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darth vader

Proving domicile at NVC stage

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I am seeing a lot of cases where Canadian citizens/PRs get 221g at the interview for lack of domicile when their U.S.C. spouses haven't moved to the U.S. ahead of them. I am really curious how do such folks prove their domicile at the NVC stage when sending the i-864? Is it easier to satisfy NVC of the "intent to domicile" than the C.O.? If so, what documents work for NVC?

Edited by darth vader
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Due to the lack of a recent thread dedicated to this issue, I am starting one. Here are my questions:

 

1. Does one need to have proof of domicile when filing the I864/AOS package to the NVC? Or can you file the I864 (and of course the accompanying DS230 package for beneficiary(ies) ) to the NVC, get an interview date AND THEN before the actual interview have a job/apartment/proof lined up? In other words, will the NVC approve and forward along to the embassy and will the embassy set an interview date without proof of domicile?

 

2. I see a lot of Canadian folks whose U.S. spouse stay with them when they go through the NVC stage and are given 221g at the interview for the domicile. I am curious how do such folks manage to convince NVC about the domicile when filing the AOS when the same (or more) proof by the time of interview falls short to convince the C.O.? Is NVC most likely to be OK even with weaker proof of domicile? If so, what "weak proof" is mostly sufficient for NVC (excluding moving to U.S. and starting a job & a lease agreement in U.S. as they would be "strong proof")?

Specifically, I think I will have the following proof for the NVC AOS and want to know you guy's opinion if it would be enough to satisfy NVC:

- U.S. drivers license
- U.S. bank account that has been active for past several years, with my U.S.C. spouse's U.S.C. mother as a joint-account-holder
- U.S. credit card that has been active for past several years
- Rental agreement with in-laws saying they have an arrangement with us to stay in a room in their house as long as we require

- A letter explaining intent to move back to U.S. with the beneficiary once the visa is approved
 

Any suggestions to what else can be added to this list are welcome.

 

Thanks!

Edited by darth vader
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Filed: Citizen (apr) Country: Canada
Timeline

Montreal is very strict about domicile, you should post this in the Canada forum as it is consulate specific.

 

Good luck 

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: Lift. Cond. (apr) Country: China
Timeline

~~~Duplicate threads merged.~~~

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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