Can CO refuse to consider evidence brought to interview?

[payxibka 10,045]

1.  Its been there awhile 

1.1. Of course

1 2 sure 

1.3 no

 

2.  Never checked subsequently 

2.1.  Should spend more time in the usa than not in the usa,  final determination is up to border agents or immigration judge.  

 

2.2. Montreal is the most difficult consulate on this issue.   Visiting is not the issue,  residing is.

Edited April 28, 2021 by payxibka

[carmel34 3,625]

2 hours ago, darth vader said:

2. Once a U.S. citizen has moved back to U.S. and established domicile, how much time can they spend in Canada without having any issues/questions asked about U.S. domicile?

    2.1. For e.g. can my wife spend half of the time here in Canada? 1/4 of the time here in Canada? What is the advised time one can     spend here in Canada without raising questions about actual domicile in the U.S.?

    2.2. More importantly have you ever seen any case where a petitioner's U.S. domicile was questioned because they spent too much time visiting their spouse here in Canada? If so, what was the outcome?

Montreal is super picky about US domicile for the US spouse because of how easy it is to go back and forth, people try to game the system (not saying you are).  You should be fine if your wife moves permanently to the US at least 2 or 3 months before your visa interview (tricky to time it right because of the huge backlog for interviews in Montreal right now), signs a lease, moves into an apartment, starts working there, gets a driver's license, bank accounts, US health insurance, and so forth.  She should only go and visit you in Canada for brief periods of time (think of a weekend trip, maybe a week, two at the most).  Check out the Montreal forum for many similar cases, as usually they will ask about domicile at the interview and will look at new documents that were not uploaded at the NVC stage.  Good luck! 

[darth vader 133]

3 hours ago, carmel34 said:

Montreal is super picky about US domicile for the US spouse because of how easy it is to go back and forth, people try to game the system (not saying you are).  You should be fine if your wife moves permanently to the US at least 2 or 3 months before your visa interview (tricky to time it right because of the huge backlog for interviews in Montreal right now), signs a lease, moves into an apartment, starts working there, gets a driver's license, bank accounts, US health insurance, and so forth.  She should only go and visit you in Canada for brief periods of time (think of a weekend trip, maybe a week, two at the most).  Check out the Montreal forum for many similar cases, as usually they will ask about domicile at the interview and will look at new documents that were not uploaded at the NVC stage.  Good luck! 

We are at NVC stage and my USC wife has already quit her amazing Canadian job (which hurt like hell), and started a full-time remote U.S. job. We want her to be here until 2-3 months before interview. 

[Nitas_man 3,100]

11 hours ago, darth vader said:

@Paul & Mary, @Boiler, @Lucky Cat, @aaron2020, @payxibka, @Dashinka, @SteveInBostonI130, @extremerecluse - Please weigh in on the below:

1. Has there ALWAYS been an option to upload further documents to NVC after DQ? I think right now it is an option, and I believe it would be immensely helpful for us to upload new lease and utility bills etc. like a month before the interview, basically updating CO that my wife has now established domicile. However, I am curious if:

    1.1. This ability to upload docs after DQ can be taken for granted?
    1.2. Can they remove this feature or has it been always there?
    1.3. Are CO legally/procedurally (as per FAM) required to consider any docs uploaded to CEAC after DQ?

 

2. Once a U.S. citizen has moved back to U.S. and established domicile, how much time can they spend in Canada without having any issues/questions asked about U.S. domicile?

    2.1. For e.g. can my wife spend half of the time here in Canada? 1/4 of the time here in Canada? What is the advised time one can     spend here in Canada without raising questions about actual domicile in the U.S.?

    2.2. More importantly have you ever seen any case where a petitioner's U.S. domicile was questioned because they spent too much time visiting their spouse here in Canada? If so, what was the outcome?

Thanks!

 

On 4/27/2021 at 4:21 PM, darth vader said:

Inviting @Nitas_man for advice.

Already advised you.  
You are driving yourself crazy for nothing.

[darth vader 133]

8 hours ago, Nitas_man said:

 

Already advised you.  
You are driving yourself crazy for nothing.

Thanks! Another, unrelated question for everyone on this thread - since it is a COVID world, and everything is uncertain, we have a co-sponsor lined up in case we need it at the time of the interview. My co-sponsors are my in-laws who are retired 67 year old. They have enough retirement income to satisfy the poverty guidelines. Has anyone ever seen a CO reject an affidavit of support because the co-sponsor was retired/old?

[retheem 564]

On 4/27/2021 at 4:20 PM, darth vader said:

I plan to provide proof of intent to reestablish domicile at NVC. We plan to have my spouse move 2-3 months ahead of the interview and sign an apartment lease, get a drivers license etc.

 

As such, I would have to carry proof of my spouse's domicile in the U.S. at the time of the interview. I am being told that the CO is under no obligation to consider any evidence brought to the interview and can make up his mind before the interview. Is this true?

In theory, they can refuse to consider. Whether that actually happens, is a whole other matter.