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Proving domicile when not living in the U.S.

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Filed: IR-1/CR-1 Visa Country: Canada
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After reading this whole thread, the most perplexing thing is how do pwople get job offer letters or for that matter a job in the US without actually going there?

 

My wife is an American citizen and we've lived in Canada since she moved here 4 years ago. She is going back with me, buf it seems that for all practical purposes, she needs to not only apply but also get hired for a future date that is not even certain (you cant know when exactly you will be there in the US). What employer would hire someone over the phone, and will be willing to give a job contract for a job that she will start in a month or so? We are moving to a small town in Wisconsin.

 

I dont get it. Could someone please explain?

 

Thank you.

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Filed: O-2 Visa Country: Canada
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3 minutes ago, Sonata Arctica said:

After reading this whole thread, the most perplexing thing is how do pwople get job offer letters or for that matter a job in the US without actually going there?

 

My wife is an American citizen and we've lived in Canada since she moved here 4 years ago. She is going back with me, buf it seems that for all practical purposes, she needs to not only apply but also get hired for a future date that is not even certain (you cant know when exactly you will be there in the US). What employer would hire someone over the phone, and will be willing to give a job contract for a job that she will start in a month or so? We are moving to a small town in Wisconsin.

 

I dont get it. Could someone please explain?

 

Thank you.

 

I was struggling with that too. In my case it worked out great once we had a rental agreement along with supporting documents that we were moving (uhaul rental, etc...) there’s always a risk you have to pay rent in the us for a while you still live in Canada but it’s much easier than getting a job.

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Filed: K-1 Visa Country: Wales
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You have a skill set in great demand with little in the way of supply.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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8 hours ago, Sonata Arctica said:

After reading this whole thread, the most perplexing thing is how do pwople get job offer letters or for that matter a job in the US without actually going there?

 

My wife is an American citizen and we've lived in Canada since she moved here 4 years ago. She is going back with me, buf it seems that for all practical purposes, she needs to not only apply but also get hired for a future date that is not even certain (you cant know when exactly you will be there in the US). What employer would hire someone over the phone, and will be willing to give a job contract for a job that she will start in a month or so? We are moving to a small town in Wisconsin.

 

I dont get it. Could someone please explain?

 

Thank you.

Well you cant if you arent in the type of career that would so that.  So for most that means the USC spouse moving to the USA and getting a job to pay for their living expenses while you live separate.  Or moving in with family. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: IR-1/CR-1 Visa Country: Canada
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10 hours ago, Sonata Arctica said:

After reading this whole thread, the most perplexing thing is how do pwople get job offer letters or for that matter a job in the US without actually going there?

 

My wife is an American citizen and we've lived in Canada since she moved here 4 years ago. She is going back with me, buf it seems that for all practical purposes, she needs to not only apply but also get hired for a future date that is not even certain (you cant know when exactly you will be there in the US). What employer would hire someone over the phone, and will be willing to give a job contract for a job that she will start in a month or so? We are moving to a small town in Wisconsin.

 

I dont get it. Could someone please explain?

 

Thank you.

A job offer is not the only evidence that an officer will accept, although it is their favourite.  A rental agreement is also acceptable. Many have had family members draw up such an agreement. Also to cut on costs as soon as their is an interview date, the USC scoots down to the US and rents an apartment.

 

The other thing to consider is that if your wife does not have a job in the US you will need savings or a joint sponsor to cover the income requirements.

1 Dec 2011 Mailed I-130
8 Dec 2011 NOA 1
20 Dec 2011 NOA 2

NVC

17 Jan 2012 Phoned NVC. Case Number allocated
18 Jan 2012 Emails received re AOS fee and Agent
20 Jan 2012 Electronic opt in email sent & response received
20 Jan 2012 AOS fee paid
20 Jan 2012 Form DS-261 Choice of agent filed
27 Jan 2012 Email received re choice of agent received. Can now pay IV bill
29 Jan 2012 IV bill paid
31 Jan 2012 Received written notification case at NVC (dated 18 Jan)
8 Feb 2012 Emailed AOS
9 Feb 2012 DS-260 submitted online & docs emailed
14 Feb 2012 Case Complete
5 Mar 2012 received email - interview date 10 April
10 Apr 2012 Visa Approved
10 Apr 2012 Email from Loomis - passport picked up from Consulate

June 2012 Moved back to US

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Country: Canada
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10 hours ago, Sonata Arctica said:

After reading this whole thread, the most perplexing thing is how do pwople get job offer letters or for that matter a job in the US without actually going there?

 

My wife is an American citizen and we've lived in Canada since she moved here 4 years ago. She is going back with me, buf it seems that for all practical purposes, she needs to not only apply but also get hired for a future date that is not even certain (you cant know when exactly you will be there in the US). What employer would hire someone over the phone, and will be willing to give a job contract for a job that she will start in a month or so? We are moving to a small town in Wisconsin.

 

I dont get it. Could someone please explain?

 

Thank you.

It is frustrating indeed :( my wife (the USC) is a cook so definitely in her industry it would have been really hard to do. However, we were approved without a job offer. Instead we brought to the interview:

-a lease agreement that we drafted with her parents for a room in their home (used a lease building website to create the lease)*

-emails showing she had applied for jobs

-proof that she registered for 2 classes at a community college

-letter from both of our employers stating that we told them we were moving to the US soon (we waited until very close to the interview to do this so we felt safer)

-my wife’s US voting card*

-Wife’s US bank statement showing we transferred some money to the US (around $1000CAD)*

 

During the interview, I only saw the lady look at the lease and the college registration, so not even sure if the other things helped or not.

 

Also, we didn’t submit all of this proof at the NVC stage: only the items starred above, emails showing she was trying to register for college and a letter stating we could provide additional proof during the interview.

 

Do you have *any* proof you could provide so far?

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Filed: IR-1/CR-1 Visa Country: Canada
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8 minutes ago, hitexuga said:

It is frustrating indeed :( my wife (the USC) is a cook so definitely in her industry it would have been really hard to do. However, we were approved without a job offer. Instead we brought to the interview:

-a lease agreement that we drafted with her parents for a room in their home (used a lease building website to create the lease)*

-emails showing she had applied for jobs

-proof that she registered for 2 classes at a community college

-letter from both of our employers stating that we told them we were moving to the US soon (we waited until very close to the interview to do this so we felt safer)

-my wife’s US voting card*

-Wife’s US bank statement showing we transferred some money to the US (around $1000CAD)*

 

During the interview, I only saw the lady look at the lease and the college registration, so not even sure if the other things helped or not.

 

Also, we didn’t submit all of this proof at the NVC stage: only the items starred above, emails showing she was trying to register for college and a letter stating we could provide additional proof during the interview.

 

Do you have *any* proof you could provide so far?

What we have, or can get, is the following:

 

- A joint bank account in the US with money regularly transferred into it - already have it

- A lease from her parents for renting the second house on their property - no issues

- Letters of resignation for both of us, when the time comes - no issues

- Employer letters confirming that we have resigned (will have to convince them to give one)

- End of lease letter (of our current rental place in Calgary) - no issues

- U-Haul estimate for moving items (when the time comes) - no issues

 

The following is only possible IF and WHEN she moves there:

- WI Driver's License

 

She is in the hotel housekeeping industry and it is unlikely she will find a job in a hotel in a small rural town where we are going to live. Sitting here in Canada, she could apply for jobs till cows come home, but if she cannot get one because she is in Canada, is it moot?

 

From what I have read, Wisconsin does not have a Voter Registration Card. You can register online and that is about it. There is no paper document showing that. Besides, in Wisconsin, people can vote based on their driver's licenses too, as far as I know. We are both highly educated with grad/post grad degrees, but neither of us want to pursue our areas of study, nor have we worked in those fields ever. She has an honors degree in Fine Arts, and I have a BS in Physics, BS in Math, and an MBA. Neither of us need to go back to school.

 

While for some it is the ratio of skill set to supply, for most others, it is not about that, but more about logistics and getting jobs without leaving Canada, which seems to be quite a challenge. I see people so casually mentioning a job letter on this forum (no disrespect intended). As an employer, at least from professional standards, I would NOT hire someone without first making that person go through a hiring process, which includes a face-to-face interview, and won't let the prospective employee dictate when she/he can start work. If the timeline of an interview is such that one cannot move around a month after the interview, how in the world can she expect to have a job letter stating that she is hired AND that she is allowed to start a month (or even more than that) later? That is what I do not understand.

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Filed: O-2 Visa Country: Canada
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The list of proof you have seems pretty good and quite similar to what I had so I don’t think you’ll have any problems.

 

Dont worry too about it. In my case I went to the interview with a lot less than what you have and they just asked me to mail more proofs. I did and then I was accepted. so it’s not the end of the world if they don’t accept you right away. And if they want something more they will be specific about what you need to provide.

 

But with what you have I think you’ll be ok ;)

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On 19/01/2018 at 10:49 AM, Sonata Arctica said:

What we have, or can get, is the following:

 

- A joint bank account in the US with money regularly transferred into it - already have it

- A lease from her parents for renting the second house on their property - no issues

- Letters of resignation for both of us, when the time comes - no issues

- Employer letters confirming that we have resigned (will have to convince them to give one)

- End of lease letter (of our current rental place in Calgary) - no issues

- U-Haul estimate for moving items (when the time comes) - no issues

 

The following is only possible IF and WHEN she moves there:

- WI Driver's License

 

She is in the hotel housekeeping industry and it is unlikely she will find a job in a hotel in a small rural town where we are going to live. Sitting here in Canada, she could apply for jobs till cows come home, but if she cannot get one because she is in Canada, is it moot?

 

From what I have read, Wisconsin does not have a Voter Registration Card. You can register online and that is about it. There is no paper document showing that. Besides, in Wisconsin, people can vote based on their driver's licenses too, as far as I know. We are both highly educated with grad/post grad degrees, but neither of us want to pursue our areas of study, nor have we worked in those fields ever. She has an honors degree in Fine Arts, and I have a BS in Physics, BS in Math, and an MBA. Neither of us need to go back to school.

 

While for some it is the ratio of skill set to supply, for most others, it is not about that, but more about logistics and getting jobs without leaving Canada, which seems to be quite a challenge. I see people so casually mentioning a job letter on this forum (no disrespect intended). As an employer, at least from professional standards, I would NOT hire someone without first making that person go through a hiring process, which includes a face-to-face interview, and won't let the prospective employee dictate when she/he can start work. If the timeline of an interview is such that one cannot move around a month after the interview, how in the world can she expect to have a job letter stating that she is hired AND that she is allowed to start a month (or even more than that) later? That is what I do not understand.

What makes you think these people didn't go through the hiring process? Teaching positions, academia, plenty of fields where you can get hired months in advance.  On the other side, it's true that many other sectors will not offer jobs to candidates who are not available to start, or even local at the time of the interview.  My last two jobs, there was about 6-8 weeks between interview and start date to allow for background check and resignation.

 

With your background in maths and physics, please plan to bring your CV to the consulate, sometimes they ask about it.  

Edited by Lemonslice
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Filed: IR-1/CR-1 Visa Country: Canada
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16 minutes ago, Lemonslice said:

What makes you think these people didn't go through the hiring process? Teaching positions, academia, plenty of fields where you can get hired months in advance.  On the other side, it's true that many other sectors will not offer jobs to candidates who are not available to start, or even local at the time of the interview.  My last two jobs, there was about 6-8 weeks between interview and start date to allow for background check and resignation.

 

With your background in maths and physics, please plan to bring your CV to the consulate, sometimes they ask about it.  

Oh I am fully aware of what you have shared. There are positions I agree, for example, govt. jobs and the Academia (where they cannot, and would rather not,  exercise expediency over careful selection), where the hiring process itself could be weeks or months long. And yes, one could be hired months in advance. However, as you have also stated, many other sectors (I would say most) would not hire someone at a distance, especially without a face-to-face interview while also ensuring that the person would be available to start as soon as possible. The point I am trying to make is that with such a wide variance between the two extremes, I have gotten the sense that people are saying that Montreal seems to want a job contract in most cases, which seems a bit excessive. I am not saying that it is a fact, but that reading through all 43 pages of the thread, having a job already seems to be overwhelmingly "THE" thing that people have said tips the balance one way or the other for someone trying to re-establish domicile in the US. I just hope that I am wrong, and in this case, I would LOVE to be wrong :).

 

My wife can easily get a job with her previous employer, IF they are hiring, but for that, it would mean that she has to travel there, go through the hiring process, a multitude of interviews, etc.. She cannot travel back & forth for this. And if she has to go there anyway, she might as well just stay there.

 

BTW, once the NOA2 is issued, how much time is there between it and the interview itself? And what steps other than sending the docs to NVC do you have to take? Can you have your medical done right away or have to wait for it to be done within a certain number of days before the interview? I am asking because I will have to go to Surrey, BC from Calgary for the medicals and then go to Montreal from Calgary for the interview. We cannot afford to stay in Montreal for the medicals and the interview - could be quite a few days, from what I have read.

 

I do intend to bring my CV with me, along with my degrees, just in case they ask for it.

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  • 2 months later...
Filed: IR-1/CR-1 Visa Country: Poland
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On 2018-01-19 at 5:06 AM, Sonata Arctica said:

After reading this whole thread, the most perplexing thing is how do pwople get job offer letters or for that matter a job in the US without actually going there?

 

My wife is an American citizen and we've lived in Canada since she moved here 4 years ago. She is going back with me, buf it seems that for all practical purposes, she needs to not only apply but also get hired for a future date that is not even certain (you cant know when exactly you will be there in the US). What employer would hire someone over the phone, and will be willing to give a job contract for a job that she will start in a month or so? We are moving to a small town in Wisconsin.

 

I dont get it. Could someone please explain?

 

Thank you.

We are in a very similar situation. I’m a US citizen filing for my Canadian husband. I’ve lived with him in Canada since late 2010. However I grew up in the US. I went to grade school and university there. So I have transcripts and lots of w4 and taxes returns. I’m wondering if that would be enough. I’ve maintained a US bank account there and I’ve previously file for certificates of birth abroad. 

 

I think the job offer is just one example of evidence. Does she have anything else?

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Filed: K-1 Visa Country: Wales
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31 minutes ago, Sweetamooni said:

We are in a very similar situation. I’m a US citizen filing for my Canadian husband. I’ve lived with him in Canada since late 2010. However I grew up in the US. I went to grade school and university there. So I have transcripts and lots of w4 and taxes returns. I’m wondering if that would be enough. I’ve maintained a US bank account there and I’ve previously file for certificates of birth abroad. 

 

I think the job offer is just one example of evidence. Does she have anything else?

Where does Poland come into this, but as I am sure you will see Canada is particularly hot on showing current US Domicile.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: IR-1/CR-1 Visa Country: Poland
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3 hours ago, Boiler said:

Where does Poland come into this, but as I am sure you will see Canada is particularly hot on showing current US Domicile.

 

We are temporary residents of Poland while my husband completes some schooling here. We applied to process through Polish consulate but I’m still not sure if we will get bounced back to Canada because he has a Canadian passport. I’ve recently started to doubt the set up. 

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Filed: K-1 Visa Country: Wales
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3 minutes ago, Sweetamooni said:

 

We are temporary residents of Poland while my husband completes some schooling here. We applied to process through Polish consulate but I’m still not sure if we will get bounced back to Canada because he has a Canadian passport. I’ve recently started to doubt the set up. 

Got yah

'

So nothing to do with the Canadian Consulate.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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  • 1 month later...
Filed: IR-1/CR-1 Visa Country: Canada
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Hello... we had the interview and was asked to provide more proof to show US domicile... Can someone kindly advise how long is the wait after we've submitted more documents to prove US domicile?  Thanks in advance

Edited by goon
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