Visa denied in Montreal, must show domicile

[kristinelder 0]

My husband had his interview for his CR1 visa in Montreal on June 15 and was denied because I am in Canada with him presently. They asked him to send in documents to prove my domicile within the states. I have maintained a domicile within the states and so we sent documents showing that in and our tracking number showed that it was received in Montreal on June 26. His interviewer said that he would get a reply really quickly, but we haven't heard anything yet and we're getting a little stir crazy! Has anybody else had this experience? And if so, how did it turn out for you? Thanks for any help. These last bits of waiting are brutal

[trailmix 77]

My husband had his interview for his CR1 visa in Montreal on June 15 and was denied because I am in Canada with him presently. They asked him to send in documents to prove my domicile within the states. I have maintained a domicile within the states and so we sent documents showing that in and our tracking number showed that it was received in Montreal on June 26. His interviewer said that he would get a reply really quickly, but we haven't heard anything yet and we're getting a little stir crazy! Has anybody else had this experience? And if so, how did it turn out for you? Thanks for any help. These last bits of waiting are brutal

A couple of people have had this happen recently, one was wowswift, I can't remember who the other person was.

The thing is, a lot of people misunderstand the domicile requirement - you can't actually prove that you have 'domicile' per se, in the U.S. - because you are not physically there. What you have to prove is that you 'intend to reestablish domicile no later than the intending immigrant' - that is a different set of proof.

You might want to try emailing the Montreal consulate to see where they are up to with it.

[bowflex 0]

My wife and I were denied, granted for a different reason than you, but we had to get our Senator involved as it ended up taking an extra two months to get a decision after we sent in the paperwork. I'd shoot over an email or give a call to the Consulate just to make sure they received your documentation and that it's in line to be processed, good luck!!

[mikey78 6]

I don't think that the immigration section at the consulate takes any phone calls (correct me if I am wrong...but maybe there are some magic, key words that get one through the operator to IV dept , nowadays they answer emails within 4-5 business days

[wowswift 3]

Start emailing them. I don't know how backed up they are now, but ours took around two weeks to get it approved. (found out in email) but didn't get the passport back till later, (though it was holiday time too and mailing to newfoundland in the winter)

[chochamu 0]

just a question just got packet 3 today in the mail and really the domicile we have set up is my wife's uncle's house in Ohio. Would it be a good idea for her to go back to the US now and start working and renting our own place? or does it matter. She is still here in Canada and working will that affect anything or would we need a co-sponsor?

[Danu 19]

just a question just got packet 3 today in the mail and really the domicile we have set up is my wife's uncle's house in Ohio. Would it be a good idea for her to go back to the US now and start working and renting our own place? or does it matter. She is still here in Canada and working will that affect anything or would we need a co-sponsor?

I think a few people have gotten their relatives to write up a letter saying they have an agreement to live there upon entrace and that you will be staying for X amount of months until you get your own place, along with any payment agreements you have made (paying utility costs or something). Not sure about the sponsor/co-sponsor thing for the IR/CR-1 though.

Edited July 21, 2009 by Danu

[chochamu 0]

oh yeah also i'm doing a DCF Toronto not sure if that changes anything.

[Malrothien 6]

I'm the USC living in Canada, and for proving domicile, I'll be opening a bank account with BOA, having my Gramma write up a letter saying that we will be living with her once we move, and will be paying a % of the utilities. We will also write letters (both of us) with what our intentions are once we move.

[trailmix 77]

This thread might help:

Proving domicile when not living in the U.S., Even if you have never lived in the U.S.

Edited July 21, 2009 by trailmix

[Flames9_RN 358]

oh yeah also i'm doing a DCF Toronto not sure if that changes anything.

u still do ur interview in Montreal

[chochamu 0]

will we still need a co-sponsor? since my wife has no US income. We can get a letter from her aunt when my wife flies back next month about living with her and also open a bank account at that time as well. Should i wait until she comes back before proceedeing with packet 3?

after reading this thread and the other one linked above i'm a bit more at ease with proving domicile but now the income requirements are becoming an issue

[trailmix 77]

will we still need a co-sponsor? since my wife has no US income. We can get a letter from her aunt when my wife flies back next month about living with her and also open a bank account at that time as well. Should i wait until she comes back before proceedeing with packet 3?

after reading this thread and the other one linked above i'm a bit more at ease with proving domicile but now the income requirements are becoming an issue

Canadian income doesn't count, unless it will continue from the same source when you arrive in the U.S.

You either need assets = to 3 x 125% of the poverty guidelines, or you will need a cosponsor - check out the I-864 instructions.

[jonesg111 0]

This happened to us just two months ago. What we have done is put together a rental agreement with her parents, got a letter of employment from someone we know saying that my wife will work there when she returns, and then we also are sending in a moving quote from U-pack.

We have not sent anything in just yet since we're waiting for our condo to sell first so I can't tell you if that stuff will work, but it should to the best of my knowledge.

Hope that helps.

[L179 1]

Some of the important things they look for to prove domicile are:

valid bank account...

voters registeration...

car/mortgage...

a job offer...

etc