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jonesg111

Update on Domicile

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Filed: IR-1/CR-1 Visa Country: Canada
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So we finally got a response from Montreal today. The Senator's office had to call the Consul General in Montreal and then the Deputy Consul General in order to get some info but this is what they said.

They basically want all the paperwork that I sent in earlier back again with a few minor modifications.

The job offer needs to be really specific on the job, the date its effective and for how long the offer stands.

The lease agreement needs to be formal, the kind with all the legalize on it.

Try to come up with some utility bills, now even the Deputy Consul General agreed that this is near impossible to do without living in the US first but try your best to get some. HUH??

Drivers license, vehicle registration from the US

So we're going to get this together and send it in towards the end of this week.

He did also say that they are moving people around to deal with the situation in Haiti so that could be delaying some progress in Montreal so to keep that in mind as well.

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Very interesting. This is taking an enormous amount of time for you! How tiring and time consuming this must be! I'm sure you must have read other threads about what's needed for proving domicile. Is your case out of the ordinary do you think?

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Filed: IR-1/CR-1 Visa Country: Canada
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Oh you bet I've read all the other threads about domicile!

I've also got an email from the Senator's office with the response from the Deputy Consul General stating what is required. So if that does not do it then nothing will. What they are blaming a lot of these domicile misunderstandings on is new employees at the Montreal Consulate. All those folks that were essentially forced to split up was entirely unnecessary but I understand why they would do it. I think our particular situation is one where we can take the time to get some answers because what they're telling people in Montreal about domicile and how you have to move back to the US first is bogus!

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Filed: K-1 Visa Country: Canada
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You may have thought of this, but what about signing up for a US cell phone as a utility bill? Those are generally pretty easy to get and the contract might be something to show right off the bat.

Good luck!

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Filed: IR-1/CR-1 Visa Country: Canada
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Oh you bet I've read all the other threads about domicile!

I've also got an email from the Senator's office with the response from the Deputy Consul General stating what is required. So if that does not do it then nothing will. What they are blaming a lot of these domicile misunderstandings on is new employees at the Montreal Consulate. All those folks that were essentially forced to split up was entirely unnecessary but I understand why they would do it. I think our particular situation is one where we can take the time to get some answers because what they're telling people in Montreal about domicile and how you have to move back to the US first is bogus!

May I ask what the Senator's office email stated was required?

I'm in a similar boat. I'm terrified we will be denied. We have a baby who is growing so fast these days. I really don't want to have to move down ahead of my husband and have him miss all these first milestones.

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Filed: IR-1/CR-1 Visa Country: Canada
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May I ask what the Senator's office email stated was required?

I'm in a similar boat. I'm terrified we will be denied. We have a baby who is growing so fast these days. I really don't want to have to move down ahead of my husband and have him miss all these first milestones.

Hi Boop,

That info is actually in Jones' post above:

The job offer needs to be really specific on the job, the date its effective and for how long the offer stands.

The lease agreement needs to be formal, the kind with all the legalize on it.

Try to come up with some utility bills, now even the Deputy Consul General agreed that this is near impossible to do without living in the US first but try your best to get some. HUH??

Drivers license, vehicle registration from the US

You will also want to read this thread probably, after you read the first page you may want to skip to the last page for links to reviews from folks trying to prove reestablishing domicile:

http://www.visajourney.com/forums/index.php?showtopic=164618

That's interesting Jones, what you said about the new staff etc. It's a concern for sure. I mean it's one thing if you have a new staff member in an office and they transpose a figure, it's another thing entirely when they force a couple (with children involved sometimes) to live in separate countries, quit their job in Canada earlier than they had to, produce evidence that they never had to produce (which is a huge hassle i'm sure) etc etc

Anyway, as you already know, I think it's great that you are sticking to this and making an attempt to sort it out - you are perhaps going to make it better for other people who are trying to prove reestablishing domicile. I know it's a hassle for you and your wife as well.

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Filed: IR-1/CR-1 Visa Country: Canada
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Well that email I was supposed to get this morning from the Senator so I'll follow up on that and once I get it I'll post it here so we can all see exactly what it says.

As for the cell phone bill we had thought about that but again since we don't know exactly when we're moving we'd rather not spend money on a monthly bill that we may not use for 3-4 months.

I do hope that I can get some stuff in writing so that we all can get some definite answers. I would encourage others to also call their Senator's and get them involved. If enough people ask questions then it'll get sorted out for everyone else a lot quicker.

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Filed: K-1 Visa Country: Canada
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Well that email I was supposed to get this morning from the Senator so I'll follow up on that and once I get it I'll post it here so we can all see exactly what it says.

As for the cell phone bill we had thought about that but again since we don't know exactly when we're moving we'd rather not spend money on a monthly bill that we may not use for 3-4 months.

I do hope that I can get some stuff in writing so that we all can get some definite answers. I would encourage others to also call their Senator's and get them involved. If enough people ask questions then it'll get sorted out for everyone else a lot quicker.

You could always get the Verizon Canada plan that lets you use the phone while in Canada or the US. I don't think it's that expensive. Just a thought.

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Filed: IR-1/CR-1 Visa Country: Canada
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You could always get the Verizon Canada plan that lets you use the phone while in Canada or the US. I don't think it's that expensive. Just a thought.

Good idea, I'll look into that tonight, thanks!

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Filed: IR-1/CR-1 Visa Country: Canada
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I would encourage others to also call their Senator's and get them involved. If enough people ask questions then it'll get sorted out for everyone else a lot quicker.

I agree. You are the only person who has a domicile issue pending, everyone else has skipped the country. It would be great if those that have left, even if they wait for their Husband/Wife to get to the U.S., in turn put in an inquiry to find out why they were not permitted to prove reestablishing domicle, would surely help out some people in the future. :thumbs:

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Filed: IR-1/CR-1 Visa Country: Canada
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Here is a copy of the emails that went between the Consulate and the Senator's office.

These are in reverse order so start reading the bottom one and work your way up... hope that doesnt confuse anyone.

Good morning, *** and ***,

Per our conversations, we called the U.S. Consulate General in Montreal on your behalf to clarify what documentation you might need to produce to complete your file for processing.

Essentially, the Consulate General has indicated that your application would best be served by the addition of formalized, specific documentation of employment and housing. ***'s offer of employment letter would be most useful if the potential employer can provide a job title and possible start date. Likewise, the housing arrangements you have set up should be reflected in a formal, signed lease agreement. Also, as we discussed, you should resubmit ***’s US drivers license, registration, and proof of insurance (if you have it). Finally, we were also told that confirmation of utility arrangement/set-up may also help.

Again, we cannot guarantee that supplying the above will automatically fix the situation, but it is our understanding that it should help significantly. Please keep in mind, too, that the current Haitian crisis may temporarily delay finalization of your application as the Consulate in Montreal has seen a significant and sudden influx of work related to that situation.

Please let us know once you have provided the requested proof of domicile. At that time, we would be happy to verify its receipt by post. As always, please feel free to let me know if you have any additional concerns or questions in the meantime.

Sincerely,

***

From: U.S. Consulate Montreal

Sent: Tuesday, January 26, 2010 11:21 AM

To:

Cc:

Subject: RE:

***,

In follow-up to our phone conversation, please advise petitioner and applicant to courier lease agreement, employment offer and anything they can present that demonstrates that they are establishing primary residence in the U.S.

Regards,

*** ****

Chief, Immigrant Visa Unit

U.S. Consulate Montreal

Sent: Friday, January 08, 2010 10:57 AM

To: U.S. Consulate Montreal

Good morning, Mr. ***,

Thank you for your reply regarding Mr. ***'s immigrant visa application (MTL****). Since receiving your e-mail, our office had a chance to speak with the ***es regarding the case.

In that subsequent conversation, Mr. *** provided our office with a copy of the November 19, 2009 letter you cited. The information sheet included with that letter explains, “steps [to establishing domicile] might include finding U.S. employment, locating a place to live, registering children in U.S. schools, and other indications of residence.” Mr. *** asserts that in October 2009 he and his wife provided the Consulate with an offer of employment from a ***-based company, a lease agreement, and proof a voter registration for Ms. ***. Thus receiving the request for such documentation after providing it has caused some confusion and concern to the applicants. Specifically, they have asked that we verify that the Consulate is in receipt of those three pieces of documentation. If they have, indeed, been received but the consular staff have deemed it not enough, the ***es have asked for clarification as to what other types of documentation would satisfy the Consulate’s concerns. The constituents have expressed a willingness to provide the Consulate with whatever evidence is needed but are requesting guidance as to how that might be accomplished.

Thank you in advance for your continued attention to this matter and for any further information or assistance you may be able to offer.

Sincerely,

****

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