Proving Domicile for Self-employed

[Joe Malleck 0]

Hi,

I am self employed here in Canada, and plan to remain self employed when I move back down to the states (I am the USC). My question is, if I have a lease agreement with my parents, a Washington State drivers license , Car insurance at my Washington address, a US bank account, and a business license in WA will that do it to prove domicile?

I don't plan on applying for jobs or anything. I already have a couple clients in WA so, I would keep them at least.

Has anyone had this same experience?

Thanks for the help!

Joe

[LuvIllinois 1]

I'm a little confused....if you are the USC, why would you have to prove domicile? Do you mean for your spouse?

[Joe Malleck 0]

Don't I have to prove that I intent to re-establish domicile in the US? I am the US Citizen sponsor. My wife can't prove domicile, right?

Let me know if I have that mixed up.

[LuvIllinois 1]

I guess it was just the way you phrased it. It sounded like you, JUST you, a USC, were moving...no one coming with you, LOL

I don't think it matters whether you are self employed or not. I highly recommend reading through the sticky thread at the top of this forum under "Proving Domicile". It has a lot of info on what a person needs to either establish OR reestablish domicile. For example, in my case, my husband (USC) had been living with me in Canada for the past 4 years as a permanent resident but since we lived on the US/Canada border, he still continued to commute to the US everyday for work. So all his bank accounts, credit cards, filing taxes were still done in the US. He just "lived" in Canada as a permanent resident. He never gave up ties to the US.

So it sounds to me like you are somewhat in the same situation. Actually, you are one over us since you still have your US drivers license. Just make sure to have the proof in front of you when you go to the interview since they can still give you a hard time.

[Joe Malleck 0]

Ok, Great. That's what I thought. Just another quick question. Did both of you go to your interview, or did you go alone?

Thanks for the help!

Joe

[Kimbear 53]

There are quite a few guides on this subject, and quite a few heartache posts regarding this subject as well.

Joe, I would suggest that you read those guides.I think one is pinned at the top of the Canada forum if I'm not mistaken. The only understanding I have is that you must prove you are "reestablinshing" your life in the usa on a permanent basis. Also there have been some discussions on the rules they go by and the terminology, between the "manual" and the actual person doing the check to see if you meet the criteria. Usually a house purchase / apartment lease, job contract, voter registration cards etc help. However, in your case, it looks more temporary than permanent to me. Do you have any children that will be enrolling in a school? Thats another good indicator i would imagine.

Edited October 7, 2011 by Kimbear

[Joe Malleck 0]

Hi,

Yes, I have looked through them. We have a daughter that would be going into pre-school next year. Not sure if we could enroll this early. We are moving down permanently, not temporarily. My main concern is that I'm not planning on getting a "job offer" as an employee, I'm just moving my business down to WA. I've already applied for a business license down there. Just wanted to know if that would all be enough to prove that I'm re-establishing domicile.

Thanks for the help.

Joe

[Kimbear 53]

You could get a letter maybe from the school, not sure, and the business licence etc. to transfer the business to WA would be perfect i think along with any other things like tax numbers registered to the new business etc. Never owned a business so i'm not sure what else is required. Will you be leasing a space for this business or will it be run out of your home?

The only thing that looks odd to me is that you will be moving in with your family. Hmm, come to think of it...will you be having any utilities like 2nd phone lines etc. that will also be registered to the business? That might help.

[LuvIllinois 1]

Ok, Great. That's what I thought. Just another quick question. Did both of you go to your interview, or did you go alone?

Thanks for the help!

Joe

Both of us went to the interview. I think it's probably more important in the cases of Fiancee visa's where they are trying to prove a real relationship, but in my case, DH is the better one at explaining things than I.

[Joe Malleck 0]

You could get a letter maybe from the school, not sure, and the business licence etc. to transfer the business to WA would be perfect i think along with any other things like tax numbers registered to the new business etc. Never owned a business so i'm not sure what else is required. Will you be leasing a space for this business or will it be run out of your home?

The only thing that looks odd to me is that you will be moving in with your family. Hmm, come to think of it...will you be having any utilities like 2nd phone lines etc. that will also be registered to the business? That might help.

Ok, so here's my plan. When we get an interview scheduled (who knows when that will be) I will get a place down in WA, not at my parents and move our stuff down. I think that my wife can live with her parents for a bit and visit me while I'm down there with the kids. This would probably work better for the proof of domicile, eh?

[Joe Malleck 0]

Both of us went to the interview. I think it's probably more important in the cases of Fiancee visa's where they are trying to prove a real relationship, but in my case, DH is the better one at explaining things than I.

Hmm. I'm wondering if I should go. I've been the one handling all of this since my wife has been pregnant and not wanting to deal with all of this stuff (understandably). I thought maybe that she could do it by herself, that would cut down the cost of flying out there dramatically.

Was the interview pretty tough? Do they try and trip you up?

Thanks!

Joe

[Kimbear 53]

Both of us went to the interview. I think it's probably more important in the cases of Fiancee visa's where they are trying to prove a real relationship, but in my case, DH is the better one at explaining things than I.

Actually you dont have to prove a relationship much for the fiance k1 visa...its for the aos interview that you more or less have to prove you didn't just marry for a green card, the co-mingling of life and finances. Plenty of k1's went alone to the interview and had no issue. All we had to prove is that we "physiically met in person" in the 2years preceding the visa application.

[Kimbear 53]

Ok, so here's my plan. When we get an interview scheduled (who knows when that will be) I will get a place down in WA, not at my parents and move our stuff down. I think that my wife can live with her parents for a bit and visit me while I'm down there with the kids. This would probably work better for the proof of domicile, eh?

If your going through Montreal, that could be a while. I definately think getting a place of your own would be much better. For my fiance visa it wasn't an issue, most people like me had to move in and stay with inlaws to prepare for the wedding as we were only given 90 days after poe to get married.

[LuvIllinois 1]

Actually you dont have to prove a relationship much for the fiance k1 visa...its for the aos interview that you more or less have to prove you didn't just marry for a green card, the co-mingling of life and finances. Plenty of k1's went alone to the interview and had no issue. All we had to prove is that we "physiically met in person" in the 2years preceding the visa application.

Thanks! I wasn't sure since I was an IR-1.

As for the interview, I personally didn't think it was all that difficult because this site helped to make sure I had everything prepared. I didn't feel like she tried to trip us up at all. I did personally have a bit on an issue with domicile proof (which is explained in the Domicle thread) but it was just a bit of a grey area for our situation personally. Other than that, I thought it went quick and easy!

Edited October 8, 2011 by LuvIllinois