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proving domicile while not in US or Canada

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Another question:

My wife (petitioner) is neither in Canada (never has been), nor in the US at the moment. She grew up in NY, maintains residence there and is currently enrolled in medical school overseas (where we met & married while I was there also). I read the 'domicile in US' thread with interest, I think we should be able to prove her domicile as she is only out of US for studies so she falls in the "temporarily out of US" category. Documents are available. My concern though is, at the interview, does she have to be physically present also? For that, she would have to fly some thousand miles to Montreal to be able to attend the interview with me? At every other embassy it's just the beneficiary who usually attends the IV but in Canada it seems both partners go?

Maybe I'm just looking at it differently because majority of Canadian VJers are living with their partners here in Canada so its easy for them to interview together.

Anyone advice will be appreciated.

Married 01/11/2013

I-130 Filed: 01/25/2013

NOA-1: 01/29/2013

• 08/20/2013: Service Request Placed; Case transferred to NYC Field Office 06/11/13

• Congressman involved: 09/25/2013

• NOA-2: 09/27/2013

• NVC Received Case: 10/7/2013

• NVC Assigned Case #: 10/7/2013

• DS-261 Completed; OPT-IN E-mail Sent: 10/7/2013

• AOS (i864) Bill Paid: [$88] 10/09/2013

• IV Bill Paid: [$230] 10/27/2013

• AOS (i864) Package Sent [EP]: 10/30/2013

• DS-260 Completed & Supporting Documents Sent [EP]: 10/31/2013

• AOS (i864) Package Received by NVC: 11/13/2013

• DS-260 Package Received by NVC: 11/14/2013

• Checklisted: 11/27/2013

• Responded to checklists: 12/2/2013

• Case Completed at NVC: 12/30/2013

• Medical Exam in Toronto: 12/16/2013

• Interview in Montreal: 02/13/2014 (Approved)

• Visa in Hand: 02/19/2014

• POE in YYZ Terminal 1: 04/10/2014

• GC Received in Mail: 06/12/2014

--ROC--

I-751 Filed: 01/20/2016 (California Center)

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

No in Canada both partners are not required or even hinted at to show up. And no most of Candian Vj'ers do not have the USA citizen residing with them in Canada. If she has maintained residence in the USA, it should not be too hard to prove, if they do ask

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Another question:

My wife (petitioner) is neither in Canada (never has been), nor in the US at the moment. She grew up in NY, maintains residence there and is currently enrolled in medical school overseas (where we met & married while I was there also). I read the 'domicile in US' thread with interest, I think we should be able to prove her domicile as she is only out of US for studies so she falls in the "temporarily out of US" category. Documents are available. My concern though is, at the interview, does she have to be physically present also? For that, she would have to fly some thousand miles to Montreal to be able to attend the interview with me? At every other embassy it's just the beneficiary who usually attends the IV but in Canada it seems both partners go?

Maybe I'm just looking at it differently because majority of Canadian VJers are living with their partners here in Canada so its easy for them to interview together.

Anyone advice will be appreciated.

Hi, my husband and I are almost in the same boat. I moved abroad last year to Canada on a study permit to be able to be near him while we waited. From my understanding, study permit falls under "temporary" status and she will be considered domiciled in the US. To prove our domicile, I provided USCIS and NVC (will be providing at interview too), with:

letter of intent to move, with copy of study permit.

Housing lease/agreement with father to stay at his home - which ic my US permanent address on all my government documents.

A letter from my father, acknowledging we will move to his house in the US.

Enrollment in college in the US- I'm taking classes online this semester because NVC took too long.

Bank account statements with my father in a joint US account with US address.

Student loan statement with US address.

Letter with intention to void study permit once I step back on home soil.

And copies of moving quotes for shipping/flights/travel.

*Bring a copy of the instructions for the AOS with the domicile-study permit part highlighted to prove the point if they inquire about it.

Don't worry about the interview, she isn't required to be there. It's popular for both to go to the Canadian interviews because our countries are so close. smile.png

Edited by Canadian Bacon

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19/09/13 - 3rd checklist for Police Record, claiming nothing was attached to the email. Checked sent email- it was attached (downloaded to make sure the file wasn't corrupt, it was fine.)
01/10/13 - Case complete- finally!
03/10/13 - "The National Visa Center has forwarded your file to the US Embassy/Consulate General where you are applying for an immigrant visa."- recieved P4.
22/10/13 - Medical exam - Montreal @ Medisys - Time: 1h 50m Cost: $290 for exam, $20 for flu shot, $45 dtap. Total: $355. Score 6/10 - bad/insufficient office management.

04/11/13 - Medical papers in hand. Becareful, our package was in cheap envelopes stapled together...
20-11-13 - Interview - APPROVED!

20-11-13 - ISSUED but in AP.

22-11-13 - Issued - PRINTED.

25-11-13 - shipped.

29-11-13 - picked up. smile.png

03-12-13 - Flight to Vancouver to pickup the rest of our stuff from storage. Also our first wedding anniversary. <3

04-12-13 - POE Peace Arch - Pacific Highway

06/12/13 - Home

10/01/14 - SAVE contacted SSA office on our behalf and SSA accepted the SSN application

18/01/14 - SSN arrived

22/01/14 - Received driver's license.

24/01/14 - Green card received in mail!

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Thanks for your answers guys.

Canadian Bacon: We were looking to include similar things as you mentioned in the AOS package. What we collected so far is:

1. Bonafide letter from her university mentioning the dates of her study & when her her study period ends (April 2014)

2. Her E-mail correspondances/copies of applications filed to programs in the US for the months of April,May,June 2014

3. Her bank statements

4. I guess we can include a letter from her father saying we will move in at his address (also her permanent address)

5. Credit card bills

6. health insurance (?)

7. Letter of support from her siblings who followed the same path as she did and are currently working as MD's in the US

We never sent any of this stuff to the USCIS (with i130) though. In hindsight, maybe that's why our NOA2 took 8 months!

But will definitely provide the NVC the above with with AOS, and take copies of these with me when I go. Will it be ok if I have photocopies of the above mentioned things? Hopefully, these should suffice?

Married 01/11/2013

I-130 Filed: 01/25/2013

NOA-1: 01/29/2013

• 08/20/2013: Service Request Placed; Case transferred to NYC Field Office 06/11/13

• Congressman involved: 09/25/2013

• NOA-2: 09/27/2013

• NVC Received Case: 10/7/2013

• NVC Assigned Case #: 10/7/2013

• DS-261 Completed; OPT-IN E-mail Sent: 10/7/2013

• AOS (i864) Bill Paid: [$88] 10/09/2013

• IV Bill Paid: [$230] 10/27/2013

• AOS (i864) Package Sent [EP]: 10/30/2013

• DS-260 Completed & Supporting Documents Sent [EP]: 10/31/2013

• AOS (i864) Package Received by NVC: 11/13/2013

• DS-260 Package Received by NVC: 11/14/2013

• Checklisted: 11/27/2013

• Responded to checklists: 12/2/2013

• Case Completed at NVC: 12/30/2013

• Medical Exam in Toronto: 12/16/2013

• Interview in Montreal: 02/13/2014 (Approved)

• Visa in Hand: 02/19/2014

• POE in YYZ Terminal 1: 04/10/2014

• GC Received in Mail: 06/12/2014

--ROC--

I-751 Filed: 01/20/2016 (California Center)

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