 130 we put no other physical addresses because that was the truth--she wasn't living here at the time. But now she is. She also has recently got a job in canada as well and is now paying CDN taxes for the past few months (no work available at her remote job for some time). So she does live here now. We never did anything about updating any of it because we felt it would make it even more complicated. But what do I say at the interview if they ask me where she lives? It's just a big mess and I am freaking out because my interview is coming up in a month.

[ConsistentCut 17]

Never mind I think I answered my own question. Domicile is your 'permanent home,' even if living abroad. Since she has never UNDONE her permanent home and is intending on returning there soon, she is still domiciled in the US. 

[Ksamwise20 4]

Any new updates here? Our I-130 recently got approved and we're on the NVC stage. I'd like to stay in Canada as long as I can (I am about to accept a remote US-based job) and will be using my parents address for domicile. 

[mam521 2,111]

On 4/8/2023 at 12:18 PM, Ksamwise20 said:

Any new updates here? Our I-130 recently got approved and we're on the NVC stage. I'd like to stay in Canada as long as I can (I am about to accept a remote US-based job) and will be using my parents address for domicile. 

Sign a Lease Agreement with your parents.  

[Ontarkie 14,305]

~~Three posts removed as they were posted in the wrong thread.~~