Proving domicle and both living in Canada ?

[M + S 1]

Hello

 

  After talking to lawyers and getting there fees (wow) , we are going to do the paperwork ourselves. Our situation seems pretty simplistic.

My wife is a US citizen , has lived in Canada since 2yrs old, I am Canadian and we both live in Ottawa together for the last 8 years ( been together 10yrs) and got married May 2017 in US.

Seems the biggest hurdle is her proving domicile in US,  she is taking a year off work  (2019,  well planned as she will have her full pay, as the last 4 years she has done salary deferral to cover this). 

Looks like the only thing is for her to physically move to US without me.

 

Anyone other Canadians go through this situation, or have any helpful ideas?

 

Thanks

M+S

 

 

[Mr&Mrs G. 903]

Quote

Looks like the only thing is for her to physically move to US without me.

 

Anyone other Canadians go through this situation, or have any helpful ideas?

 

 

 

 

 

 

 

My understanding is you have to prove intent to domicile, not actually live in the US. 

 

My wife is the US citizen and has lived in Ireland for 14 years with me, married just about 10 years. As part of the plan to prove intent we took an extended trip to the US before Christmas (9 weeks). My wife registered to vote at her parents address, we opened bank accounts and lodged some cash, we also arranged a secured credit card. We also purchased a car and which left that in her parents driveway for when we move after my visa comes through. Now we have a nice paper trail with plenty of documentation.

 

We were in touch with the NVC and have been advised that she has done enough to prove intent to domicile. Maybe you don't need to go through a temporary marriage separation just to show domicile. 

 

Best of luck with the rest of the process.

Edited January 20, 2018 by Mr&Mrs G.

[M + S 1]

7 minutes ago, Mr&Mrs G. said:

 

 

 

 

 

 

My understanding is you have to prove intent to domicile, not actually live in the US. 

 

My wife is the US citizen and has lived in Ireland for 14 years with me, married just about 10 years. As part of the plan to prove intent we took an extended trip to the US before Christmas (9 weeks). My wife registered to vote at her parents address, we opened bank accounts and lodged some cash, we also arranged a secured credit card. We also purchased a car and which left that in her parents driveway for when we move after my visa comes through. Now we have a nice paper trail with plenty of documentation.

 

We were in touch with the NVC and have been advised that she has done enough to prove intent to domicile. Maybe you don't need to go through a temporary marriage separation just to show domicile. 

 

Best of luck with the rest of the process.

Thanks for the info, I did find a lot more info through the search function and just like you said "Intent" is key.

 

Thanks

Mike

Edited January 20, 2018 by M + S

[geowrian 22,335]

24 minutes ago, Mr&Mrs G. said:

My understanding is you have to prove intent to domicile, not actually live in the US. 

It's either/or. You can either have domicile in the US, or show sufficient intent to establish domicile in the US before the visa can be issued.

 

Quote

My wife is the US citizen and has lived in Ireland for 14 years with me, married just about 10 years. As part of the plan to prove intent we took an extended trip to the US before Christmas (9 weeks). My wife registered to vote at her parents address, we opened bank accounts and lodged some cash, we also arranged a secured credit card. We also purchased a car and which left that in her parents driveway for when we move after my visa comes through. Now we have a nice paper trail with plenty of documentation.

Thanks for sharing your case.

That said, I would note that Montreal is notoriously strict on intent to establish domicile. Another difference in this case is that the OP's wife only resided within the US for the first 2 years of her life (which is different than growing up there and then moving abroad).

The suggestions for some examples of evidence to show intent to establish domicile is great! There are other ways to further show this. Some examples are in the NVC wiki: http://www.visajourney.com/wiki/index.php/NVC_Process

 

Quote

We were in touch with the NVC and have been advised that she has done enough to prove intent to domicile.

NVC reviews the case, but the CO ultimately makes the decision on domicile.

Don't get me wrong...it sounds like you're fine. I'm just pointing out that NVC doesn't get to make that final call.

Edited January 20, 2018 by geowrian

[Ontarkie 13,917]

~~Moved to the Canada Forum, from IR1/CR1 P&P - Domicile in Canada is taken very serious please take a look at this thread~~

 

[Mr&Mrs G. 903]

9 minutes ago, geowrian said:

NVC reviews the case, but the CO ultimately makes the decision on domicile.

Don't get me wrong...it sounds like you're fine. I'm just pointing out that NVC doesn't get to make that final call.

Of course you are correct and you gave a more indept reply, mine was just from the experience we are having while going through the process. 

 

No two cases will ever be the same,  even simple things like phoning USCIS or NVC. I have read horror stories from some members while making phone calls to both the above, but my experiences with both have been extremely positive and I found all the staff helpful. 

 

Hopefully I won't find that one awkward individual when I get to the deciding officer.

[acidrain 325]

We're in a similar situation and due to how rough Montreal is on domicile we decided to move my spouse down ahead of me.

 

If you present the intent to establish domicile route it's a gamble whether the consular officer will approve the visa. If the US spouse moves ahead of time then it's much more likely to get approved. Of course nobody can say for certain but for us it was imperative our visa get approved so we did it the cookie cut way.

Edited January 20, 2018 by acidrain

[NikLR 13,220]

On 1/19/2018 at 5:24 PM, M + S said:

Hello

 

  After talking to lawyers and getting there fees (wow) , we are going to do the paperwork ourselves. Our situation seems pretty simplistic.

My wife is a US citizen , has lived in Canada since 2yrs old, I am Canadian and we both live in Ottawa together for the last 8 years ( been together 10yrs) and got married May 2017 in US.

Seems the biggest hurdle is her proving domicile in US,  she is taking a year off work  (2019,  well planned as she will have her full pay, as the last 4 years she has done salary deferral to cover this). 

Looks like the only thing is for her to physically move to US without me.

 

Anyone other Canadians go through this situation, or have any helpful ideas?

 

Thanks

M+S

 

 

Suggest she's living in the USA by the time the interview rolls around if you have assets or a joint sponsor.  

[M + S 1]

7 minutes ago, NikLR said:

Suggest she's living in the USA by the time the interview rolls around if you have assets or a joint sponsor.  

Thanks...Were thinking of buying a cheap place somewhere  in mid south , we do have a summer house near Alexandria Bay, NY but it is only a summer place (permanently fixed mobile home).  One lawyer said it may not qualify for domicile but we do pay school tax, sewer tax and town and country tax. 

 

Thanks

M+S

Edited January 21, 2018 by M + S

[NikLR 13,220]

seems like if she can provide evidence she can call it home I can't see why she can't move there, get a driver's license, etc.. 

[M + S 1]

6 minutes ago, NikLR said:

seems like if she can provide evidence she can call it home I can't see why she can't move there, get a driver's license, etc.. 

I dont know, I think the main issue is it is only a summer place not year round. Like I said we are looking a buying a cheap place somewhere (maybe Virginia Beach area) We did travel there a few years ago along with North Carolina and Savannah Georgia. The whole idea was to travel the US with my wifes year off and scout out places that she would like. But we have not started the paper work yet so the timeline will not work to our plans and she cant change her year off /

 

Thank and we will see.

 

M+S