Get married in Canada, and wait out the CR-1 process..

[Sunny4567 0]

Dear GMIN-

I am a US Citizen with a Canadian husband.

I moved up to Canada got married applied for Canadian Residency

and the applied for him to get a Visa to move to the US with me.

We were just turned down for the Visa at our interview in Montreal because

of my lack of proof of US Domicile even though I have a lawyer and even though

I have been in Canada for less than 18 months.

I have learned the hard way and if you have any questions about the process, I would be

happy to answer any questions.

Best. Sunny4567

quote name='Peter/Lindsey' date='21 March 2010 - 09:01 PM' timestamp='1269223315' post='3813491']

Hey all,

About a year ago, we were on here looking for advice regarding a possible K3/CR-1 route. A few months later we decided to go with the K1, and began the process. We skipped out of it not long after, and decided to slow down and plan it all out better. What we have now decided to do is go through with the original plan of getting married in Canada, and have the USC live in Canada as the process moves along. When it's done, we want to be US bound. At the time we first came seeking advice, a few members ("wowswift" and "jonesg111") gave us a few pieces of advice. We haven't been able to private message them for further info, and so we thought the best course of action was to start over on our search for advice on this route (any hopefully they'll see this again).

So, all that being said, how can we go about this? We'd love to hear of how the process should be tackled, and what types of obstacles to expect. It seems a little more complicated when you're getting into tourist visa limits, and domicile, and whatever else it out there. It's been difficult starting all of this over!

Thanks a lot for your help, guys! Much appreciated.

[Sunny4567 0]

So funny (or not really funny) this is just what happened to us in Montreal last Wednesday.

We were turned down due to lack of proving domicile. My Boston based lawyer failed to prepare us

for this hurdle. She thought they would focus on the bank accounts. I had rented an apartment in the

US and actually moved my things into it, but didn't have any idea that I would be asked to provide the lease

etc. (Duh!) I have quite a bit of money in the US and the man who interviewed us was not impressed.

He made strange comments like "I wish I was lucky enough to have all this money and not have to work..."

I also had only been out of the US for less than 18 months. I have now sent in my apartment lease, my car registration, insurance,

driver's license, moving company details, a contract for the sale of our house in Canada etc. I just wish my lawyer had

given us the head's up regarding domicile. I was SO MAD! Also, I don't know why USCIS just doesn't make

DOMICILE something that you prove with documentation just like the marriage and the $ BEFORE they call you for

an interview! I also made the mistake of thinking that if I was with my husband at the interview that

it would show that our marriage is stable and solid. (MISTAKE!) I should have been in the US establishing my domicile.

Which is SO ironic as I have been miserable and homesick living in Canada, I just can't wait to leave. I spent the entire

month of January in the US. Oh, if I had only known I would have stayed!!!! What a stupid mistake! Make sure

you establish your Domicile people!

Also, I applied for Permanent Residence in Canada. They were wonderful me.

Other than the waiting there was no problem. The website is VERY easy to navigate.

The hard part was just putting together all my paperwork, it just took me a lot of time.

I was able through my US Funds to prove being able to support myself while the application processed.

Compared to the US Visa for my Canadian husband, Canadian Residency is so much MORE pleasant.

The interview was a super nice lady in Oshawa taking me into a nice office and asking me three questions.

Easy questions that I had already answered in the application process. I certainly wished I liked living here more

because they were wonderful to me!

The only real obstacles in the CR1 process, when both parties live in Canada, are domicile and the affidavit of support. You've read the thread so you know what to expect. You have about a year to get your ducks in a row, it can be done, you just have to decide if you are willing to do that and you are willing to risk being sent away for further evidence.

Most of the people who were asked for further evidence stated they were already domiciled in the U.S. or had maintained domicile. Both of these are almost impossible to prove (for the Montreal Consulate).

If you want to prove reestablishing domicile, you just need to focus on that alone. What will your status in Canada be? Are you just going to be a tourist? If you are planning on applying for Canadian PR - well that is another obstacle.

I haven't updated the domicile thread in a couple of months. I believe two people were recently approved. One case was way out of the norm - so not worth mentioning, the other one, I can't remember who it was. Hopefully they will see your thread and comment.

[trailmix 77]

Hi Sunny,

It's too bad you didn't find visa journey sooner - but welcome! Please keep us updated