Proving domicile when not living in the U.S.

[SJS8581 28]

@mizzem that’s amazing! So glad for you! Thank you😊

[mizzem 144]

16 minutes ago, SJS8581 said:

@mizzem that’s amazing! So glad for you! Thank you😊

@SJS8581 Your welcome! Good luck with your interview and keep us posted!

[KStene22 79]

DQ May 23

Interview: Feb 8th 10:00 am  APPROVED!

 

I posted some notes on my interview process on the Montreal DQ’d group, but I’ll specifically mention some domicile related things in this forum.  

 

This is the exact list of what we submitted as proof of domicile.

• Cover letter stating my husbands intent to reestablish his domicile and the docs they would find submitted to prove his intentions

• Emails containing communications with our realtor to begin the process of selling our Canadian residence;

• Two emails showing employment connections in the Billings, Montana area; (these were not offers of employment, but connections to companies that were interested in subcontracting work to my husband when he arrives in MT)

• Lease agreement for the family ranch in Montana;

• Pictures of the fully functioning shop on the same property as the lease agreement, from which my husband plans to work as a custom woodworker and cabinet maker;

• Bank statements from his personal account, which he has kept since 2009;

• PO Box Application, showing the transfer of the PO box to his name;

• Letter of Intent to Homeschool for our oldest child, prepared according to Montana state law;

• Prepared United States Passport Applications for our four children.

 

When asked why we are wanting to move now, after having been married for almost 11 years, I explained that after getting married I had 2 years left of my degree in Regina, then we stayed for financial reasons, then we started our family.  Our first 3 kids were born within 3.5 yrs and life felt chaotic - at this point she interjected and said, “I did the exact same thing!  I know exactly what you’re talking about.” and that was it.

 

When she went to view all of my domicile docs, she seemed surprised at the amount we had.  It may be because I had also submitted updated versions of several things.  

 

She only actually looked at the bank statement, PO box and lease agreement.  When we talked about the lease agreement I explained that it is family land which we would be the 4th generation to own, and that it includes a family home as well as the cabinetry shop that my late Father-in-law worked out of.  She seemed to immediately put the pieces together herself, remembering that my husband is also a cabinet maker, and I didn’t even have to tell her that my husband planned to work out of the shop.  She said, “This looks great.  I’m just going to put a note at the bottom here that you’ve met the requirements.”

 

She also asked if we had citizenship docs for our kids yet, such as Birth Abroad certificates or passports.  I explained that we have everything ready to submit, but that we hadn’t been able to make the trip yet due to COVID.  She was very nice and gave me info on how to get my kid’s paperwork expedited in Calgary (closest to us). 

 

I'm happy to answer any questions if something is not clear! 

 

 

 

[corrheag 2]

On 1/23/2021 at 9:39 PM, KStene22 said:

This is what we are going with:

Rent to own agreement for the next 16 months for the family ranch in Montana,

Pics of the fully functioning shop on said property from which my husband can work

(Working on written communication with local contractors offering work... lots of verbal approval but obviously we need something in writing)

bank statements

proof of po box

Letter of intent to homeschool our oldest

prepped passport applications for our kids

 

All we can do is try!  This is the best we can do for now without separating.  If they want more, my husband can move back and start working in a heartbeat.  

Hey! 

I sent you a PM! Please check! Would love to have a convo with you about it. 

[corrheag 2]

Hi everyone, 

Congrats to all of you that were already approved. 

 

I have posted quite a bit about this same scenario I'm in. So good to know that you are not alone. 

In some of the previous responses I received, I was told I would need to more than likely provide a join financial sponsor. For those of you that were approved, it did not seem like you had to do that. 

 

For the beneficiaries whose spouses lived with them in Canada, what did you put on the i864? My spouse was living in the US at the very beginning of the application, but came to Canada one month later, they have really only lived in Canada for a year so far. So, we had submitted their US income on the i864 at the time of the application. They are currently in Canada on a PR but have no desire to stay here upon approval of my LPR. It is actually more than likely that they will give up their Canadian PR (I put work permit in previous posts).

 

For those of you that were approved, did you find providing a lease to be best way you got approved? Even if you did not provide US income? 

 

Thanks so much! 

 

 

 

 

 

 

 

[gad33 47]

@KStene22 Thanks for coming back to relate your experience. And congrats on approval. I'm sure the CO was happy that you had come prepared but it sounded like that she was not going to try to make your life difficult.

[canadavisa22 197]

8 hours ago, corrheag said:

Hi everyone, 

Congrats to all of you that were already approved. 

 

I have posted quite a bit about this same scenario I'm in. So good to know that you are not alone. 

In some of the previous responses I received, I was told I would need to more than likely provide a join financial sponsor. For those of you that were approved, it did not seem like you had to do that. 

 

For the beneficiaries whose spouses lived with them in Canada, what did you put on the i864? My spouse was living in the US at the very beginning of the application, but came to Canada one month later, they have really only lived in Canada for a year so far. So, we had submitted their US income on the i864 at the time of the application. They are currently in Canada on a PR but have no desire to stay here upon approval of my LPR. It is actually more than likely that they will give up their Canadian PR (I put work permit in previous posts).

 

For those of you that were approved, did you find providing a lease to be best way you got approved? Even if you did not provide US income? 

 

Thanks so much! 

 

 

 

 

 

 

 

Is your husband working for a US company and will that job continue when you move back to the US?

 

If so, you won't need a joint sponsor. If not, then you will to do one of three things:

 

1) He moves back and gets a job and a lease and is your sponsor

 

2) He stays until you move together and you get a joint sponsor in the US

 

3) He stays until you move together and you qualify based on your combined financial assets

 

For what you need to do to be approved, the story above is all you need to read. Get a lease in the US and have your financial plan in place and you will be fine.

 

 

[corrheag 2]

9 hours ago, canadavisa22 said:

Is your husband working for a US company and will that job continue when you move back to the US?

 

If so, you won't need a joint sponsor. If not, then you will to do one of three things:

 

1) He moves back and gets a job and a lease and is your sponsor

 

2) He stays until you move together and you get a joint sponsor in the US

 

3) He stays until you move together and you qualify based on your combined financial assets

 

For what you need to do to be approved, the story above is all you need to read. Get a lease in the US and have your financial plan in place and you will be fine.

 

 

OK. I understand. Thanks. I just notice however, that the person who was approved in the previous post stated that she submitted emails communication looking for jobs when her husband gets to the US. Her husband did not have an actual job. She did not mention anything about submitting a financial sponsor. My spouse does work for a US organization but it does not meet the specific guidelines based on USCIS, they just work for a global company. 

[canadavisa22 197]

8 hours ago, corrheag said:

OK. I understand. Thanks. I just notice however, that the person who was approved in the previous post stated that she submitted emails communication looking for jobs when her husband gets to the US. Her husband did not have an actual job. She did not mention anything about submitting a financial sponsor. My spouse does work for a US organization but it does not meet the specific guidelines based on USCIS, they just work for a global company. 

You can add in any supporting information that you feel will help your application. But ultimately, people have been approved with no job and just a lease in the US, so you don't have to replicate exactly what they do. They just want to know that you have a place to live in the US and have the financial ability to not become a burden on society.

 

If your husband's job will continue when he moves back to the US, then show proof of that. Then you will have both a job and lease in place as proof of his intent to re-domicile.

[corrheag 2]

11 minutes ago, canadavisa22 said:

You can add in any supporting information that you feel will help your application. But ultimately, people have been approved with no job and just a lease in the US, so you don't have to replicate exactly what they do. They just want to know that you have a place to live in the US and have the financial ability to not become a burden on society.

 

If your husband's job will continue when he moves back to the US, then show proof of that. Then you will have both a job and lease in place as proof of his intent to re-domicile.

OK. Thanks. It does not hurt to have as much information as possible on hand, including a financial sponsor. 

 

Much appreciated. 

[KStene22 79]

On 2/10/2021 at 11:09 AM, corrheag said:

In some of the previous responses I received, I was told I would need to more than likely provide a join financial sponsor. For those of you that were approved, it did not seem like you had to do that. 

We did have a joint sponsor.  My husband's income is in CAD and will not continue after the move, so his income on the AOS was 0$.

[KStene22 79]

17 hours ago, corrheag said:

OK. I understand. Thanks. I just notice however, that the person who was approved in the previous post stated that she submitted emails communication looking for jobs when her husband gets to the US. Her husband did not have an actual job. She did not mention anything about submitting a financial sponsor. My spouse does work for a US organization but it does not meet the specific guidelines based on USCIS, they just work for a global company. 

I will just clarify, the emails we provided showed my husband was making business connections, not looking for a job offer.  He will be running his own business in the US, and had several companies eager to sub-contract work to him.  The interviewer was most interested in our plan once we move to the US.  I think they want to see a logical, realistic plan of where you will live, how you will make money, etc.  Our scenario made sense, but you are correct, my husband does not officially have a job yet in the US, as he will be an entrepreneur.  

[KStene22 79]

On 2/4/2021 at 11:12 PM, SJS8581 said:

@KStene22 good luck this week! Please do keep us posted.

 

My husband’s interview is March 26. I’m US citizen living in Alberta as a PR with him (Canadian citizen) since 2016. I’ve been applying to work back in MI without luck yet and don’t want to move back to MI before his interview with the more strict and expensive international flight covid rules now, plus we are trying to conceive...but like others I’m concerned the consulate won’t approve without me living back in MI by the time he goes for his interview.

 

I submitted a letter on my intent to re-establish domicile in US with my paperwork last summer,

-provided proof of MI registered voter, and voting record since 2016

-have kept my Michigan cell#
-submitted proof of my MI bank account, IRRA and US credit card statement 

-stated I would get my MI drivers license back on my next visit since I had to turn it in when I got my Alberta license. I now have my MI license.

I’ll have a formal lease signed with family we will be living with for my husband to present at his interview. If I don’t have a job offer by March 26 then would have emails to show my applications and their replies to show my continued job search. My husband’s Alberta Union pension, which could be liquified, and our savings were approved in the affidavit of support.

 

I’m nervous this will not be enough for proof of domicile. We have to sell our condo here so we won’t be leaving for a couple months after the interview. Can anyone offer advice? It would be much appreciated. I’ve read the whole thread and yes I’m still reaching out haha. Thank you!

Honestly I feel like this is the best you can do!  If you know you will have a lease agreement and if you are actively searching for jobs, there really isn't much else you can do to make your case more convincing aside from accepting a job offer (which is out of your hands).  The secondary evidence you've provided is also good to flesh out your efforts.  Just do what makes sense in your situation to prepare to move, and then show proof of doing those things.  

Best of luck!

[darth vader 131]

On 11/20/2019 at 9:57 AM, mikebike said:

Neither. My current source of income will continue once I move to the USA; I'll be commuting to my job in Canada. Therefore my income is used to meet the poverty guidelines.

At the NVC and interview, did they just take your word for it, or did they ask for a letter from the employer confirming this arrangement?

[mikebike 9]

On 2/27/2021 at 10:16 PM, darth vader said:

At the NVC and interview, did they just take your word for it, or did they ask for a letter from the employer confirming this arrangement?

They just took my word for it. However, I work in an industry where it's common to commute from out of country.