Visa Denied in Montreal - Domicile

[WaitingforOregon 10]

Well, we finally had our interview March 4th (Started this process in June of 2012!!!!) and my husband was denied due to lack of my domicile. I am the USC residing in Canada with him currently, but they did not believe the following to be sufficient evidence:

Registered voters card

Opened American Bank Account, have decent amount of money in it

Closed my investments in Canada, opened new ROTH IRA

Signed lease agreement from my father

U Haul Quote

Tons of bank statements/other mail going to my American address

A written letter of my intent to move back there with my husband and 2 children

A few other items I can't think of off the top of my head

They didn't even budge. All they said was our domicile was not enough, but they would not tell us what we need to do. Short of me taking my kids down there ahead of my husband, not sure what else I can do. I am a stay at home mom of 2 very small children, and we depend on his income. The plan was that as soon as my husband is approved we would move back to the states, he would find a job and I would continue to stay at home full time with my children until they are at least school age. But looks like we have to make plans now to move back and get a lease. I think that was the major thing holding us back. It's a case by case judgement, and apparently our interviewer didn't discern properly. I broke down in tears, very frustrated that her discretion was off. Very off. She was almost un-human....yes doing her job, but I feel like cases like this is where the discretion should come in...um, hello! Young family, both healthy, no criminal record, committed relationship - married 7 years and 2 kids....really?! Sigh...now off to figure out our next steps. This has been a very long and frustrating process.

PLEASE, if you have been in this situation, what did you do, and how long did it take for them to approve you?!?!?!

Edited March 6, 2014 by WaitingforOregon

[Lakehouse 293]

I have not been in this situation, I just want to extend my sympathy that this has happened to you!! How absolutely dreadful

[N-o-l-a 7,167]

I thought it was pretty much understood that with Canada the spouse had to basically move back first to prove domicile.

Especially for Canada, I feel that your evidence was a little light.

For us, and keeping in mind that Canada is harder, we did the following:

- Current US driver's license

- Current active library card and AAA membership

- Communication with school for daughter's enrollment

- An accepted will by the probate court and real estate evaluation showing that I was the sole inheritor of a house in America

- Proof of being on my mother's car insurance in America

The attempt is to show that you actively live in a place - car insurance or things that you'd only have if living there. Sending mail to an address or transferring funds is not really showing that. Think about having utilities in your name, actually moving in with your father for a few months, registering your car in America, etc.

I don't think you need to rent an apartment if you are planning on living with your father. Just grin and bare the couple of months to get the domicile in order. I can almost assure you that if you move in with your father (and have proof of living there like receipts, etc.) and you do some of the normal activities of life like car insurance, you'll have no problem in meeting the requirements.

Did you get a 221(g)?

Edited March 6, 2014 by N-o-l-a

[Ryan H 3,812]

Moved from Process & Procedures to Progress Reports.

[En-oh-eh-to now 147]

Great. Another thing to worry about. Is there a chance that you have start the process over again over issues of domicile? If that's the case, after all this, I'm moving back home before the interview!

[mtlguy 59]

I'm really sorry for the hardship you're going through.

I guess they need to see the USC spouse physically moving back the States ahead of the rest of the family.

That's what my wife did. She was a permanent resident of Canada, and had to go back and get herself a job and resume her life in the US ahead of this process. It's definitely hard on families, especially when young children are involved.

Can you at least appeal their decision? or do you have to start all over?

[WaitingforOregon 10]

I have not been in this situation, I just want to extend my sympathy that this has happened to you!! How absolutely dreadful

Appreciate the kind words. It is awful, but we will see it through.

I'm really sorry for the hardship you're going through.

I guess they need to see the USC spouse physically moving back the States ahead of the rest of the family.

That's what my wife did. She was a permanent resident of Canada, and had to go back and get herself a job and resume her life in the US ahead of this process. It's definitely hard on families, especially when young children are involved.

Can you at least appeal their decision? or do you have to start all over?

We don't need to start over thankfully, we just have a certain amount of time to prove more domicile. Looks like I will be heading down there with the kids before him. I just hate to be a part from him, especially because we have 2 little children. We likely won't appeal. Just want this process to be over!

[WaitingforOregon 10]

I thought it was pretty much understood that with Canada the spouse had to basically move back first to prove domicile.

Especially for Canada, I feel that your evidence was a little light.

For us, and keeping in mind that Canada is harder, we did the following:

- Current US driver's license

- Current active library card and AAA membership

- Communication with school for daughter's enrollment

- An accepted will by the probate court and real estate evaluation showing that I was the sole inheritor of a house in America

- Proof of being on my mother's car insurance in America

The attempt is to show that you actively live in a place - car insurance or things that you'd only have if living there. Sending mail to an address or transferring funds is not really showing that. Think about having utilities in your name, actually moving in with your father for a few months, registering your car in America, etc.

I don't think you need to rent an apartment if you are planning on living with your father. Just grin and bare the couple of months to get the domicile in order. I can almost assure you that if you move in with your father (and have proof of living there like receipts, etc.) and you do some of the normal activities of life like car insurance, you'll have no problem in meeting the requirements.

Did you get a 221(g)?

I appreciate your response. I honestly thought we would be alright, especially considering that we are such a straightforward, clean case. We did get a 221g so looks like I will need to head down with the kids before him.

I hope that I can still stay with my father, but since I won't be working (staying home with the babies) we are thinking I might need a lease. Will switch my driver's licence and will have to look at what else we can do to prove to them my residence.

Great. Another thing to worry about. Is there a chance that you have start the process over again over issues of domicile? If that's the case, after all this, I'm moving back home before the interview!

No, we don't need to start the process over, we just have to provide more proof of domicile. The lady was clear to mention that we don't need another interview, either.

Had I had been more keen on this topic (which to be honest I thought we had everything we needed) then I would have known to move down before the interview. The last thing you want to experience is what we experienced....dreadful.

[nightingalejules 678]

I'm so sorry this is happening. It really sucks. You're right, it seems that the only thing you can do is move. Which worries me since we're in a similar situation. We have no kids, and I work, but there's no way I can support myself in Vancouver without us being a double income household (I'm the canadian beneficiary, he's the USC (dual citizen, actually) petitioner). How does the 221 work? Does your hubby have to make another trip to Montreal to defend? How do you go about proving domicile at this point?

[california_luv 56]

So sorry to hear about your situation WaitingforOregon.

[Parrish77 3]

Wow, we are in the exact same situation, like exact, exact and now I am terrified. I really thought we had enough and have almost the same evidence. I am panicking, not sure what else I can do before we get our interview date. Holy #######!!! I am so so so so so sorry you are going through this.

[Parrish77 3]

I thought it was pretty much understood that with Canada the spouse had to basically move back first to prove domicile.

Especially for Canada, I feel that your evidence was a little light.

For us, and keeping in mind that Canada is harder, we did the following:

- Current US driver's license

- Current active library card and AAA membership

- Communication with school for daughter's enrollment

- An accepted will by the probate court and real estate evaluation showing that I was the sole inheritor of a house in America

- Proof of being on my mother's car insurance in America

The attempt is to show that you actively live in a place - car insurance or things that you'd only have if living there. Sending mail to an address or transferring funds is not really showing that. Think about having utilities in your name, actually moving in with your father for a few months, registering your car in America, etc.

I don't think you need to rent an apartment if you are planning on living with your father. Just grin and bare the couple of months to get the domicile in order. I can almost assure you that if you move in with your father (and have proof of living there like receipts, etc.) and you do some of the normal activities of life like car insurance, you'll have no problem in meeting the requirements.

Did you get a 221(g)?

We are in the exact same position and I would like to get your take on our evidence, how do you think this looks:

-US Voter Registration

-2 US Bank Accts

-2 US Credit Cards

-Maintained my US retirement fund

-Maintained payment of my US student loan

-Filed US consular report of birth abroad for my 2 kids

-Contract from realtor showing our house for sale in CA

-Letter from former business partner showing sale of my CA business

-Affidavit of residence for condo rental with my sister in US

-Letter from Mazda certifying our car meets standards to move to US

-Letters from US schools regarding enrolling my kids

-UPack Moving Quote

[mtlguy 59]

What I find absurd is the rejection itself; the mere fact that a family is pursuing the legal route to move to the US should be proof enough of their intention.

Why else would a young family choose to go through the immigration process if they don't have the intention of moving there?

I honestly don't understand their rationale.

[Parrish77 3]

What I find absurd is the rejection itself; the mere fact that a family is pursuing the legal route to move to the US should be proof enough of their intention.

Why else would a young family choose to go through the immigration process if they don't have the intention of moving there?

I honestly don't understand their rationale.

EXACTLY! This is just plain crazy and heartbreaking for those involved.

[WaitingforOregon 10]

I'm so sorry this is happening. It really sucks. You're right, it seems that the only thing you can do is move. Which worries me since we're in a similar situation. We have no kids, and I work, but there's no way I can support myself in Vancouver without us being a double income household (I'm the canadian beneficiary, he's the USC (dual citizen, actually) petitioner). How does the 221 work? Does your hubby have to make another trip to Montreal to defend? How do you go about proving domicile at this point?

I see you are from Portland, me too Well, the good news is, they told us at the interview that he does NOT need to go to another interview (thank goodness, that's a lot way from where we live!) - The bad news is that they did not, and could not give us our next steps to take. I kept asking the interviewer what else I can do, and she kept saying that she cannot advise us what to do. The 221 is basically a form that tells us we need to prove domicile, but gives absolutely no specifics as to how. I find this ridiculous. But anyway, at this point the plan is to move down with the kids, get established (switch back to my Oregon driver's licence, get a lease, etc) and provide Montreal with copies of those documents, basically saying "ok, I am living here now!!" and hopefully they will be able to approve my husband sooner than later. It breaks my heart to be away from him (especially with an 11 month old and 2 year old!!!) but we will do what we have to do.