What happens if denied at interview bc of domicile?

[SarahBear 4]

I'm a USC sponsoring my Canadian husband via IR-1. One of the biggest problems I'm having right now is trying to prove my intent to "re-establish" domicile in the US. I have Canadian PR at this time and am getting ready to send in my I-864, which has the bit in it about proving domicile. I read the threads on this board already that deal with this topic and this gave me some good ideas on what to submit.

1. Copy of Pennsylvania driver's license (I never got a Canada license as I don't drive here)

2. Copy of Pennsylvania car registration (my car is at my parent's house in PA - didn't want to import it to Canada)

3. Copy of proof of car insurance for said car in PA

4. Copies of bank statements for both of my US bank accounts

5. Copies of US based 401K and IRA accounts

6. Copies of US credit card bills

7. Signed letter from my parents saying my husband, children and I can move into their home when my husband is approved.

8. Moving quote from U-Pack with estimate on how much it will cost to move our stuff from Toronto back to PA

9. Copy of our son's US Certificate of Birth Abroad

I realize that most people will say this is not enough and they're probably right. I just don't know what else to do... Realistically I can't apply for jobs right now because we're not planning on moving until after our second baby arrives in late November. We want to buy a house shortly after we move so I don't want to get an apartment lease in the US. My son is not school aged yet so I can't register him in US school. That puts me out of reach of a lot of the more "typical" evidence for domicile so to speak.

I fully expect that if we go to the interview in Montreal with what I listed above and nothing else, we will be denied. My question is, what happens if Montreal denies your petition at the interview because of lack of "proof of domicile?" Has this happened to anyone, and if so how long did it take to re-submit more evidence of domicile before you were approved?

Our goal is to move to the US in January together. I really do not want to move to the US by myself and wait for my husband because I would be caring for a newborn and 2 year old on my own. Thanks in advance for the advice.

[NikLR 13,227]

Honestly that sounds like enough and you should try with what you have.

Montreal will not deny the visa due to domicile, they will issue a 221g which means you have to give them more proof within a time frame. Basically puts the beneficiary into AP until such a time as their requirements are met.

[Flames9_RN 358]

Yep what Niki stated!! What others have done is the USA Citizen then heads back to the USA sets up shop and then sends back the evidence to Mtl. Hopefully it doesn't come to that!!

[SarahBear 4]

Honestly that sounds like enough and you should try with what you have.

Montreal will not deny the visa due to domicile, they will issue a 221g which means you have to give them more proof within a time frame. Basically puts the beneficiary into AP until such a time as their requirements are met.

Thank you very much for the input! Sorry, what does it mean that it "puts the beneficiary into AP" exactly? Could we move to the USA together if this happens or would we have to submit more things and wait on Montreal? Like I said before, I have a new baby on the way and a 2 year old son, so moving to the USA without him would be extremely difficult.

[Autumnal 25]

AP: Advanced Parole

AP is a travel document allowing you to go back and forth between the US and Canada without any restrictions while you're waiting on a green card.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

[SarahBear 4]

Ah, advanced parole. That is excellent news - thank you all so much!!

[Flames9_RN 358]

Not it in this case--AP means Additional processing, which is not a good thing! As you would have to provide them with additional evidence, and once they are happy, then theywould issue the visa. And as your well aware, things tend to be a bit slow,, so its not as if they get the new evidence on Monday and issue the visa a few days later!!

[Darnell 8,478]

don't forget - just because you have to submit this stuff into NVC nowish,

does NOT MEAN that you are stopping your path of re-establishing domicile in the USA the day you submit the I-864 into NVC.

The Vice Consul knows this, and will ask for 'the proof' of re-establishing domicile on interview day,

so

you have some time, to finish up, wrap up, do more.

Bear that in mind as yer signing yer name on the I-864...

you have more time.

[NikLR 13,227]

Yes I mean additional or administrative processing. It means the beneficiary will not get the visa until Montreal has what it needs and feels the petitioner is going to or has re-established domicile in the USA.

What you have, however, seems sufficient to me. Plus by submitting this information to the NVC, they can pre-determine if you've made enough effort to re-establish domicile.

[daphoknee 4]

Your list looks good! We brought similar paperwork for my interview last month. Hubby is Canadian PR/US Citizen. We did get a lease with his parents and they CO wanted to look at it and kept it as well as the letter my FIL wrote claiming we will be staying with them when we initially move down.

None of our US bank statements were required.

[SarahBear 4]

Yes I mean additional or administrative processing. It means the beneficiary will not get the visa until Montreal has what it needs and feels the petitioner is going to or has re-established domicile in the USA.

What you have, however, seems sufficient to me. Plus by submitting this information to the NVC, they can pre-determine if you've made enough effort to re-establish domicile.

Wow, good thing I checked this thread again! I thought the AP answer meant advanced parole based on a few posts above. Ok, this is not good... Moving to the US with a newborn and 2 year old by myself and living without my husband for a period of time is going to be practically impossible.

If I submit all my evidence listed in my first post to the NVC and they don't issue a RFE relating to domicile, does that mean we're in good shape for the Montreal interview?

What happens if I do get an RFE and I don't have enough to prove intent to re-establish domicile in their eyes? What more could I realistically do to strengthen my case while pregnant and in Canada? If push came to shove and Montreal didn't issue my husband a visa based on the domicile nonsense, could my congressman or senator do anything to help me considering my circumstances?

Why does everything have to be so complicated?

[Flames9_RN 358]

PM Back_to_KY as she had been living in Canada and they just got approved ion Mtl--so ask her to see what stuff she brought along.....

http://www.visajourney.com/forums/topic/442486-visa-approved-montreal-too/

Edited July 19, 2013 by Flames9_RN

[gad33 47]

If I submit all my evidence listed in my first post to the NVC and they don't issue a RFE relating to domicile, does that mean we're in good shape for the Montreal interview?

Not necessarily.

The list of docs you are submitting should be acceptable to NVC but your file will still be flagged at Montreal. So when your spouse goes for the interview make sure he has all the supporting docs. For example we had sent a copy of an employer's letter to NVC but I am glad I had another copy with me otherwise I don't think the interviewer would have bothered to look in the file at the evidence. In fact I was the one who had to be proactive in showing evidence.

Back to Ky's expereince seems pretty much the same as mine even though my interview was over a year ago.

[SarahBear 4]

Not necessarily.

The list of docs you are submitting should be acceptable to NVC but your file will still be flagged at Montreal. So when your spouse goes for the interview make sure he has all the supporting docs. For example we had sent a copy of an employer's letter to NVC but I am glad I had another copy with me otherwise I don't think the interviewer would have bothered to look in the file at the evidence. In fact I was the one who had to be proactive in showing evidence.

Back to Ky's expereince seems pretty much the same as mine even though my interview was over a year ago.

Hi! Thanks for the response. So, if NVC is OK with what we presented, why would it be flagged in MTL? That doesn't make any sense to me. Why would something be deemed OK by one department, but not the other?

I thought we had to bring the original documents of everything we submitted to NVC to the interview anyway? I'll make sure my spouse has everything I submitted when he goes to the interview.

[Flames9_RN 358]

Because the consular officer conducting the interview in Montreal has the official say!