How much time can petitioner spend in Canada?

[darth vader 133]

I am the beneficiary of IR1 visa application, we are at NVC stage and both of us currently live in Canada. My wife has got a remote U.S. full time job. We have two options:

 

1. Claim intent to reestablish domicile and keep working remotely from Canada and move 1-2 months before the interview and sign an apartment lease etc.

2. Go to U.S. now and claim domicile NOW, and since the job is remote she can keep visiting me for extended periods.

 

For option #2 above, how much time can she spend here with me so that her U.S. domicile is not questioned? She is a Canadian PR, so she doesn't have to worry about stay as a tourist. We are worried if she stays half the time here until the interview CO may think she is not domiciled in the U.S. although her job, health insurance etc. will all be in the U.S.

[SteveInBostonI130 3,451]

I suggest option 1.  

 

Option 2 would mean your wife will pay for rent or mortgage unneccesarily.  

[darth vader 133]

Just now, SteveInBostonI130 said:

I suggest option 1.  

 

Option 2 would mean your wife will pay for rent or mortgage unneccesarily.  

I am concerned that CO would not like the domicile evidence even is she moved 1-2 months ahead and has a new lease, drivers license etc. I had a prior IR1 visa which we didnt use, so not sure if they will hold that against us.

 

Basically, can CO deny my visa if at the time of interview (if we do option #1), my wife is in the U.S. working a U.S. job and has a U.S. apartment lease, drivers license etc.?

[Ontarkie 14,223]

I want to say option 1 also. If she actually moves back a few months before your interview it should not lead to a denial. You would be able to show her US ID, apartment lease job paystubs showing her back in the US. Her visiting Canada will be just that a visit. 

[darth vader 133]

20 minutes ago, Ontarkie said:

I want to say option 1 also. If she actually moves back a few months before your interview it should not lead to a denial. You would be able to show her US ID, apartment lease job paystubs showing her back in the US. Her visiting Canada will be just that a visit. 

Even though I didn't use my prior IR1 - as long as my wife moves 2 months before interview to the U.S. and maintains her U.S. job (currently my wife works a full-time remote U.S. job from Canada), CO would not have any issue?

 

I had seen in the past in 2009 I think, CO asked a few people to surrender PR before their visas could be approved. Combine with the fact that I didnt use my prior IR1 visa, and the fact that my wife has a remote U.S. job (CO may think if she could work several months remotely from Canada what is stopping her to coming back to Canada) - this is all making me so nervous.

 

If my wife just leaves now (option #2), she will put her Canadian PR in a bad situation. Which would mean if I don't get U.S. visa for whatever reason, we cant even stay together in Canada. I am so stressed. Please advise.

Edited April 26, 2021 by darth vader

[Ontarkie 14,223]

2 minutes ago, darth vader said:

Even though I didn't use my prior IR1 - as long as my wife moves 2 months before interview to the U.S. and maintains her U.S. job (currently remote from Canada), CO would not have any issue?

Yes I would think her being back in the US even just a few months before the interview will be enough. 

[Ontarkie 14,223]

Obviously I can't guaranty it as I don't know what is going to go through their mind at the interview. But an actual move 2 months before the interview with apartment and job. I can't see that being something they will have issue with. 

[darth vader 133]

1 minute ago, Ontarkie said:

Obviously I can't guaranty it as I don't know what is going to go through their mind at the interview. But an actual move 2 months before the interview with apartment and job. I can't see that being something they will have issue with. 

Even if the job was remote for several months from Canada?

[T&S_MTL 113]

We completed the NVC stage without any issue with my wife, the petitioner, living in Canada and it's been like 7 years I think. Her domicile is still the US, with bank statements and drivers licence, it's not an issue. I don't know why you keep asking the same question over and over again in the forum...I think you're over thinking the whole interview process 😉

 

We plan to move together to the US once the visa in hand and I don't see why there would be an issue. Yes the CO can still decide otherwise, but hey we're not the first ones in this situation ! We ll show that we already moved money to the US prior to the interview with bank statements and a simple letter signed by my in laws, explaining we ll stay at their place for a couple month.

 

Also, Option 2 is not taking into account the whole quarantine stuff and budget to stay at the hotel (2000$) when you travel to Canada, hopefully it's gonna be lifted soon.

Edited April 27, 2021 by T&S_MTL

[darth vader 133]

35 minutes ago, T&S_MTL said:

I think you're over thinking the whole interview process 😉

I was approved an IR1 visa before so I am afraid they will scrutinize me more than normal cases.

 

35 minutes ago, T&S_MTL said:

Also, Option 2 is not taking into account the whole quarantine stuff and budget to stay at the hotel (2000$) when you travel to Canada, hopefully it's gonna be lifted soon.

Yes, that is a concern. If we do option #2 there is no guarantee they may not make it prohibitively expensive to even visit.

[darth vader 133]

7 hours ago, SteveInBostonI130 said:

I suggest option 1.  

 

Option 2 would mean your wife will pay for rent or mortgage unneccesarily.  

She can live with her parents until 1-2 months before the interview. However, I think bigger concern is if she can even visit in future, since restrictions keeps changing. More variants are here now including India variant and go only knows what that will do. The whole thing can start from scratch again. I am very worried about all of this.

[darth vader 133]

On 4/26/2021 at 2:37 PM, SteveInBostonI130 said:

I suggest option 1.  

 

Option 2 would mean your wife will pay for rent or mortgage unneccesarily.  

 

On 4/26/2021 at 4:59 PM, Ontarkie said:

Obviously I can't guaranty it as I don't know what is going to go through their mind at the interview. But an actual move 2 months before the interview with apartment and job. I can't see that being something they will have issue with. 

 

On 4/26/2021 at 8:47 PM, T&S_MTL said:

Also, Option 2 is not taking into account the whole quarantine stuff and budget to stay at the hotel (2000$) when you travel to Canada, hopefully it's gonna be lifted soon.

 

1. I am still curious though, if we do option #2 and my wife moves to the U.S. now, how much time can she spend visiting me in Canada without CO questioning her domicile in the U.S. Since she will be working remotely within U.S. anyway, we are tempted for her to spend as much time visiting me in Canada, as possible without raising questions on her U.S. domicile. Would 30% of the time in Canada be too much? Have we ever seen any Canadian challenged on domicile due to excessive visits/time spent in Canada while claiming U.S. domicile?

 

2. Also, my wife is currently in the U.S. and has been there for two weeks, she will be returning to Canada soon. If we do option #2, can we file NVC paperwork (affidavit of support) claiming she is domiciled in the U.S. even if at the time of filing NVC docs, she may be physically present in Canada? In other words, I know i-864 part 4 asks for "sponsor's mailing address" and "sponsor's physical address" - can we enter her physical address to be in the U.S. while filing i-864 with NVC even though she would be in Canada physically while visiting me?

Edited April 28, 2021 by darth vader

[Ontarkie 14,223]

Her domicile would be in the US. YEs you would submit everything with her US domicile address. 

 

 

 

I think when they ask for mailing address and physical address it is because the mail may go to a different spot then where she actually lives. Say someone is rural their mailing address may be something like PO box 18 RR2 Whatever, City State. Then the physical address would be what 911 would use to find the actual house. So like 197 Street lane, city state. 

 

If she gets mail at the same place she lives then she only puts the one address  SO like this Place Apt 244 Right Here lane, City state. 

 

Anyway I went on a bit more then you needed. Her address would not be in Canada as she would now be visiting no longer living there. 

 

Her time in Canada normally would be the amount they give her at entry. Normally not going past 6 months, but as she is also a Canadian PR they may not even ask or say how long her stay is going to be. 

 

 

 

 

 

[darth vader 133]

29 minutes ago, Ontarkie said:

Her domicile would be in the US. YEs you would submit everything with her US domicile address. 

 

 

 

I think when they ask for mailing address and physical address it is because the mail may go to a different spot then where she actually lives. Say someone is rural their mailing address may be something like PO box 18 RR2 Whatever, City State. Then the physical address would be what 911 would use to find the actual house. So like 197 Street lane, city state. 

 

If she gets mail at the same place she lives then she only puts the one address  SO like this Place Apt 244 Right Here lane, City state. 

 

Anyway I went on a bit more then you needed. Her address would not be in Canada as she would now be visiting no longer living there.

OK, so fair to say "sponsor's physical address" doesn not mean, where sponsor is physically on the day of signing i-864? They could be on a business trip to France, but they could still enter their physical address as their U.S. address, and still can submit i-864 while physically in France?

 

31 minutes ago, Ontarkie said:

Her time in Canada normally would be the amount they give her at entry. Normally not going past 6 months, but as she is also a Canadian PR they may not even ask or say how long her stay is going to be.

Sorry if I was not clear, I meant from U.S. consular officer's perspective, since I am sure they can see U.S. petitioner's entry/exit records through CBP, can they question the claimed U.S. domicile if the see that the petitioner has been visiting/living in Canada 40% of the time since they said on i-864 during NVC stage that they were domciled in the U.S.?

[Ontarkie 14,223]

2 hours ago, darth vader said:

OK, so fair to say "sponsor's physical address" doesn not mean, where sponsor is physically on the day of signing i-864? They could be on a business trip to France, but they could still enter their physical address as their U.S. address, and still can submit i-864 while physically in France?

 

Sorry if I was not clear, I meant from U.S. consular officer's perspective, since I am sure they can see U.S. petitioner's entry/exit records through CBP, can they question the claimed U.S. domicile if the see that the petitioner has been visiting/living in Canada 40% of the time since they said on i-864 during NVC stage that they were domciled in the U.S.?

1. Yes correct.

 

2. Yes I should have realized that.  That one is hard. Really I think what we need to do is just keep watch with others experience. Since covid maybe things have shifted in Montreal.