Montreal denied!!!

[Wyatt's Torch 45]

In reading what you are saying Wyatt it seems you are only looking at it, somewhat, from the Canadian point of view. While what Dalene is saying may sound arrogant (in a way) to you, it doesn't sound that way to me at all.

Actually, I'm doing my damnedest to think of it from an American point of view. Ultimately I think the CO is thinking, "Okay, so she's gone through all the steps to become a Canadian resident. Her husband is Canadian and is clearly doing well for himself in Canada. He already spent time in the U.S. on an H1-B visa but moved back." Where is the incentive for him to grant a visa? To him, Dalene and her hubby seem like a happy CANADIAN family.

Anyhow, I'm not trying to sway opinions here...really. I'm not going to keep bonking you over the head with what I believe to be the U.S. CO's mindset. Ultimately, all I want is to see ALL of us as happily united couples in the U.S.

[Lenie7 0]

That sounds very judgmental - my applying for immigration doesn't appear "cosmetic" as my family, home, and most of my ties are in the U.S. No matter how much money we make, I could go get a job at Burger King in the U.S. today and they would issue the visa. I don't think your argument is valid.

Of course it's judgmental! That's the point. I'm trying to think like the CO, and I'm pretty sure I understand why he denied you.

NOT that I think you should have been denied...I just understand why he made the judgment he did.

Honestly, from the reviews posted in the past few weeks - this guy sees a USC living in Canada and goes in with the decision already made to deny. Look at Simistar's review - they guy didn't even want to look at any of her husband's proof, even though he had a job offer in the US!

I think you're right...as soon as he latched on to the fact that I had a Canadian PR card, he wouldn't let go. Oh well, I guess I need to move forward and figure out the best way to handle things.

Thanks everyone for your encouragement!!!

[trailmix 77]

Anyhow, I'm not trying to sway opinions here...really. I'm not going to keep bonking you over the head with what I believe to be the U.S. CO's mindset. Ultimately, all I want is to see ALL of us as happily united couples in the U.S.

Yes, i'm going to agree to disagree with you on this one

[Lenie7 0]

In reading what you are saying Wyatt it seems you are only looking at it, somewhat, from the Canadian point of view. While what Dalene is saying may sound arrogant (in a way) to you, it doesn't sound that way to me at all.

Actually, I'm doing my damnedest to think of it from an American point of view. Ultimately I think the CO is thinking, "Okay, so she's gone through all the steps to become a Canadian resident. Her husband is Canadian and is clearly doing well for himself in Canada. He already spent time in the U.S. on an H1-B visa but moved back." Where is the incentive for him to grant a visa? To him, Dalene and her hubby seem like a happy CANADIAN family.

Anyhow, I'm not trying to sway opinions here...really. I'm not going to keep bonking you over the head with what I believe to be the U.S. CO's mindset. Ultimately, all I want is to see ALL of us as happily united couples in the U.S.

Okay, here's my last comment on this point. If you're using incentive as a motivation, then that's like saying they should deny immigration benefits to spouses of USC's who don't have enough education or money because what's their incentive to do so? That would be unfair and unjust.

I don't believe this is supposed to be based on the incentive or perceived need that the issuing officer has, but whether we meet their guidelines. I believed that I met the domicile requirement according to the guidelines since all my stuff is down in the U.S. including my house, car, etc. He disagreed and I have to provide more proof - end of story. My issue is just that I feel that the domicile guidelines weren't applied correctly or uniformly. He has no right to insist I give up a PR card in Canada.

Edited November 24, 2009 by Dalene

[Blitz 3]

I'm so very sorry to hear about your denial - I can just imagine how upset and frustrated you are! I can't believe the comments he made - discussing his separation from his wife (basically saying, "I had to suffer through it, so you should too") and talking about you being "rich". Wow. Very unprofessional. And to say you have to give up your Cdn PR card???? Crazy.

My fingers are crossed for you.

[INK 0]

Darlene - Did the CO give you a sheet that explains domicile? The CO at my interview was a woman and she was very nice and professional. She highlighted the exact rules of domicile in the sheet as well as the part that explains what they want you to provide. Did your CO do that? I think the other CO seems to bring his personal blend into this grey area...

We are in very similar situation except for the fact that my wife is a dual citizen. I have also worked extensively in the US on L1A and TN visas and am also doing well in canada, but yet we have decided to move to the US. I do not think any of this is relevant.

[INK 0]

Darlene - Did the CO give you a sheet that explains domicile? The CO at my interview was a woman and she was very nice and professional. She highlighted the exact rules of domicile in the sheet as well as the part that explains what they want you to provide. Did your CO do that? I think the other CO seems to bring his personal blend into this grey area...

We are in very similar situation except for the fact that my wife is a dual citizen. I have also worked extensively in the US on L1A and TN visas and am also doing well in canada, but yet we have decided to move to the US. I do not think any of this is relevant.

BTW I can send you the sheet they gave me - just send me a personal message with email.

[Lenie7 0]

Darlene - Did the CO give you a sheet that explains domicile? The CO at my interview was a woman and she was very nice and professional. She highlighted the exact rules of domicile in the sheet as well as the part that explains what they want you to provide. Did your CO do that? I think the other CO seems to bring his personal blend into this grey area...

We are in very similar situation except for the fact that my wife is a dual citizen. I have also worked extensively in the US on L1A and TN visas and am also doing well in canada, but yet we have decided to move to the US. I do not think any of this is relevant.

Hi Ink, yes they did give a sheet on how a petitioner can re-establish domicile in the U.S. I do have a residence there and other things, but it boiled down to him wanting me to turn in my Canadian PR card and/or getting a job in the U.S. because he didn't feel that the others were enough. The sheet does list some stuff, but in the end, it says the determination is up to the CO. Did you resolve your residency issue yet? If so, what did you decide to do?

[Revenesque 2]

Wow, Dalene! Sorry to hear about the interview.

Now I'm worried about my case. Currently, we have submitted an application to the Canadian Immigration for my American hubby to get his PR Card. He currently lives and works in the Seattle, while I'm live and work in Vancouver. Concurrently, we are also submitting an application to the US so I can get the green card. Now I'm wondering would I be denied the green card because he has his PR card?

[INK 0]

Darlene - Did the CO give you a sheet that explains domicile? The CO at my interview was a woman and she was very nice and professional. She highlighted the exact rules of domicile in the sheet as well as the part that explains what they want you to provide. Did your CO do that? I think the other CO seems to bring his personal blend into this grey area...

We are in very similar situation except for the fact that my wife is a dual citizen. I have also worked extensively in the US on L1A and TN visas and am also doing well in canada, but yet we have decided to move to the US. I do not think any of this is relevant.

Hi Ink, yes they did give a sheet on how a petitioner can re-establish domicile in the U.S. I do have a residence there and other things, but it boiled down to him wanting me to turn in my Canadian PR card and/or getting a job in the U.S. because he didn't feel that the others were enough. The sheet does list some stuff, but in the end, it says the determination is up to the CO. Did you resolve your residency issue yet? If so, what did you decide to do?

Amazing timing - I received my visa today - was so not expecting it So there is hope...

I provided them with lease agreement with wife's parents, job offer, school registration for daughter, and house sales listing in canada.

[Avery 0]

Oh Darlene I am so sorry to hear that happened! =( One thing you said set off alarms that our immigrating officer said to us were very similar. He is completely out of line telling you to get rid of your PR card. Canada has special clauses to accommodate people who take their Canadian Spouses with them to their home country so they don't have to go through the process again.

What did he mark down on your refusal worksheet? He wrote "domicile" and told us "I am writing one word on here to indicate what you need to prove, domicile, and thats it"

The strange part is he told us a lease or mortgage, job offer, renewed drivers license were examples that he said we needed to provide.

The guy we had was rather short wore a blue suit and had ice blue eyes. Blonde short hair. All in all he was right to refuse us as much as I hate to admit it but for what you had I'm in shock too. I'd recommended just gathering the paper work of all the proof make a cover letter and send it all in.

[jonesg111 0]

The crazy thing that we've now run into is that after submitting all the proof of domicile that they requested, we were rejected again!!! They sent back the letter today with the same sheet explaining how to prove domicile that we had the first time!

Seriously if the whole point of immigration is to tick people off then they're doing a good job.

Why can they not just stick with their own rules, they asked for rental agreement, bank statements, job offers, etc then got them and still refused!

had was rather short wore a blue suit and had ice blue eyes. Blonde short hair. All in all he was right to refuse us as much as I hate to admit it but for what you had I'm in shock too. I'd recommended just gathering the paper work of all the proof make a cover letter and send it all in.

That almost sounds like the guy we had, he was a jerk.

[Lenie7 0]

I guess I felt I had everything with the exception of a job offer and proof of giving up my Canadian PR. I've owned my house in the U.S. for several years, have a U.S. driver's license (no Canadian license), bills in my name, car registrations in my name, and U.S. insurance for house and cars, etc. In looking at the list they gave me, the only options of further proof are getting a U.S. job and/or giving up Canadian PR. He even admitted that I had several "checks" on the U.S. side, but couldn't get over the one "check" of having Canadina PR.

I am thinking that I may just go ahead and get a job in the U.S. and submit proof, or maybe go back to university. My intent is definitely to move back to the U.S. and that seems my only way to prove it. Bummer.

[Avery 0]

Especially for a license, you need to prove to your state that you are a resident before they issue you one. So if your state sees you fit living there to give you a drivers license, what is holding up immigration?

[Lenie7 0]

The crazy thing that we've now run into is that after submitting all the proof of domicile that they requested, we were rejected again!!! They sent back the letter today with the same sheet explaining how to prove domicile that we had the first time!

Seriously if the whole point of immigration is to tick people off then they're doing a good job.

Why can they not just stick with their own rules, they asked for rental agreement, bank statements, job offers, etc then got them and still refused!

had was rather short wore a blue suit and had ice blue eyes. Blonde short hair. All in all he was right to refuse us as much as I hate to admit it but for what you had I'm in shock too. I'd recommended just gathering the paper work of all the proof make a cover letter and send it all in.

That almost sounds like the guy we had, he was a jerk.

I agree with your assessment that they don't even accept their own requirements for domicile. They want "proof" and when you submit it, they tell you it's not good enough. I'm not sure if I had the same guy, but it sounds like it may be and he DID wear a blue suit. He said to me, "I believe you want to move back to the U.S., but I can't get over the fact that you have Canadian PR." So, if he believes that I want to move back AND I have my house, cars, insurance, driver's license, bank accounts, and retirement accounts there, you would think it would be an easy decision. It really doesn't make a lot of sense, except that they want to separate spouses for a while, with no guarantee of issuing a visa. Crazy!!!