IR1 Immigrant Visa Denied

[shaloma john 0]

Hi Folks,

I am a Canadian Citizen and my husband an American Citizen. My IR1 immigrant visa was turned down because my husband US Domicile. They want an actual job offer and not job search. We have been living here in Canada for 5 years. Now my husband already got a job offer and will be starting next month. Can I accompany him to USA next month to look for apartment and arrange everything and come back to Canada wait here. Will I have any problem at the Port Of Entry. I heard that if your visa is still pending then you will be turned away at the POE.

Thanks

Shaloma

[Lenie7 0]

Hi Folks,

I am a Canadian Citizen and my husband an American Citizen. My IR1 immigrant visa was turned down because my husband US Domicile. They want an actual job offer and not job search. We have been living here in Canada for 5 years. Now my husband already got a job offer and will be starting next month. Can I accompany him to USA next month to look for apartment and arrange everything and come back to Canada wait here. Will I have any problem at the Port Of Entry. I heard that if your visa is still pending then you will be turned away at the POE.

Thanks

Shaloma

Hi Shaloma, unfortunately, Montreal has been denying immigrant visas lately based on lack of domicile, so I'm sorry to hear you're another one. Regarding the POE, it really depends on the immigration officer, but my husband has traveled back and forth from Canada to the U.S. without any problems for the entire past year while his visa was pending. Some of his travel has been for business, while other for personal reasons and it has been very smooth for us, but I know some people have had bad experiences.

I would not ever lie at the POE, but in your situation, I would say that you are visiting/staying with your husband for a specific period of time AND I would have evidence that you have ties to Canada in case they ask (bank account, lease, etc.). I wouldn't go into detail like you plan to find an apartment because it sounds like you are not going to leave (even though you are). If the officer thinks that you don't intend to go back, then you will have problems, so that's really what you need to prove. Good luck!

[trailmix 77]

Hi Shaloma and welcome to VJ,

Sorry to hear this. As Lenie7 mentioned, there have been a few here recently who have been denied in Montreal with regard to domicile proof.

I'm wondering if you can tell us exactly what you took to the interview to prove domicile or reestablishing domicile, for your Husband, this information helps everyone trying to prove domicile.

Thanks!

[Darnell 8,478]

OK - so you decided to start a new thread, with same question.

I have the same question (as before ) , for you:

Was it an outright denial, NOID, or were you given a piece of paper stating 'need the following before visa is granted', with a tick mark on US Domicile?

If the latter, then you have some hope. If the former, then I suggest you tell your USC spouse to file another I-130.

[shaloma john 0]

edit after reading Mals answer - I didn't notice that you were trying to prove that you were domiciled in the U.S. as opposed to trying to reestablish domicile.

You might want to look at this:

http://www.visajourney.com/forums/index.ph...t=0&start=0

Also this, same thread as above but with links to other's experiences.

http://www.visajourney.com/forums/index.ph...t&p=3538025

Hi Folks,

We had US Tax Returns, US Bank Accounts, Utility Bills, Voters Registrations, Rental Agreement and Job search. They said that we need job offer and US Driver's Licence. Now my husband already have a job offer and he will be starting next month. Hopefully everything will be okay. The officer at the embassy told me that they will be give me the visa once I submit all the document together with my passport. They gave me white slip saying denied section 221g. Reason for deniel proof of domicile

Thanks

Shaloma

[trailmix 77]

Is your Husband a Canadian permanent resident?

Thanks for the additional info

[shaloma john 0]

Is your Husband a Canadian permanent resident?

Thanks for the additional info

Yes, he is a Canadian Permanent Resident. He is holding a well paid job and also we have a house. I think the embassy don't like Americans applying for Permanent Resident here.

Shaloma

[Malrothien 6]

Is your Husband a Canadian permanent resident?

Thanks for the additional info

Yes, he is a Canadian Permanent Resident. He is holding a well paid job and also we have a house. I think the embassy don't like Americans applying for Permanent Resident here.

Shaloma

No, it isn't that. It's the domicile requirement that must be met.

[shaloma john 0]

Is your Husband a Canadian permanent resident?

Thanks for the additional info

Yes, he is a Canadian Permanent Resident. He is holding a well paid job and also we have a house. I think the embassy don't like Americans applying for Permanent Resident here.

Shaloma

No, it isn't that. It's the domicile requirement that must be met.

Thanks buddy, I guess I am wrong.

Shaloma

[Malrothien 6]

To give you an example - LeprechanSean was a PR who filed via DCF - he was approved earlier this month. However, he did move down to the US prior to the interview (which is what I am doing, unfortunately).

[trailmix 77]

This is something new. In fact I was just thinking, the whole denial thing is new to the Montreal Consulate for domicile - this has never happened since I have been reading these boards.

With Sean, he moved back, that is 100% proof of domicile, can't really dispute that.

But then again Shalom, what Mal is probably referring to is the different types of domicile and how PR status in Canada might be considered.

For U.S. immigration purposes there are 2 types of domicile and then there is intent to reestablish domicile.

1. Actual domicile - you actually live in the U.S.

2. Temporary absence. While you live in another country, you are only there temporarily - think 'visiting' - things like applying for PR status in that country would make it almost impossible for you to prove this.

2. Reestablishing domicile. This is where you must prove that you 'intend to reestablish domicile in the U.S. no later than the intending immigrant'. So basically they are saying that, we know you don't live there - however prove to us that you are planning to move back before or with the immigrant.

I can see, if they think you are trying to prove option 2 - where Canadian PR would discount that.

[Darnell 8,478]

Hi Folks,

We had US Tax Returns, US Bank Accounts, Utility Bills, Voters Registrations, Rental Agreement and Job search. They said that we need job offer and US Driver's Licence. Now my husband already have a job offer and he will be starting next month. Hopefully everything will be okay. The officer at the embassy told me that they will be give me the visa once I submit all the document together with my passport. They gave me white slip saying denied section 221g. Reason for deniel proof of domicile

Thanks

Shaloma

Great. I suggest you don't travel south until you have the Visa in the passport. It's great that they're giving you a chance , asking for more evidence.

It's just some extra time - don't fret about it.

There's been similar issues with USCs living in China, filing either @Chicago or doing DCF - must prove up US Domicile. For some, the USC moved back, got job in USA, domicile in USA, then sent all docs back to GUZ, with the visa approved after review.

Edited December 12, 2009 by Darnell

[shaloma john 0]

This is something new. In fact I was just thinking, the whole denial thing is new to the Montreal Consulate for domicile - this has never happened since I have been reading these boards.

With Sean, he moved back, that is 100% proof of domicile, can't really dispute that.

But then again Shalom, what Mal is probably referring to is the different types of domicile and how PR status in Canada might be considered.

For U.S. immigration purposes there are 2 types of domicile and then there is intent to reestablish domicile.

1. Actual domicile - you actually live in the U.S.

2. Temporary absence. While you live in another country, you are only there temporarily - think 'visiting' - things like applying for PR status in that country would make it almost impossible for you to prove this.

2. Reestablishing domicile. This is where you must prove that you 'intend to reestablish domicile in the U.S. no later than the intending immigrant'. So basically they are saying that, we know you don't live there - however prove to us that you are planning to move back before or with the immigrant.

I can see, if they think you are trying to prove option 2 - where Canadian PR would discount that.

Hi Trailmix,

Thanks for wonderful response. I can clearly understand the situation. My husband will be taking the new job in the US in January. Hopefully by then he can get his driver's licence, and apartment rental agreement ready. I think it will take atleast one and half month. That's all they want.

Shaloma

[mikey78 6]

The more I read about recent domicile-related denials the more disappointed I get...someone in MTL has a very arbitrary interpretation of the law and it already came to complicate many people's lives. As trailmix outlined, having a domicile and proving the intention to re-establish domicile (which is usually applicable to Direct Consular Filing) are two different things both introduced for different kinds of applicants (and it is all explained in the adjudicator's field manual)!

Someone mentioned that VJ is being read by consulate employees in MTL. If that's the case, they just lurking here and it would be great if they decided to communicate with the immigrant community we all represent and addressed the issue of re-establishing domicile for DFC.

In the meanwhile, I was just wondering if anyone consulted an immigration lawyer about this? It's true that the CO during the interview has the last word but there are certain guidelines to follow (see AFM mentioned above) and monitoring procedures in place to assure the law is being interpreted in the right way. I guess individual appeals will most likely not be successful but by now there are enough denied DFC filers in Canada to start raising the issue on the group level.

This is something new. In fact I was just thinking, the whole denial thing is new to the Montreal Consulate for domicile - this has never happened since I have been reading these boards.

With Sean, he moved back, that is 100% proof of domicile, can't really dispute that.

But then again Shalom, what Mal is probably referring to is the different types of domicile and how PR status in Canada might be considered.

For U.S. immigration purposes there are 2 types of domicile and then there is intent to reestablish domicile.

1. Actual domicile - you actually live in the U.S.

2. Temporary absence. While you live in another country, you are only there temporarily - think 'visiting' - things like applying for PR status in that country would make it almost impossible for you to prove this.

2. Reestablishing domicile. This is where you must prove that you 'intend to reestablish domicile in the U.S. no later than the intending immigrant'. So basically they are saying that, we know you don't live there - however prove to us that you are planning to move back before or with the immigrant.

I can see, if they think you are trying to prove option 2 - where Canadian PR would discount that.

[jonesg111 0]

We also had the same problem as most of you already know. What we're doing is getting my wife's Senator involved. They have sent in a request to the Montreal consulate for information on what they require.

The funny part is that they were asking for things from you that we showed them earlier, such as my wife's US drivers license, job offer, etc. This seems to becoming a major issue for Montreal, once I hear from the Senator I'll defiantly post what they found out.