Visa Denied in Montreal - Domicile

[WaitingforOregon 10]

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.

Completely agreed. I literally just stared at the interviewer and wanted to ask if she had children herself! I guess it's our unique family situation that puts us in this position, but still - they should read between the lines and see what they are doing to families. Ironic cause the first thing she said to me was "Our job is to reunite families"....and now we need to be apart so they can reunite us. ?!

[WaitingforOregon 10]

So sorry to hear about your situation WaitingforOregon.

Thank you. We will see it through. Not how we planned, but we will.

[WaitingforOregon 10]

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.

When is your interview? Do you have family in the states? I would move down there to be with them and get as much proof as you can, otherwise it's very likely you will get as far as we did and be denied. After going though this, I would not wish it upon anyone. I'm so sorry you are in a similar situation, the unknown is so hard to cope with sometimes....all the best to you.

[semidevil 12]

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)?

first of all. sorry to the OP and definitely wish you luck and hope that they approve you quickly.

Secondly, regarding the quote above, I'm just curious, but what is different about Canada that it is understood that the spouse has to move back to prove domicile? If that's the case, For what other countries is it common that the spouse also has to move back in order to prove domicile?

[stackeria 280]

It's puzzling and heartbreaking to read about the pain and suffering that this process inflicts on some families.

The official guidelines for the petitioner to demonstrate "intent to re-establish domicile" in the US are vague at best. The only part that's clear to me is that they will review the evidence and make a decision on a case by case basis.

I'm not well versed in immigration law but I can't say I understand the point of the petitioner domicile requirements. It seems we should work to prevent family separation at least as much as we strive to reunite separated families.

Does anyone know the legal purpose of the petitioner domicile requirement?

What are the underlying concerns of the immigration officers when they look for proof of domicile? Are they concerned about a specific type of immigration fraud? Is it possible that this red flag is more likely to pop up with Canada because of its geographical proximity to the US border?

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

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

I think that would be fine for any other country, but you are going to have to wait and see if Canada accepts that.

first of all. sorry to the OP and definitely wish you luck and hope that they approve you quickly.

Secondly, regarding the quote above, I'm just curious, but what is different about Canada that it is understood that the spouse has to move back to prove domicile? If that's the case, For what other countries is it common that the spouse also has to move back in order to prove domicile?

I have no idea to be honest with you. I'm sure there is some reason they've been doing it, maybe to make sure people actually take up primary legal residence in the US, versus just commute there or use it as a second residence? Last year I believe Italy was doing the same thing, but I do remember someone being able to appeal it.

[Parrish77 3]

When is your interview? Do you have family in the states? I would move down there to be with them and get as much proof as you can, otherwise it's very likely you will get as far as we did and be denied. After going though this, I would not wish it upon anyone. I'm so sorry you are in a similar situation, the unknown is so hard to cope with sometimes....all the best to you.

Ours was just complete last week we are waiting for the date. Thanks for the advice, I pretty much go back and forth quite often so I guess I just need to focus on getting even more. I can show a job offer letter showing I have already started working in US and an airline ticket close to the interview date showing I flew back from the US to CA for the interview....I hope this, on top of what I already have will work because if not I have no other ideas. I have the proof because we have honestly taking the steps to move back, just like you guys. It blows my mind that they essentially want us to be seperated from our spouse and children long term as proof. Insanity!

How exactly are you supposed to prove to them? More evidence? And what is the time frame before they will give you the visa???

[NikLR 13,227]

A 221g is not a denial. It's like AP until you can show them what they want.

Don't think of it as denial, think of it as a waiting period to get things organized.

So I would go with your hubs, pick out a place to live, set up the bank accounts to shuttle money to you and the kids, get a US driver's license,

Edited March 9, 2014 by NLR

[NikLR 13,227]

There is also the thread in the Canada forum about this issue. Really it's almost imperative that the USC in a Canada/US relationship moves and starts looking for a job or gets a place to live (even with family.) You can shuttle money across the border pretty much in a 24 hour period between RBC or TD banks. Montreal is VERY strict on this.

[NikLR 13,227]

first of all. sorry to the OP and definitely wish you luck and hope that they approve you quickly.

Secondly, regarding the quote above, I'm just curious, but what is different about Canada that it is understood that the spouse has to move back to prove domicile? If that's the case, For what other countries is it common that the spouse also has to move back in order to prove domicile?

Mexico would be the only other one really. It's because we share a border with the USA.

[WaitingforOregon 10]

Ours was just complete last week we are waiting for the date. Thanks for the advice, I pretty much go back and forth quite often so I guess I just need to focus on getting even more. I can show a job offer letter showing I have already started working in US and an airline ticket close to the interview date showing I flew back from the US to CA for the interview....I hope this, on top of what I already have will work because if not I have no other ideas. I have the proof because we have honestly taking the steps to move back, just like you guys. It blows my mind that they essentially want us to be seperated from our spouse and children long term as proof. Insanity!

How exactly are you supposed to prove to them? More evidence? And what is the time frame before they will give you the visa???

Well looks like you have more proof than we did, so hopefully that will gain your approval. How "exactly" we are supposed to prove it to them is the part that is challenging, because they do not give us exact steps, or even vague ones, really. I wish I knew, but at this point the only thing we can do to hopefully guarantee him being approved is for us to move down there. Which we are now making plans to do so. And as far as the timeframe, my guess is however quickly we can get them more proof, and from there how quickly they can process it....my guess is a few months....but really, really hoping that it will go quickly I really hope all goes well for you and that you aren't put in the same awful predicament!

[ArthurandMarcela 249]

There is also the thread in the Canada forum about this issue. Really it's almost imperative that the USC in a Canada/US relationship moves and starts looking for a job or gets a place to live (even with family.) You can shuttle money across the border pretty much in a 24 hour period between RBC or TD banks. Montreal is VERY strict on this.

Good afternoon, could you please send me the link to the thread ? Thanks

[NikLR 13,227]

http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

[Parrish77 3]

Well looks like you have more proof than we did, so hopefully that will gain your approval. How "exactly" we are supposed to prove it to them is the part that is challenging, because they do not give us exact steps, or even vague ones, really. I wish I knew, but at this point the only thing we can do to hopefully guarantee him being approved is for us to move down there. Which we are now making plans to do so. And as far as the timeframe, my guess is however quickly we can get them more proof, and from there how quickly they can process it....my guess is a few months....but really, really hoping that it will go quickly I really hope all goes well for you and that you aren't put in the same awful predicament!

Thank you, I am sending you lots of positive vibes that you are approved asap. And again I am just so sorry you are dealing with all of this, good luck!

[WaitingforOregon 10]

A 221g is not a denial. It's like AP until you can show them what they want.

Don't think of it as denial, think of it as a waiting period to get things organized.

So I would go with your hubs, pick out a place to live, set up the bank accounts to shuttle money to you and the kids, get a US driver's license,

Do you think he could actually come with me for the moving process? We are afraid of him being refused at the border and we don't want to cause more problems.