Re-establishing Domicile Abroad

[n8lol 2]

Hello.

 

We are looking to re-establish domicile for my mom, who has lived in Canada for the past 25 years. She is a naturalized USC. We are looking to achieve this without her moving to the US during the process.

 

I've read that Montreal is notorious for being difficult and wants extreme evidence of establishing your life in the US so that your Spousal I-130 is approved. This will be filed with a Joint Sponsor who is working and living in the US.

 

We haven't submitted I-130 yet (we plan on doing it in the next few months, probably in October), but we're looking to prepare all the proof beforehand. 

 

We plan on submitting the following:

• Email communication with the local school board inquiring about the process and intent of registering my younger siblings (currently ages 10 and 14)
• Email communication with Colleges and Universities inquiring about the process for my sister who will likely be applying for university at the time my dad gets approved
• Email communication for health and auto insurance quotes
• Email communication for shipping vehicles from Canada to California quotes
• Email communication with Canadian Real Estate Agents for estimations as to how much our house is worth in the current market
  • Email will mention that we are planning to sell once the paperwork for my dad gets approved 
• Email communication with Realtors in the area we plan on moving to outline our requirements for a home and budget (once the Canadian house is sold)
• Email communication with Canadian banks inquiring about plans for dual citizens living in the US
  • Also asking if they recommend we leave our account open, switch it to a no-fee-based structure, etc.
• Renewing expired driver's license (California - mom's license has been expired for 20+ years. She will need to do a road test)
• Opening a bank account with the previous bank she had when living in the US and making monthly deposits
  • This will need to be done after the driver's license and proof of address has been established
• We will have housing from family until we can sell our Canadian home and transfer the money to buy property there
  • There will be email communication and a lease outlining an agreement for housing. It would be for $0 but I've read that looks suspicious so should we actually assign a proper monthly value here?
• Proof of a bill under her name
  • We plan on getting a cheap cell phone plan that will be charged to her newly setup US bank account 
• Proof of CRBA for 3 of my siblings (these will be filed in the next month)
• Proof of filing US Back Taxes
  • Mom never filed US taxes since she didn't know it had to be done. We will be getting this done in the next few weeks.
• Proof of applying for jobs in the US
• Proof of travel to the US in recent months (We have visited twice this year) - not sure if this provides any value but might indicate we're serious about moving?

 

Note: She will be making a trip to California in December to get the bank account, driver's license, and phone plan situated.

 

Based on everyone's experience from the forum, do you believe the documents/correspondence listed above will be sufficient for the Montreal Consulate? 

Edited July 30, 2023 by n8lol

[Boiler 45,445]

I ignored anything that mentioned email

 

On the position side jobs are pretty easy to find so difficult to imagine she will not be employed and resident well before this is an isdue

[n8lol 2]

2 minutes ago, Boiler said:

I ignored anything that mentioned email

 

On the position side jobs are pretty easy to find so difficult to imagine she will not be employed and resident well before this is an isdue

Thank you.

 

Are the emails not worth including then? Maybe we can put them towards the end of the document and not in the order I outlined in the post.

 

I also believe you were autocorrected and meant to say "on the positive side" as opposed to "on the position side". Yes, she can easily find a job. The only challenge is that she doesn't want to be apart from the family during the entire process. If it had to be for a month or so before my dad was approved that isn't an issue. But more than that is difficult since her work isn't remote and needs to be in-person (daycare). 

 

 

[Boiler 45,445]

Nobody here can tell you want the Canadian Consulate will you want in 2025

 

Historically they are quite demanding

 

Moving first is the most certain route

[Redro 4,611]

3 hours ago, n8lol said:

Hello.

 

We are looking to re-establish domicile for my mom, who has lived in Canada for the past 25 years. She is a naturalized USC. We are looking to achieve this without her moving to the US during the process.

 

I've read that Montreal is notorious for being difficult and wants extreme evidence of establishing your life in the US so that your Spousal I-130 is approved. This will be filed with a Joint Sponsor who is working and living in the US.

 

We haven't submitted I-130 yet (we plan on doing it in the next few months, probably in October), but we're looking to prepare all the proof beforehand. 

 

We plan on submitting the following:

• Email communication with the local school board inquiring about the process and intent of registering my younger siblings (currently ages 10 and 14)
• Email communication with Colleges and Universities inquiring about the process for my sister who will likely be applying for university at the time my dad gets approved
• Email communication for health and auto insurance quotes
• Email communication for shipping vehicles from Canada to California quotes
• Email communication with Canadian Real Estate Agents for estimations as to how much our house is worth in the current market
  • Email will mention that we are planning to sell once the paperwork for my dad gets approved 
• Email communication with Realtors in the area we plan on moving to outline our requirements for a home and budget (once the Canadian house is sold)
• Email communication with Canadian banks inquiring about plans for dual citizens living in the US
  • Also asking if they recommend we leave our account open, switch it to a no-fee-based structure, etc.
• Renewing expired driver's license (California - mom's license has been expired for 20+ years. She will need to do a road test)
• Opening a bank account with the previous bank she had when living in the US and making monthly deposits
  • This will need to be done after the driver's license and proof of address has been established
• We will have housing from family until we can sell our Canadian home and transfer the money to buy property there
  • There will be email communication and a lease outlining an agreement for housing. It would be for $0 but I've read that looks suspicious so should we actually assign a proper monthly value here?
• Proof of a bill under her name
  • We plan on getting a cheap cell phone plan that will be charged to her newly setup US bank account 
• Proof of CRBA for 3 of my siblings (these will be filed in the next month)
• Proof of filing US Back Taxes
  • Mom never filed US taxes since she didn't know it had to be done. We will be getting this done in the next few weeks.
• Proof of applying for jobs in the US
• Proof of travel to the US in recent months (We have visited twice this year) - not sure if this provides any value but might indicate we're serious about moving?

 

Note: She will be making a trip to California in December to get the bank account, driver's license, and phone plan situated.

 

Based on everyone's experience from the forum, do you believe the documents/correspondence listed above will be sufficient for the Montreal Consulate? 

Mom won’t have to move until I130 is approved (if Montreal consulate still wants USC to move before interview) and dad applies for visa by completing the DS260. This might take 12-13 months. 
Not sure of the family dynamic but I would file NOW and plan for mom and younger siblings to move to the US next August/September for the new school year… hopefully your dad will interview late 2024 and family will reunite 2025. 
None of the plans you’re figuring out now need to be submitted until NVC stage… so she can obtain DL, you can look at selling house etc over the next year… 

don’t delay filing because domicile has not yet been re-established. This is not a factor for the I130 stage.

Edited July 30, 2023 by Redro

[n8lol 2]

21 minutes ago, Redro said:

Mom won’t have to move until I130 is approved (if Montreal consulate still wants USC to move before interview) and dad applies for visa by completing the DS260. This might take 12-13 months. 
Not sure of the family dynamic but I would file NOW and plan for mom and younger siblings to move to the US next August/September for the new school year… hopefully your dad will interview late 2024 and family will reunite 2025. 
None of the plans you’re figuring out now need to be submitted until NVC stage… so she can obtain DL, you can look at selling house etc over the next year… 

don’t delay filing because domicile has not yet been re-established. This is not a factor for the I130 stage.

I appreciate your response.

 

In the event Montreal Consulate doesn't require my mom (USC) to move, we wouldn't need to worry about the time apart.

 

Otherwise, it sounds like we should plan for a few months of time apart. In the case that is what is required, is there any possibility for my dad to also spend that time with us in the US as a visitor?

[Boiler 45,445]

I assume your father is eligible to visit

[Redro 4,611]

14 minutes ago, n8lol said:

I appreciate your response.

 

In the event Montreal Consulate doesn't require my mom (USC) to move, we wouldn't need to worry about the time apart.

 

Otherwise, it sounds like we should plan for a few months of time apart. In the case that is what is required, is there any possibility for my dad to also spend that time with us in the US as a visitor?

You won’t know if mom’s intent to re establish will be accepted until your father goes to his interview. So, this is why members suggest your mother (the petitioner) moves to the US before the interview. AP in Canada can be lengthy which will delay the move for everyone. 
Does the entire family have to move to the US together? Have you or your older brother considered petitioning your dad and moving to the US ahead of the rest of the family? 

[n8lol 2]

31 minutes ago, Redro said:

You won’t know if mom’s intent to re establish will be accepted until your father goes to his interview. So, this is why members suggest your mother (the petitioner) moves to the US before the interview. AP in Canada can be lengthy which will delay the move for everyone. 
Does the entire family have to move to the US together? Have you or your older brother considered petitioning your dad and moving to the US ahead of the rest of the family? 

So if I'm understanding correctly, the ideal time for Mom to move will be after the I-130 is approved/before Dad's interview is scheduled. Based on what I've read this could take anywhere from 3-5 months to have the interview in Montreal. 

 

The entire family would need to move to the US and a child petitioning for a father would be too time-consuming. 

 

My mom is deeply attached to my father and can't be separated from him for too long. She is already worrying about going for a few weeks in December without him 😅. 

 

I will need to do more research to see whether or not my dad will be eligible to stay in the US for a few months at a time (depending on how long the process takes) given he has an active immigration case open. He is a gig worker so he can take time off work for as long as he'd like.

Edited July 30, 2023 by n8lol
typo

[Redro 4,611]

1 hour ago, n8lol said:

So if I'm understanding correctly, the ideal time for Mom to move will be after the I-130 is approved/before Dad's interview is scheduled. Based on what I've read this could take anywhere from 3-5 months to have the interview in Montreal. 

 

The entire family would need to move to the US and a child petitioning for a father would be too time-consuming. 

 

My mom is deeply attached to my father and can't be separated from him for too long. She is already worrying about going for a few weeks in December without him 😅. 

 

I will need to do more research to see whether or not my dad will be eligible to stay in the US for a few months at a time (depending on how long the process takes) given he has an active immigration case open. He is a gig worker so he can take time off work for as long as he'd like.

You’ll need to tell your mom to figure out her priorities. The green card for a spouse is to reunite families IN the US. If your mom has no intention of living in the US without your dad there really is no reason for Montreal to give him a green card because they can and do live in Canada together. 
If your dad is a Canadian citizen he should be able to visit the US fairly easily. The issue is it sounds like your dad will be living inside the US with your mom while he waits for the visa to be processed. If it looks like he is moving to the US with your mom he could be denied entry and not allowed to go to the US until he receives the immigrant visa. Nothing is certain… Canadians can and do visit their American spouses while waiting for their immigrant visa. But, sometimes people are denied when they are suspected of moving to the US without the proper visa. 

 

 

[manyfudge 285]

3 hours ago, n8lol said:

child petitioning for a father would be too time-consuming. 

Same amount of time as wife petitioning husband.

[Boiler 45,445]

The Sisters will be about 16 and 12, so that sort of timing from a School perspective can complicate issues.

 

Your father can not work in the US when visiting.

[mam521 2,057]

On 7/30/2023 at 6:54 PM, n8lol said:

So if I'm understanding correctly, the ideal time for Mom to move will be after the I-130 is approved/before Dad's interview is scheduled. Based on what I've read this could take anywhere from 3-5 months to have the interview in Montreal. 

 

The entire family would need to move to the US and a child petitioning for a father would be too time-consuming. 

 

My mom is deeply attached to my father and can't be separated from him for too long. She is already worrying about going for a few weeks in December without him 😅. 

 

I will need to do more research to see whether or not my dad will be eligible to stay in the US for a few months at a time (depending on how long the process takes) given he has an active immigration case open. He is a gig worker so he can take time off work for as long as he'd like.

Many people have had to be separated from their spouses, irrespective of how deeply attached they are.  They need to consider the end game - a few months on how many years of marriage is but a drop in the hat.  

 

The biggest challenge your father will face when visiting with a pending immigration case is proving strong ties to Canada and that he's simply visiting.  One of the easiest ways is an employment letter, which sounds like he won't have.  You will have to consider how to demonstrate to a CBP officer that he is not entering the US to adjust status.  

 

The CRBA's may take some time.  The US passports will definitely take time.