Airbnb for domicile?

[Shauna&Wael 211]

Montreal is much stricter than that.; passport and taxes do not prove domicile. There's a thread about it.

Well the residence was included because that's what the thread here is about.

So, residence, passport, and taxes wouldn't cut it? Maybe show the OP the thread you're talking about?

[Ash.1101 1,756]

Pretty sure the thread is how to establish domicille while NOT in the US. From what I'm seeing in this post is that she is going to go establish a home and such BEFORE having to prove domicille. Meaning she will be in the place he will be going too well before he is actually there. Most people who have trouble proving domicile are having to prove that they have a location to move too, because they're both still in canada.

As long as she moves there before having to prove it, she could easily get a DL, car insurance, electric bill, and lease all in her name. From what I can tell Montreal is strict on making sure you prove you have a place to live, but not as strict on how much is required to do so.

The packet 4 for Montreal links to an old travel.state.gov page, if it was updated it would link to this page: http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

Which says:

Domicile

Domicile is a complex concept and must be evaluated on a case by case basis. To qualify as a sponsor, a petitioner residing abroad must have a principal residence in the United States and intend to maintain it indefinitely. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she left the United States for a limited and not indefinite period of time,
• He/she intended to maintain a domicile in the United States, and
• He/she has evidence of continued ties to the United States.

When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence

• Find employment in the United States
• Secure a residence in the United States
• Register children in U.S. schools
• Relinquish residence abroad
• Other evidence of a U.S. residence
  
  
  

Either way, as an example, I'm using my car insurance, car registration, daughters school registration, and a copy of my drivers license as proof. All have the same address as everything sent to the government and sent to me from Montreal, the CSC, and NVC.

Edited August 18, 2015 by Ash.1101

[Lemonslice 4,838]

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

[Ash.1101 1,756]

I can't edit this but I did just want to make a note that I know you're CR-1 and not K-1 so the requirements are a little different BUT...

Most people have issues with proving INTENT to have a domicile, there are lesser issues over all if there already is a place for you to move into. Having to prove you -will- have a place to move into is a lot harder than proving you already have a place you can move into.


And again, this guy is curious about proving domicile while his USC wife IS living in the US. They do both live in canada right now, but she'll be living in the US prior to needing to prove domicile if I'm understanding his post correctly. So he'll be doing proof of domicile as a normal CR-1, husband in CAN wife in USC.

Edited August 18, 2015 by Ash.1101

[sean.law 2]

Yes we're trying to establish domicile before we submit the I-864. We're awaiting NOA2 and hope to have a residence and job lined up in the US before we submit the AOS. She will get her driver's license, car insurance, voter's, phone, etc. with the new address. In my experience we'd be able to use the airbnb address for mailing, etc, and if that's a problem then it's a no go for sure. She has her passport, SSN, bank in the US, income tax, so that's good to go.

We'll still need to submit all this evidence, correct? Besides including the US address and income on the AOS, we should still send in proof that she's working, living there, voter's, income tax, etc., right? We have a co-sponsor whose income is adequate so hers I don't think matters so much. We'll be submitting all of his proof (pay stubs, proof of employment, income tax) to cover the financial support side of things. But as proof of domicile, she should still include all of this for herself?

[Ash.1101 1,756]

I do always believe more evidence is better! But yeah it sounds like ya'll are fine, you're just a normal CR-1 case at that point as long as she can get all of that before filing for your spousal visa.

As long as she has her DL, car insurance, voter's registration card, etc. She should be fine.

But yes, I'd personally send all that in, proof of income, and every last bit of proof that she is working and living in the US once she's doing so, everything you said is pretty spot on. She just needs to prove that she has a home that you will move into once you are approved and allowed to move, which according to you she should have plenty of time to do just that.

Edited August 18, 2015 by Ash.1101

[sean.law 2]

Nice. Thanks for re-assuring me Ash! Oh and good luck on your medical tomorrow! woot!

[sean.law 2]

Oh if I can just add another question. I've asked this before but I'd like your opinion, Ash (or anyone else!!). Do you foresee any problems with admitting during the interview that we intend to move from west to east coast once we have the green card? I ask this because I sense they will ask me why I want to move to the US, and the whole reason we are moving is to live on the east coast. It's just easier for us to do it from the west coast. Therefore the west coast address (what we're setting up now) is temporary. And since domicile is something that is intended to be permanent, do you see a problem in discussing this?

[ginnyirishrose 16]

Airbnb you have to prepay for the term of your reservation confirmation with a host. Wouldn't it be cheaper to sublet an apartment month to month? Do you actually have to show a lease contract?

[NikLR 13,227]

Airbnb you have to prepay for the term of your reservation confirmation with a host. Wouldn't it be cheaper to sublet an apartment month to month? Do you actually have to show a lease contract?

Im not sure how airbnb works, but essentially as long as the petitioner can show they are living in the USA by the time of the interview (preferably by time of I-864 submission) then they should be okay.

Montreal is very strict on this. They want leases or mortgages, driver's licenses, pay stubs or at least job offers, utility and other bills, voter registration, kids registered in school, etc. Basically they want the USC already living in the USA or you have to throw everything and the kitchen sink to show they plan on it. It's easiest to be down there already, preferably working with enough income to cover the poverty guidelines.

Not only is Montreal strict, they are extremely slow, so sending in info after the interview can net you an extra 2-10 plus weeks.

Not knowing about this issue as a Canadian is just lazy and lack of research. Not all consulates or embassies are that strict either about domicile, but it's understandable when you think about the fact it's just a land border here, not a flight over an ocean. Montreal is otherwise rather easy and relaxed.

[NikLR 13,227]

It's good that the OP has done research and it thinking about it all. And no it's not an issue that you plan to move, however you may want to make sure you have a reliable mailing address as the green card will not be forwarded.

[Udella&Wiz 325]

I second the reliable mailing address, it would be a shame for something immigration related to get lost when mailed to the airbnb address and you didn't receive it or you'd moved...but then, that is what the address change form is for.

It's good that the OP has done research and it thinking about it all. And no it's not an issue that you plan to move, however you may want to make sure you have a reliable mailing address as the green card will not be forwarded.