On the fence about domicile....

[darth vader 133]

Hi everyone - I am well aware of the domicile requirements for U.S.C. residing in Canada. However, I am just trying to bounce some ideas off of you veterans here to benefit from our collective experience. Please feel free to recommend/advise best course of action. To recapture my situation, my U.S.C. spouse has been living in Canada with me during pandemic while working for her U.S. employer (who has allowed it temporarily, given our pending immigration and pandemic). We sent a letter to NVC demonstrating my spouse's intent to reestablish domicile and a few key points we highlighted then were

 

    - My spouse quit her Canadian job

    - Obtained a full-time U.S. job

 

NVC accepted that evidence and we were all good.

 

In preparation for the interview, we have now signed a long term lease on a mutliple bedroom apartment in the U.S. starting a few weeks after my interview date. All-in-all we feel like given just these three things above, we are in very good shape as it strongly demonstrates increasingly severing ties from Canada and reestablishing ties in the U.S.

 

However, since Montreal does not allow U.S. spouse inside for the interview anyway, we have begun to wonder if it is worth it to have her move ahead of me to the U.S.? Like a few days before interview? We do not prefer it but if makes a concrete difference then we would rather just do it. We are busy putting things together for interview so the earliest she could move would be a week or so ahead of my interview.

 

If you do recommend that even moving a few days before interview is still worth it. I wonder what you think about:

 

1. Since the lease wouldn't start a few weeks after my interview, she would have to stay with her parents until then. Is it still advised to move ahead of me?

2. What meaningful evidence can be collected in a period of one week that I can provide to the consular officer to demonstrate that my spouse has officially moved back to the U.S.? Few thing that come to mind are:

    - Her boarding pass back to the U.S. would be obvious

    - Perhaps a picture with current date newspaper at nearest post office

    - Not sure if they only do walk-ins but we can try to get an appointment at DMV for exchanging driver's license and show the appointment confirmation?

    - Any other ideas?

 

To get the ball rolling inviting @Ontarkie, @Lemonslice, @NikLR and @Hawk Riders for your opinions. Thank you!

Edited March 19, 2022 by darth vader

[darth vader 133]

Inviting @pushbrk for his valued opinion!

Edited March 19, 2022 by darth vader

[Idlewild 26]

I'm not yet at your stage (but soon!):

• Property tax / rent agreement or payments
• Utility Bills showing US address (cell-phone, internet, cable tv, electricity, etc)
• Financial accounts (brokerage, checking, savings) showing US address
• Drivers License at US Address
• Health Insurance paid for at US Address.

...to name a few.

 

I would think one or a mix of these would be undeniable US domicile proof.

[Ksamwise20 4]

Very interested in hearing an answer for this as well!

[Ontarkie 14,218]

Your case is a little different from many of the others. For other members who do not know Darth had already received a spousal visa before. Then his wife had a job offer in Canada and they changed their mind about moving to the US. (short version but I think I have it straight). So with Montreal's track record of being so hard with domicile Darth has been in panic mode for many months. 

 

Darth with your situation it does make more sense for your wife to be back in the US just before your interview. This way they can't say well she's still here and you didn't leave last time. If she stays you will be constantly wondering if she went back earlier would you not have this RFE (you know the what if's) 

 

It would be perfectly fine is she stays with her parents while waiting on the apartment and you. Many times they don't even ask for much more proof when they know the spouse is already state side. 

 

Then again they may see the information you uploaded and not even ask. 

 

It's really what your poor heart can take. 

Edited April 14, 2022 by Ontarkie