IR1 Immigrant Visa Denied

[Lenie7 0]

I think the domicile issue rests with one employee at the consulate because it seems like everyone who has been denied gets the same guy.

I read somewhere on VJ that someone DID consult a lawyer and was told that their best bet was to move to the U.S. like Mal did. I am planning to move back in the next couple of weeks and then I will eventually send the additional proof in to Montreal.

Edited December 12, 2009 by Lenie7

[trailmix 77]

I think the domicile issue rests with one employee at the consulate because it seems like everyone who has been denied gets the same guy.

I read somewhere on VJ that someone DID consult a lawyer and was told that their best bet was to move to the U.S. like Mal did. I am planning to move back in the next couple of weeks and then I will eventually send the additional proof in to Montreal.

Moving back to the U.S. is a 100% guarantee that they can't deny you for lack of proof of domicile (unless you mess up the proof of course - I don't mean you specifically ). Of course that is always the safest bet, however it's kind of beside the issue here.

It is allowed for the petitioner to prove reestablishing domicile and it is outlined in their guides. Many have successfully done this (including me). In other countries it is not a big issue, it was not a big issue here until lately.

Where will this guy draw the line in the sand next. Will people actually be forced to give up their Canadian PR?

Edited December 12, 2009 by trailmix

[Lenie7 0]

I think the domicile issue rests with one employee at the consulate because it seems like everyone who has been denied gets the same guy.

I read somewhere on VJ that someone DID consult a lawyer and was told that their best bet was to move to the U.S. like Mal did. I am planning to move back in the next couple of weeks and then I will eventually send the additional proof in to Montreal.

Moving back to the U.S. is a 100% guarantee that they can't deny you for lack of proof of domicile (unless you mess up the proof of course - I don't mean you specifically ). Of course that is always the safest bet, however it's kind of beside the issue here.

It is allowed for the petitioner to prove reestablishing domicile and it is outlined in their guides. Many have successfully done this (including me). In other countries it is not a big issue, it was not a big issue here until lately.

Where will this guy draw the line in the sand next. Will people actually be forced to give up their Canadian PR?

Well, besides me, I know he pressured someone else recently to give up their Canadian PR status, even though they were close to dual citizenship. I get the feeling that he doesn't want people to have options. Strange.

[trailmix 77]

Yes and if he had said:

" Because you have Canadian PR I do not believe that you are truly intending to go back and reside in the U.S. "

but that should be followed up with:

Therefore give me more evidence that you are truly moving back and plan to reside there - not - give up your Canadian PR.

I would REALLY like to see how he handles a U.S. citizen who is a dual citizen, would he ask them to renounce their Canadian citizenship?

[Lenie7 0]

Yes and if he had said:

" Because you have Canadian PR I do not believe that you are truly intending to go back and reside in the U.S. "

but that should be followed up with:

Therefore give me more evidence that you are truly moving back and plan to reside there - not - give up your Canadian PR.

I would REALLY like to see how he handles a U.S. citizen who is a dual citizen, would he ask them to renounce their Canadian citizenship?

Yeah, I know! It doesn't make a lot of sense. It also seems like it is a waste of time to keep denying all these immigrant visas considering how backlogged they are in Montreal. I can't believe that the CO truly believes that there are this many people trying to get a green card without really having any intent to move to the U.S. A few denials would make sense, but it's practically every couple that isn't currently living apart in separate countries!

[Darnell 8,478]

Let me add one twisted case?

A guy I know, here...

Malaysian born, but USC from naturalization.

Married a lass from China, in China, several years ago. He moved her to Canada, she got Canadian PR status. He got Canadian PR status as well.

But.

he maintained his US Domicile, all these years. Had a house, and everything, in the USA.

IIRC, once she was in Canada, he flipped his time - 2 months in Canada, 1 month in USA, rinse and repeat.

She passed her interview with flying colours last month at Montreal, and I've not heard from him since (Busy Man, I think so ! ) They had a 'normal' I-130 petiiton, not filed via DCF.

Anyway - there's lots of variables to examine, but if ya got it all figured out and it WORKS on interview day, all is good.

[Lenie7 0]

Gee...it must depend on the day at the consulate and who you get. My situation is similar to the one below in terms of having a house AND flipping back and forth. You didn't mention it, but if he had a job in the U.S. or with a U.S. company, it probably was the clincher.

Let me add one twisted case?

A guy I know, here...

Malaysian born, but USC from naturalization.

Married a lass from China, in China, several years ago. He moved her to Canada, she got Canadian PR status. He got Canadian PR status as well.

But.

he maintained his US Domicile, all these years. Had a house, and everything, in the USA.

IIRC, once she was in Canada, he flipped his time - 2 months in Canada, 1 month in USA, rinse and repeat.

She passed her interview with flying colours last month at Montreal, and I've not heard from him since (Busy Man, I think so ! ) They had a 'normal' I-130 petiiton, not filed via DCF.

Anyway - there's lots of variables to examine, but if ya got it all figured out and it WORKS on interview day, all is good.

[Darnell 8,478]

Lenie7 - sorry - ya, I omitted that part.

He has corporation in USA. He's a business owner.

Edited December 17, 2009 by Darnell

[Cowgirl2 0]

Hello,

I'm sending documents to the Montreal consulate to prove the domicile issue like many of you guys (proving re-establishing domicile). I am a Canadian PR holder and have already applied for my citizenship here and do have a document that just came in the mail stating that they received my application and it is being reviewed. I became eligible for citizenship in June 2009. The immigration officer had an issue with my Canadian PR status and he actually manually check marked the sheet which he had already printed (he had typed proof of domicile needed to be met) with "LPR?". My question is that should I send the document showing the processing of my Canadian citizenship stating that moving to the US is not a problem for me/my Canadian PR status, or should I not send anything and ignore the matter as technically it shouldn't be a concern of theirs anyway. Thank you!

[Wyatt's Torch 45]

Hello,

I'm sending documents to the Montreal consulate to prove the domicile issue like many of you guys (proving re-establishing domicile). I am a Canadian PR holder and have already applied for my citizenship here and do have a document that just came in the mail stating that they received my application and it is being reviewed. I became eligible for citizenship in June 2009. The immigration officer had an issue with my Canadian PR status and he actually manually check marked the sheet which he had already printed (he had typed proof of domicile needed to be met) with "LPR?". My question is that should I send the document showing the processing of my Canadian citizenship stating that moving to the US is not a problem for me/my Canadian PR status, or should I not send anything and ignore the matter as technically it shouldn't be a concern of theirs anyway. Thank you!

Wow. This is becoming more and more of an issue, it seems. Looks like they're seriously questioning ANY U.S. citizen who has Canadian Permanent Residency... Hmmm.

I have no solutions or answers...just noticing that this is now a trend.

[Malrothien 6]

I would not send it in, Nee.

[trailmix 77]

Hello,

I'm sending documents to the Montreal consulate to prove the domicile issue like many of you guys (proving re-establishing domicile). I am a Canadian PR holder and have already applied for my citizenship here and do have a document that just came in the mail stating that they received my application and it is being reviewed. I became eligible for citizenship in June 2009. The immigration officer had an issue with my Canadian PR status and he actually manually check marked the sheet which he had already printed (he had typed proof of domicile needed to be met) with "LPR?". My question is that should I send the document showing the processing of my Canadian citizenship stating that moving to the US is not a problem for me/my Canadian PR status, or should I not send anything and ignore the matter as technically it shouldn't be a concern of theirs anyway. Thank you!

Hi Neela,

Just a helpful (hopefully helpful) suggestion, if you post followups in the thread you started it's easier for everyone to see what the background is on your situation.

Your original thread is here: http://www.visajourney.com/forums/index.ph...=232407&hl=

I have replied to this there