USC Petitioner Moves outside of US during process

[dirtpile 0]

i'm one of the unlucky ones who got transferred to tsc.

as a usc and a current resident what happens if i move outside of the US during this process? do my applications continue to move and i can then continue through nvc from canada once they come out of the black hole that is the TSC? or do i effectively start over once i move outside of US?

i've looked around and can't find any resources.. any help??

[canadian_wife 1,829]

Where will you be moving to?

The consulate in Canada is VERY strict about domicile - as in the USC must prove that he/she lives in the US, this generally requires to be living and working in the US. Again, they are VERY strict about this

How long will you be gone for?

Things should continue on as scheduled, NOA2, NVC, then the consulate will receive the petition

Good luck

[dirtpile 0]

i mean if i move back to canada then do i have to start over. or can i just continue the process from there? or do i need to wait a certain period of time to apply through consular processing as i will no longer be a u.s. resident

[Inky 1,111]

If you are moving to Canada read up on DOMICILE. As Canadian wife said. Montreal is VERY strict with DOMICILE in the USA and the proof at the interview.

Are you talking about permanently moving to Canada? or just for the process?

[canadian_wife 1,829]

well, you can't move to Canada without authroization, are you thinking of applying for PR status in Canada or just traveling there to visit for your 6 months that Canadians are given?

Good luck

[Nataliya-Ron 7]

Well I filed a CR-1 and than later went to the Ukraine for 6

months and than back to Beverly Hills. Stayed there for awhile

and returned than got a 1 year Visa back to the Ukraine came

back over here. Since im retired and have income from the VA

and SS I decided to visit here while the process is being done.

I am not a perminent resident, only visiting here until CR-1

approved. And bringing her back.

Nothing says you cant visit while you process is in progress.

Besides she still her and im visiting, she broke no rules

and I can visit anybody any time. IM not confined to only

Beverely Hills until she approved.

Good Luck

[dirtpile 0]

I've started process. I'm a USC and US resident but also have Canadian PR status. If I simply move back to wait out the process does that mean when my I130s come through USCIS I can then continue to file/process them through the NVC living back in Canada full time. Then when everything is done I move back with the family.

OR

does it mean that I start over and have to wait 6 mos to file DCF as a PR of Canada and have essentially flushed what progress I've made?

[canadian_wife 1,829]

You can continue on the process the way you are

Take note to what Inky and I said, it is a VERY strict consulate to deal with - Montreal - dealing with domicile. They require a job and a home in the US to prove domicile

Good luck

[dirtpile 0]

I'm still confused. Assuming I move back I then would give up my job and domicile in the US but you said I could continue the process. Those don't seem to mesh.

Assuming I'm back in Canada (PR of Canada and USC) and am working and living with my family in Canada and then my I130s come through the mess at TSC. I now have all my I130's for my family members. Am I then able to apply for visas for them with no US job/domicile? Could I simply find a co-sponsor with US domicile to do so and I still retain the approved I130s? Or be/c I've moved outside of US do I need to restart the process and prove through I130s all over again taht they are related to me.

Not sure I'm explaining myself very well.

Thanks

[canadian_wife 1,829]

If you are a PR of canada, you have the OPTION of doing DCF. You can still continue the process if you started it while in the US and then moved to Canada. You do not HAVE to file DCF

Having a US resident co-sponsor does not get you around the domicile issue. This is such an issue in Montreal that there is a pinned topic in the Canada forum with 12+ pages of posts.

Since you are not living in the US, whether you file DCF or not, you still have to prove domicile

http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

Good luck

[Inky 1,111]

Basically, at the interview, they will ask to see proof of you keeping a house, job, utilities, bank account - a life in the USA.

If you have no proof or not enough they will tell you the USC to GO HOME - GET THE PROOF - and send it to them and they will take their pretty sweet time to say - ok they can have the visas and move to America to be with you. Some Canadians have gone through HORRIBLE experiences with this. It is a pinned topic in the Canada section of this website thats how bad it is. Please go to the Canada regionals and See the Domicile thread.

[dirtpile 0]

So I could move back and then when I130s are approved apply for the visas but would need to prove domicile such as a job offer etc to return. But even without domicile they can't turn me down from coming back as a USC but would presumably turn down my family be/c I have "nothing" to show that I could provide for them. that is what is meant by domicile i assume?

[canadian_wife 1,829]

As a USC, you cannot be denied entrance back to the US. However, the US consulate in Montreal will not grant visas to your family unless the domicile issue has been resolved. This can add MONTHS onto your journey - you would have to return to the US to re-establish domicile and then wait for the visas to be issued

Good luck

[Inky 1,111]

Showing a job offer in the past has not worked for people, they have had to actually go back to America and take the job then prove that they accepted and are working at the job with employer letters pay stubs etc. Hence why we keep telling you it is a serious thing at the Montreal consul and to read the domicile thread. People have gone through hell to get their visas after an upset at the interview about it. Then waited even longer after the USC went home and sent in the evidence to Montreal.

IMHO it does not seem worth it to even mess with domicile and trying to live in Canada to wait out the process.