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Proving domicile when not living in the U.S.

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On 5/15/2018 at 2:18 PM, goon said:

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

Have you read any of this thread? 

 

Can be anywhere between 2-12 weeks or more. 

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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  • 2 weeks later...
On 1/20/2018 at 5:03 PM, 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.  

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

Do they want folks in STEM field to move to U.S. easily or give them a tougher time because of their STEM background?

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1 minute ago, darth vader said:

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

Do they want folks in STEM field to move to U.S. easily or give them a tougher time because of their STEM background?

They want to make sure they do the proper security checks. I'm not saying it's logical, or convenient. Or that I agree.  Just trying to tell you what they have been doing in the past so you don't delay the issuance of your visa.

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1 minute ago, Lemonslice said:

They want to make sure they do the proper security checks. I'm not saying it's logical, or convenient. Or that I agree.  Just trying to tell you what they have been doing in the past so you don't delay the issuance of your visa.

Thanks for answering. I wonder if folks who are asked for their CV historically experience longer wait times for visa issuance?

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3 hours ago, darth vader said:

Thanks for answering. I wonder if folks who are asked for their CV historically experience longer wait times for visa issuance?

Yes. 

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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54 minutes ago, NikLR said:

Yes. 

Wow. Any idea how long? I know you might not have an exact answer to this but I am more curious to know if it takes SIGNIFICANTLY longer (say 6 months - year) or several weeks (4 weeks for example). Thanks for answering though!

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23 minutes ago, darth vader said:

Wow. Any idea how long? I know you might not have an exact answer to this but I am more curious to know if it takes SIGNIFICANTLY longer (say 6 months - year) or several weeks (4 weeks for example). Thanks for answering though!

Couple weeks normally.  Certainly not a long time unless you actually are a security threat. 

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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  • 2 weeks later...
On 1/19/2018 at 10:21 AM, hitexuga said:

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.

Does one need to provide proof of domicile or intent to domicile at the NVC stage? I was under impression this is required at the interview.

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So, I just checked i-864 instructions and it's pretty clear that you need to send proof of domicile when not living in U.S. However, I have rarely seen folks get RFE from NVC about domicile. I only see cases where folks get 221g at the interview for the domicile.

My questions is: Is light evidence such as maintaining a bank account/credit card in U.S. and a U.S. drivers license enough evidence to satisfy NVC of the domicile requirement. And then once case is completed at NVC one can consider actually signing a lease in U.S. etc. to satisfy the C.O. at the interview. Am I wrong in the assumption and observation that NVC doesn't give U.S.C. living outside U.S. trouble regarding the domicile issue?

Edited by darth vader
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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

At NVC stage you have to submit evidence to show that the USC will reestablish domicile. The website lists the sort of things they are looking for.

 

I have read, I'm sure in this thread but no guarantees, of someone being asked at NVC stage for this proof but that was because they had provided very little to nothing with the application.

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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17 hours ago, darth vader said:

So, I just checked i-864 instructions and it's pretty clear that you need to send proof of domicile when not living in U.S. However, I have rarely seen folks get RFE from NVC about domicile. I only see cases where folks get 221g at the interview for the domicile.

My questions is: Is light evidence such as maintaining a bank account/credit card in U.S. and a U.S. drivers license enough evidence to satisfy NVC of the domicile requirement. And then once case is completed at NVC one can consider actually signing a lease in U.S. etc. to satisfy the C.O. at the interview. Am I wrong in the assumption and observation that NVC doesn't give U.S.C. living outside U.S. trouble regarding the domicile issue?

@NikLR Would you mind sharing your thoughts?

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58 minutes ago, darth vader said:

@NikLR Would you mind sharing your thoughts?

NVC doesn't care.  They dont approve anything. They check paperwork to completeness for the CO.  Essentially they're an intake facility. The CO in Montreal will care if your wife is not living in the USA.  They are the hardest consulate on this issue. Your description of her domicile will not pass and a 221g for domicile at Montreal can easily eat up 2-6 months.  

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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That said, since you submit the I-864 to the NVC it's best to be ready at that point in time.  

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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15 minutes ago, NikLR said:

NVC doesn't care.  They dont approve anything. They check paperwork to completeness for the CO.  Essentially they're an intake facility. The CO in Montreal will care if your wife is not living in the USA.  They are the hardest consulate on this issue. Your description of her domicile will not pass and a 221g for domicile at Montreal can easily eat up 2-6 months.  

To be precise, I think we can get the following:


- U.S. drivers license
- U.S. bank account that has been active for past several years, with my U.S.C. spouse's U.S.C. mother as a joint-account-holder
- U.S. credit card that has been active for past several years
- Rental agreement with in-laws saying they have an arrangement with us to stay in a room in their house as long as we require

- A letter explaining intent to move back to U.S. with the beneficiary once the visa is approved
- Proof of job applications in the U.S.
- Car insurance (my wife can be added to her mother's car insurance)
 

15 minutes ago, NikLR said:

They are the hardest consulate on this issue. Your description of her domicile will not pass and a 221g for domicile at Montreal can easily eat up 2-6 months.  

Really? I have seen most folks here get through domicile 221g in less than 2 months. But, I guess that depends on how soon one can take steps to establish domicile. This begs another question, in an event of 221g due to domicile does the C.O. want to see the U.S.C. start a job in the U.S. before they can approve? OR resigning from Canadian job, moving to the U.S. and proof of actively looking for job is enough?

Edited by darth vader
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