Proving Domicile

[trailmix 77]

Hello,

Well, as posted earlier in the week I am getting a checklist from ye olde NVC, they want my Canadian tax returns and more proof of domicile (per the NVC operator).

I should point out I have never lived in the U.S..

As I wait for this to arrive I am trying to think of things I could do to gather more evidence of domicile. I provided them with a statement from me that we would cross the border together, I gave them my U.S. bank account information and our address in the States where we will be living.

Apparently this is not going to be enough.

I have decided I will also send them proof that we sold our house in January - which should help.

I have searched, I have read entire posting histories, this seems to be an incredibly grey area, especially when one hasn't filed via DCF.

Does anyone have any experience with an RFE for domicile or do you know of something I have missed that might help to prove it?

[trailmix 77]

Ok, I'm confused. I have only posted a couple of questions in the last couple of weeks, in fact pretty much only a couple ever and yet I don't get any answers.

So for those of you reading the above, is it just such a grey area that no one really knows or are you all looking at it going come on Trailmix - everyone knows this already!

I do know the 'official' response:

(1) Opening a bank account;

(2) Transferring funds to the United States;

(3) Making investments in the United States;

(4) Seeking employment in the United States;

(5) Registering children in U.S. schools;

(6) Applying for a social security number; and

(7) Voting in local, state or federal elections

I have done 1 and 6 - the others I can't do (I'm not looking for a job!). We have a place to live and as mentioned I will send them the papers from the sale of our house, what I'm wondering is if anyone has submitted something else that might be helpful?

It takes 6-8 months to even get an interview in Montreal so even if I were looking for a job, I don't know that I would be looking just yet.

I thank anyone for any suggestions - and if you think this question is already well covered (I think I have read about 200 posts at least and haven't found anything new) just let me know.

Thanks!

[essjay 0]

Hi there trailmix. I can't specifically help as we did DCF through London and as you already know, proving domicile seems to be a lot easier for DCFers We have also never lived in the US but made sure we had evidence that we intended to move as soon as we got the visa, sale of house, somewhere to live etc. As you said, you can't really apply for jobs unless you know your timeframe!?!

One thought which did occure to me was another member, saywhat, has just come out of NVC having had huge domicile problems. I know that they bombarded NVC with evidence of domicile, so you might want to have a look at some of his posts.

Other than that, I hope someone else wades in with their "useful" experience, and I wish you Good Luck!!

[Marilyn. 340]

I (the Canadian) never had to show proof of domicile... or am I misunderstanding your situation...??

do they mean proof that the USC actually lives in the US??

[essjay 0]

I had assumed that the problem was the USC proving domicile in the US where they have not lived in the US before and that NVC are more strict than for DCF? But now I am confused....

Trailmix, where are you? Come back and clarify...

[Marilyn. 340]

that would be silly if you had to proof that you were going to move to the US... which is something I didn't have to do....

I did have to proof that I was married to my hubby by showing them our marriage certificate and other stuff ....

but like I said maybe I am misunderstanding something here....

[essjay 0]

Unless I am wrong, all USC's who are not currently living in the US have to show that they are going to move back to the US no later than the date of travel of the visa holder.

I assumed trailmix was saying that for them, the USC is not currently living in the US and that is why domicile is an issue.

For us, we DCF'd in London, and both of us, UKC and USC have never lived in the US, so made sure we had as much evidence as possible of our intention to move asap.

Again, I could be wrong about what trailmix is saying.....

[Marilyn. 340]

ok, that is what i was just thinking...

[trailmix 77]

Unless I am wrong, all USC's who are not currently living in the US have to show that they are going to move back to the US no later than the date of travel of the visa holder.

I assumed trailmix was saying that for them, the USC is not currently living in the US and that is why domicile is an issue.

For us, we DCF'd in London, and both of us, UKC and USC have never lived in the US, so made sure we had as much evidence as possible of our intention to move asap.

Again, I could be wrong about what trailmix is saying.....

Hi,

Yes, you are exactly right. I am the U.S. Citizen, born in Canada and have lived here for quite some time (and some other countries, but never the U.S.).

My Husband is an Australian, he lives here too and has for the past 8 years or so.

I was thinking I would get a letter from my Sister, stating we will be living with them when we arrive in the U.S., might even send in a picture of the house (which will only be helpful if the person at the NVC has a sense of humour)

Edited August 25, 2007 by trailmix

[essjay 0]

Sense of humour at NVC...... Discuss

[Chica Yeyé 41]

[Hi,

Yes, you are exactly right. I am the U.S. Citizen, born in Canada and have lived here for quite some time (and some other countries, but never the U.S.).

My Husband is an Australian, he lives here too and has for the past 8 years or so.

I was thinking I would get a letter from my Sister, stating we will be living with them when we arrive in the U.S., might even send in a picture of the house (which will only be helpful if the person at the NVC has a sense of humour)

Trailmix; my dear and favourite trailmix...

We filed DCF as you know, but this may help: I will bring with me Bren's university transcripts to show he was here finishing up doctoral studies. You could also bring along a letter signed by both of you explaining the situation and by all means mention the intention is to move asap. I don't think mentioning the sale of the house is a good idea though (MTL precisely instructs you NOT to dispose of property).

You can join me in the job hunt - the Consulate would accept a job offer as part of your interview materials as long as it's not older than 6 months.

If I think of anything else, I will type type type away.

Luv yah sister, L.

[misa 2]

trailmix, can't help you out with the domicile issue but definitely send anything you can get your hands on including a letter from your sister. You may even want to ask her to write up a rental agreement (if you're paying her rent, hell even something like $50 a month). Even though she's your sister and the rent is low, it will still be a legally binding contract.

Have you sorted out your I-864 though? I know that Colin Wilson (I think it was Colin) had some issues with U.S. income and had to get a co-sponsor.

[trailmix 77]

trailmix, can't help you out with the domicile issue but definitely send anything you can get your hands on including a letter from your sister. You may even want to ask her to write up a rental agreement (if you're paying her rent, hell even something like $50 a month). Even though she's your sister and the rent is low, it will still be a legally binding contract.

Have you sorted out your I-864 though? I know that Colin Wilson (I think it was Colin) had some issues with U.S. income and had to get a co-sponsor.

Thanks to you all for your help!

Colin's is a bit different that ours in that his income 'assets' were payments being made to him, which would continue after he moved, which they still did not like. Ours is just cash and if they want to get sticky about it I will transfer it all to my account in the States (we aren't hesitant to do it, just looking for a better exchange rate) .

The thing they want from me (from what the operator said...) is for me to put my foreign income (converted) in to the 04/05/06 slots on the I-864. I put zero as I thought (and asked) what I should enter, thought it was irrelevant to the NVC as it is Canadian income, not so apparently, but will know more when I get my checklist.

I will definately include something written up by my Sister and I guess for the job thing I will state that we will both be looking for jobs as soon as our application leaves the clutches of the NVC - in the -modified from the letter I already wrote where I will give more details about our moving plans - (might leave the 'clutches' part out).

[misa 2]

I will definately include something written up by my Sister and I guess for the job thing I will state that we will both be looking for jobs as soon as our application leaves the clutches of the NVC - in the -modified from the letter I already wrote where I will give more details about our moving plans - (might leave the 'clutches' part out).

Good luck with the I-864! As for a rental agreement, I'm sure that there are generic ones on the internet with all the appropriate legal definitions, etc. You don't even have to tell them she's your sister... it's irrelevant how she's related to you in the lease.

For the job thing, maybe you can get yourself registered with a temp agency or headhunting firm now and include that?

[Chica Yeyé 41]

OK, now I am all confused:

Wasn't one supposed NOT to make arrangements for move until the visa was granted? I thought as much.... now I wonder if I should bring in the lease agreement (god willing we'll get our apartment today!!!). HELP!!!!

Len, confused and more insane than ever....