Advice on some issues

[Jamal 12 0]

Hello,

I need some advice from you guys. I am a dual US/CAN citizen currently living in the US in Detroit. I recently got married to my wife in WIndsor which is a border city to Detroit. Now i'm going to be applying for her soon. My job is starting in July and will be in Detroit so its a commutable distance from Windsor.

My questions is in regards to this whole issue with domicile. Now i have two options. Keep my place of residency and establish my domicile in US where im currently living except that I will have to get ontario license plates because I will be travelling daily from Windsor to Detroit since I want to live with my wife

Second options is to establish my domicile as canada but then I have to go on to proving domicile which from some people I hear is a tricky issue.

Second question is in regards to affadivt of support. For the past year I have been a student and so ive always filed depended under my parents. My job starts in July ~50,000$. Should i just sumbit proof that I have my job starting in July or will I need a co-sponsor for this.

I'm very new to this so i appreciate all the help.

[NikLR 13,232]

I don't have advice as to commuting from Windsor to Detroit and vice versa, however having a job in the USA is one of the best things to prove domicile. For your AOS, keep your pay stubs and when the time comes, get a letter from your employer stating your yearly salary. You should not need a co-sponsor at all. The AOS will not be needed for 4-6 months or more. Remember a CR1 takes the better part of a year. Mine will be 8 months from start to finish. Some people do get through quicker, but it's less common than not.

[canadian_wife 1,827]

Montreal is a very strict consulate regarding domicile, keep your residency in the US to make your journey easy. Why do you need Ontario plates?

By the time you get your interview you should have pay stubs for your new job, does it meet the income requirements?

Good luck

[Jamal 12 0]

the only reason why i will need ontario plates is because temporarily i want to live with my life who lives in windsor and i will be commuting to detroit everday (45 min drive). If i'm coming back into canada everyday with michigan plates, the canadian side wil give me trouble because if i have michigan plates i should be living in the states. That's the only reason why i would need canadian plates because I will be "temporarily" living in windsor (6-12 months). Otherwise all the other stuff such as domicile I want to keep in the US.

the job does meet income requirements ~50,000$ for just me and my wife. I believe it is well above the poverty line.

Montreal is a very strict consulate regarding domicile, keep your residency in the US to make your journey easy. Why do you need Ontario plates?

By the time you get your interview you should have pay stubs for your new job, does it meet the income requirements?

Good luck

[NikLR 13,232]

Uhm.... I'm not sure think you can do that. You know that Canada has the same laws as the USA regarding visiting and unless you have permission from the CBSA you can only visit in Canada for 180 days per 12 month period. Only they can extend that unless you've applied for an extension as a visitor through Canada Immigration. As a visitor I don't think you have the right to have Ontario plates on your vehicle either, but you'd have to check with the province with that. You could have the car registered to your wife so that it can have Ontario plates BUT the CBP can throw a stink and make you leave the car at the border as well since it's not yours.

Just some things to think about.

Edited June 3, 2013 by NikiR

[Jamal 12 0]

I am also a canadian citizen so i dont have any issues with getting a ontario drivers license and ontario plates. my only issue is whether i shud be putting my domicile as canada or the US if i will be living in ontairo for 6 - 12 months

Uhm.... I'm not sure think you can do that. You know that Canada has the same laws as the USA regarding visiting and unless you have permission from the CBSA you can only visit in Canada for 180 days per 12 month period. Only they can extend that unless you've applied for an extension as a visitor through Canada Immigration. As a visitor I don't think you have the right to have Ontario plates on your vehicle either, but you'd have to check with the province with that. You could have the car registered to your wife so that it can have Ontario plates BUT the CBP can throw a stink and make you leave the car at the border as well since it's not yours.

Just some things to think about.

[NikLR 13,232]

Hrm.... The USA is better for domicile since you are moving on that direction. But whatever makes it easier on the two of you. You can always establish domicile later on closer to moving by getting a lease in the USA. You don't need to prove domicile until the NVC stage.

Btw I suggest getting nexus if you don't already!

Edited June 3, 2013 by NikiR

[NikLR 13,232]

BTW sorry for not remembering yer a dual citizen. I'm nervous and anxious for my appt tomorrow.

[Darnell 8,479]

re: Domicile - USA, baby ! trumps a lot of silliness on interview day.

re: canadien plates - no worries there - as yer using yer canadian passport to enter canada, and yer usa passport to enter the usa.

[Jamal 12 0]

I hope everything goes will with your appt. Thank you for the advice everyone

BTW sorry for not remembering yer a dual citizen. I'm nervous and anxious for my appt tomorrow.

[hikergirl 277]

Hrm.... The USA is better for domicile since you are moving on that direction. But whatever makes it easier on the two of you. You can always establish domicile later on closer to moving by getting a lease in the USA. You don't need to prove domicile until the NVC stage.

Btw I suggest getting nexus if you don't already!

I agree with the NEXUS card. It can really speed up the crossing.

[Kathryn41 3,205]

You will need eventually to establish your domicile in the US, and as a dual US/Canadian citizen you are allowed to live in either country. You can have US plates on your car and still return to Canada every evening to spend it with your wife. Since you have no residency requirements for either country, where your car is plated should not be a problem, but having US plates will also help to show domicile in the US. If Canadian authorities question your travel, you can simply explain that you are a dual citizen and sponsoring your wife to immigrate to the US, so you need to have domicile in the US yourself in order to do so, but in the meantime, you are still living together in your home in Canada while you work every day in the US.

[The Mean Lady 604]

Agreed with most of the above.

Keep your US address.

Keep your US plates.

I spend upwards of 3mos at a time up here since 2009 and no one is questioning my IL plates lol.

You'll be find as long as you hold a license and residence in the US.

[Jamal 12 0]

to be honest i would rather keep everything US but my only issue runs into when I will have to cross the border everyday. Now i could tell the canadian authorities that im visiting my wife every night but wiould they take that for a whole year possibly? secondly, for a nexus card i applied earliyer and got denied and they mentioned that it might have been due to the fact that my home address is in the US and my study/work was in the US as well so they were prob thinking why exactly this guy needs a nexus card. I was thinking that now if i get canadian plates and an ontario drivers license and tell them that i work in detoit which is why I need the nexus card, perhaps that would be better in getting the nexus card.

You will need eventually to establish your domicile in the US, and as a dual US/Canadian citizen you are allowed to live in either country. You can have US plates on your car and still return to Canada every evening to spend it with your wife. Since you have no residency requirements for either country, where your car is plated should not be a problem, but having US plates will also help to show domicile in the US. If Canadian authorities question your travel, you can simply explain that you are a dual citizen and sponsoring your wife to immigrate to the US, so you need to have domicile in the US yourself in order to do so, but in the meantime, you are still living together in your home in Canada while you work every day in the US.

[The Mean Lady 604]

to be honest i would rather keep everything US but my only issue runs into when I will have to cross the border everyday. Now i could tell the canadian authorities that im visiting my wife every night but wiould they take that for a whole year possibly? secondly, for a nexus card i applied earliyer and got denied and they mentioned that it might have been due to the fact that my home address is in the US and my study/work was in the US as well so they were prob thinking why exactly this guy needs a nexus card. I was thinking that now if i get canadian plates and an ontario drivers license and tell them that i work in detoit which is why I need the nexus card, perhaps that would be better in getting the nexus card.

People from the US get nexus cards all of the time.

You are a dual citizen.

You can cross back and forth whenever you want for as long as you want.

In fact, if you hold residence in the US with a US license, you're going to get in trouble in the US for having ontario plates, just FYI.

Not to mention, you're talking about importing/exporting a vehicle across the border.

I think you're trying to make this much harder than it is.