DS260 help with address for petitioner, please!

[duvalin 3]

Hello,

We are about fill the DS260 form, and we are confused about part the address for my spouse (petitioner, US citizen). We currently live together and we put our current address in our i-130 form initially here in Canada. We are not sure what address to use for either forms, DS260 or i-864. Can he use his sister's address in California in the meantime? California is we where we are moving to, and where he can get transfer from his job, but we don't have a permanent address there yet. Thanks in advance!

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[NikLR 13,227]

Have you checked out the domicile thread in the Canada forum? You need a place to move to. He should use his current address as he hasn't moved yet, but domicile will be an issue for you. Montréal is very strict on it. Before you complete the DS-260 you should figure out where you will be moving to after the visa is granted.

[duvalin 3]

Have you checked out the domicile thread in the Canada forum? You need a place to move to. He should use his current address as he hasn't moved yet, but domicile will be an issue for you. Montréal is very strict on it. Before you complete the DS-260 you should figure out where you will be moving to after the visa is granted.

Hi there! I wasn't aware of the thread! Thanks for letting me know though.

We have looked into the visa journey wiki page, and that was a good help too in answering a few questions, but we were confused as we don't have a physical address in California yet. Although he has kept all of his financial, voting registration, and a mailing address mostly in Detroit, as that's where we used to live and where he currently works... But we don't know the neighbourhood where we will settling in Los Angeles yet. We know for certain is in Los Angeles, as where that is where his family is and where his job transfer will be. Other than that, we have looked a rentals and neighbourhoods online but nothing concrete as far singing a lease.

So in other words, can his domicile be his sister's house, address?

Edited April 1, 2015 by duvalin

[NikLR 13,227]

~~moved to Canada forum from IR1/CR1 process and procedures as topic can be Canadian specific because of strict domicile requirements~~

He can put that down but he'll need to start making plans to show that will be his domicile. He can even get a letter from his sister stating you guys plan to live there if that's what the plan is. I really think you need to do it ahead of time because another person had a domicile issue in December and is STILL trying to get their visa from Montreal.

[duvalin 3]

I see. It would be better to do everything we would be doing as if we had the visa on hand then. I've read some threads and it is clear, but one thing is unclear is the kind of proof the officer from the consular might define as proof of domicile. Some people have shown leases, job offers, and proof of a sale of their houses. I am wondering what would constitute proof for us, and that will show that we are actually moving. Which by the way, this is to prove that correct, that we our intent is to move to the US?

And then I am worried that if they ask me, so does your spouse lives with you or in California? (at his sister's address) I feel like I will be telling a lie. Or can I say the true, that we don't have a place to live yet but we are using his sister's address? Is the domicile address the one where we intent to move to?.... I do remember when we moved to Canada, we didn't know anyone and they asked us for an address too, so we gave the address of a co-worker of my spouse, I am wondering if that is the same case for the US.

We have a few things that shows ties to the US, and one important one is that my spouse is still working in the same job for 15 years in Detroit, voter registration, bank accounts, po box, etc. We could list our house for sell right now, and I could move into an apartment and my spouse could move ahead of time to California, but it doesn't seem natural or it seems like we are trying to prove something that we are actually doing anyways? Would having him move there first, would help?

I apologize for the long response, but I having a hard time trying to understand how to prove that we would like to just move back, maybe not to Detroit, but to California.

Thank you again!

[NikLR 13,227]

Your spouse needs to make a concentrated effort to show where you will be moving. Things like a place to live and looking for a job (or preferably a job offer) are pretty much mandatory in Montreal. Yes having him move ahead of you will help tremendously. He is working in Detroit right now so I suggest getting an apartment there first, then moving to California after you get your visa and house sold in Canada. Unless you live in a place where the market is really good, you may want to put it up for sale now so that you can have it sold before or just after you move.

[NikLR 13,227]

Not much in this process is natural. I was able to live with my husband for all of a month and a week before we were married, and then only had 7-10 day long visits twice during our marriage. We didn't spend our first married Christmas together or our first anniversary. In fact my husband was gone on a work trip during our second anniversary too. Our third will be our first one, actually together. You're lucky that you've been able to stay together. Also it helps for your I-864 if he is planning to keep his job, at least through the end of the visa process. Hopefully that makes it so you don't need a joint sponsor.

[duvalin 3]

Yeah I sympathize with you, and sorry to hear that you two have had to be separated! We had to deal with separation ourselves too and it wasn't fun, it was a while ago for two years.

I have to agree with you with the idea of moving back to Detroit and waiting there while we can transfer / move to California, but then I thought, wouldn't the officer in Montreal think: " wait, you are reuniting with your spouse in Detroit, just in the other side of the river???" I wondering if the fact that we live in a Canadian Border town with the US, would in fact that be a factor for them to think that we are not being reunited really? He commutes to work everyday from our house, so he actually expend most of the day at work in Detroit. I'd like to hear what you think about that! Thx!!

[NikLR 13,227]

Why would they think its weird? They know they're strict on domicle.

"Well my husband moved to Detroit because he works there. We read that him still living in Canada can cause an issue and wanted to be sure it wasn't. Hopefully you can move to California if you're granted the visa because he has family there but you'll see how it goes."

Him living in Detroit at the time of the interview makes the I-864 easy and the domicile a non-issue. His domicile is then the USA and moving afterwards is just something you notify the USCIS about.

Just be careful on taxes and selling your house. Others on the board have expressed issues about that.

It's certainly easier to live where the bread winner of the family works vs commuting across thr border twice a day.

The interview in Montreal is pretty easy as long as you dont have domicile to worry about.

[duvalin 3]

I see, it almost seems like we are trying to trick them to think that we just move to Detroit to prove domicile right before the interview, no? I just can't wrap my mind about, why would we be applying for a green card if we were not moving to USA??? Do people apply just to have a green card? I don't get that part.

And your reasoning for my spouse being there in Detroit makes total sense, but you say be careful on taxes and selling our house here in Canada, what do you mean? If you refereing if we have been paying taxes, we have, for both countries! and we started to pay taxes as a married couple just last year (taxes 2013) because we weren't allowed by the goverment before. And about the selling our house, I think we could put it in the market like you said before, and hopefully sells just in time, for when we have to move. Or should we wait until we moved to Detroit?

My spouse will talk to his boss today about the transfer and see if it can happen sooner, but will see, we have been trying for the transfer for a while but I guess it hasn't worked for us just yet. Its complicated I guess, you can't just say "hey I am moving, see you"

can't thank you enough!

[duvalin 3]

Hi NLR, Happy Easter! I just thought I update the tread and say that I filled the application this weekend. And also we found out that a co-worker from my spouse, has an empty second floor at her house that we thinking this may be a good option for us, if we don't find an apartment before. In the application though, they asked for my spouses address, and we put down the mailing address for now, which is a po box in Detroit, and his current address, the one of our house here in Canada. I am just wondering if that will be clear to them, that we are together right now, but he will move to Detroit and I will followed after my visa gets granted.

Also, for my address in Detroit, I am wondering if I can use my spouses mailing address for mailing (po box) my residency card? or can this be change later on, let say we decided to move into a different apartment in the mean time?

[NikLR 13,227]

I am unsure 100% if you must have a physical mailing address but I believe so for the green card.

It's decently easy to change your address with the USCIS and you actually must do so within 10 days of acquiring a new residence until you become a citizen. Sometimes there are issues if you have a case pending so calling as well as the online form (or AR 11) is a good idea.

Right now as only your husband's mailing address is in the USA, he will still some some domicle issues.

Edited April 7, 2015 by NLR

[duvalin 3]

Hi there, thanks again for the guidance and help! It really means a lot. My spouse looked for houses for the last week and half, and just found one a few days ago. He signed the lease yesterday and took position of the house. He is moving to the U.S. on Sunday.

Now I think what is left is to list our house here in Canada, but we are not sure when should we listed. We were talking last night about it and maybe it would be a good idea a month before the interview, or so. I am really wishing that this part doesn't take too long, after we submit the ds260 and supporting documents, is there an estimate with Montreal? And is there anymore type of proof we should think of to take with me to the consulate so there is not questions at all about domicile? I was thinking he could keep records of the import forms he gets at the border when he crosses on Sunday...

I have to say, this is so stressful! ?

[NikLR 13,227]

How long does it take to close a house in your area? There may be improvements you are recommended to do before putting it up for sale. Also is the market in your area fast or slow? I would talk to a realtor or two.

He can definitely keep those forms, have a copy of the lease, get bills set up there, etc... since he already has a lease, update the i-864 for the interview showing the USA as his domicile.

Get his US driver's license updated for sure.