Required to have U.S. domicile/intent to reestablish domicile ?

[Francis123 0]

After reading the guides for DCF for a spouse, it states it's required to have a US domicile/reestablish US domicile? So if it's my intent to move back to the US once my spouse is approved, I can file? Or must you have an existing address/house in the US to file?

[YuAndDan 153]

I have heard Montreal can be very tough on the domicile issue, No US Domicile, no I-864, no I-864, no visa.

Common topic: http://www.visajourney.com/forums/topic/299242-american-living-in-canada/

London has a good page of ideas: http://london.usemba...4_domicile.html

Domicile

Domicile is a complex concept and must be evaluated on a case by case basis. To qualify as a sponsor, a petitioner residing abroad must have a principal residence in the U.S. and intend to maintain it indefinitely. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

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 left 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.

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a Domicile in the United States, he/she must re-establish a U.S. Domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence

• Find employment in the United States
• Secure a residence in the United States
• Register children in U.S. schools
• Relinquish residence abroad
• Other evidence of a U.S. residence

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor.

http://travel.state....nfo_3183.html#3

Moving to DCF forum...

[Francis123 0]

I have heard Montreal can be very tough on the domicile issue, No US Domicile, no I-864, no I-864, no visa.

Common topic: http://www.visajourney.com/forums/topic/299242-american-living-in-canada/

London has a good page of ideas: http://london.usemba...4_domicile.html

http://travel.state....nfo_3183.html#3

Moving to DCF forum...

Do you have examples of petitioners being refused through Montreal? Also, do they not accept intent to re-establish domicile, only a current domicile for Montreal?

[sammy060382 1]

Do you have examples of petitioners being refused through Montreal? Also, do they not accept intent to re-establish domicile, only a current domicile for Montreal?

Hi Francis,

There are examples of people being declined in this thread: http://www.visajourney.com/forums/topic/265442-canadian-dcfs-waiting-for-interview-in-montreal/. You may need to browse through the thread a bit, but it definitely happens a fair bit in Montreal.

If you have intent to re-establish domicile (eg. a lease agreement for the future, etc.), you shouldn't have any problems. My husband showed our lease starting in April and they were fine with that.

Cheers,

- Sam

[housewife 1]

The first filing, and I forget the # of the application, when you first go I had no US address. They accepted my petition but were clear that at the final interview I would have to have a US address/domicile.

So you can do the preliminary work if you are a permaent resident in the other country but you have to have a US address at the final interview.

I had a lease and I had utility bills, insurance and a business and a phone # all in the US by the time the interview came.

So you can apply but you will need the US address to get approved and proof like lease or home owner deed etc.