Proving domicile when not living in the U.S.

[gad33 47]

17 hours ago, Boiler said:

My recollection is that NVC do not address Domicile, that is something for the Consulate.

You have to show to NVC that the petitioner intends to reestablish domicile on or before the person being petitioned moves to the US. The problem has been that what has been provided is then not deemed enough by Montreal.

 

I recall, i expect in this thread, where applicants have been asked to provide info by NVC because they have not provided any proof.

[gad33 47]

18 hours ago, santoki said:

For those of us that won't physically move to the US until closer to the interview date, does Montreal have a history of asking for specific domicile documents (that wouldn't have been provided at NVC) at the interview?

The plan for us would be for me to move back 2-3 weeks before the interview, but hoping that's the longest we have to go apart.

Montreal will ask for more, depending on what was submitted at NVC stage. NVC does not require as much proof as at the interview. At the interview Montreal prefers accommodation or employment. I strongly suggest bringing that proof with you even if it has been previously provided. Also at the interview the interviewee will be asked if the petitioner where the petitioner is living. If you move before the interview then provide some sort of proof.

[santoki 2]

6 minutes ago, gad33 said:

Montreal will ask for more, depending on what was submitted at NVC stage. NVC does not require as much proof as at the interview. At the interview Montreal prefers accommodation or employment. I strongly suggest bringing that proof with you even if it has been previously provided. Also at the interview the interviewee will be asked if the petitioner where the petitioner is living. If you move before the interview then provide some sort of proof.

We'd be living with my parents. Is it necessary to have a formal lease in place or does an affidavit letter suffice? My parents are obviously not going to be charging us rent.

Other items I plan to do in the 2-3 weeks when I return would be to get my state driver's license, apply for medicaid, get a phone plan, inquire about school/daycare registration for our child and supply proof that I'm looking for employment. Along with a copy of my one-way plane ticket, I feel like that should be sufficient proof for domicile (beyond the other obvious items we'd send at the NVC stage).

 

That all seems doable in 2-3 weeks to me. Has anyone done it in that timeframe?

 

[NikLR 13,220]

On 2/19/2019 at 8:13 AM, santoki said:

We'd be living with my parents. Is it necessary to have a formal lease in place or does an affidavit letter suffice? My parents are obviously not going to be charging us rent.

Other items I plan to do in the 2-3 weeks when I return would be to get my state driver's license, apply for medicaid, get a phone plan, inquire about school/daycare registration for our child and supply proof that I'm looking for employment. Along with a copy of my one-way plane ticket, I feel like that should be sufficient proof for domicile (beyond the other obvious items we'd send at the NVC stage).

 

That all seems doable in 2-3 weeks to me. Has anyone done it in that timeframe?

 

Yes formal lease.  Figure out how long it takes to get your driver's license back in your state.  They're no longer instant unless its not a real ID state.  

Voter registration

Lease

Register children in school/day care

Employment 

 

Lease/mortgage and employment letter are the two big ones they ask for

Note i said employment not looking for employment

[santoki 2]

1 hour ago, NikLR said:

Yes formal lease.  Figure out how long it takes to get your driver's license back in your state.  They're no longer instant unless its not a real ID state.  

Voter registration

Lease

Register children in school/day care

Employment 

 

Lease/mortgage and employment letter are the two big ones they ask for

Note i said employment not looking for employment

Can you have a formal lease that doesn't charge rent? 

 

On the employment bit, I suppose I could find literally any job to work at at first. Does Montreal have a history of denying all visas unless the petitioner has actually found work? 

[NikLR 13,220]

3 hours ago, santoki said:

Can you have a formal lease that doesn't charge rent? 

 

On the employment bit, I suppose I could find literally any job to work at at first. Does Montreal have a history of denying all visas unless the petitioner has actually found work? 

Yes and yes.  It wont be denial its a 221g

Edited February 26, 2019 by NikLR

[santoki 2]

38 minutes ago, NikLR said:

Yes and yes.  It wont be denial its a 221g

I'm very surprised to hear that. So no job = no visa in every single case regardless if you have no joint sponsor and have sufficient liquid assets well above the guideline?

[NikLR 13,220]

48 minutes ago, santoki said:

I'm very surprised to hear that. So no job = no visa in every single case regardless if you have no joint sponsor and have sufficient liquid assets well above the guideline?

No i didnt say that. I said yes they have denied visas with a 221g for more domicile specifically asking for proof of employment.  I didnt mean All visas.  Have you read this thread before in it?

[santoki 2]

56 minutes ago, NikLR said:

No i didnt say that. I said yes they have denied visas with a 221g for more domicile specifically asking for proof of employment.  I didnt mean All visas.  Have you read this thread before in it?

Yes, I've read most of it up and down and have been active in it for the last couple of months which is why I was surprised. I had said "does montreal have a history of denying ALL visas without employment proof" and you had say yes to that so that's why I was surprised to hear that. I'll have another read back though and try to find specific cases. Thanks.

[gad33 47]

Montreal's favourite is having a job. But no job does not mean no visa. Mostly they will take accommodation or a job. And yes you can have a formal lease without zero rent payments.

[darth vader 131]

On 2/19/2019 at 9:49 AM, gad33 said:

You have to show to NVC that the petitioner intends to reestablish domicile on or before the person being petitioned moves to the US. The problem has been that what has been provided is then not deemed enough by Montreal.

 

I recall, i expect in this thread, where applicants have been asked to provide info by NVC because they have not provided any proof.

So if not sufficient evidence is provided during the NVC stage for domicile or intent to reestablish domicile, can they deny the petition? What I am asking basically is, does NVC even have the authority to deny a petition?

[gad33 47]

On 9/5/2019 at 12:02 PM, darth vader said:

So if not sufficient evidence is provided during the NVC stage for domicile or intent to reestablish domicile, can they deny the petition? What I am asking basically is, does NVC even have the authority to deny a petition?

NVC checks that all the paperwork is in order and that fees are paid. Therefore they require some evidence that the petitioner intends to reestablish domicile.

[NikLR 13,220]

On 9/5/2019 at 1:02 PM, darth vader said:

So if not sufficient evidence is provided during the NVC stage for domicile or intent to reestablish domicile, can they deny the petition? What I am asking basically is, does NVC even have the authority to deny a petition?

No. But they can delay sending the information to the consulate until you provide enough.  Their bar is so low that if you think the NVC will give you a checklist, you definitely will end up in AP after the interview. 

[darth vader 131]

On 9/12/2019 at 6:33 AM, NikLR said:

No. But they can delay sending the information to the consulate until you provide enough.  Their bar is so low that if you think the NVC will give you a checklist, you definitely will end up in AP after the interview. 

My U.S.C. spouse is a Canadian PR and we don't have them to lose Canadian residency days by having to move ahead of us. We plan to have the following at the time of the interview:

 

1. Signed apartment lease for an year in the U.S.

2. Very strong chance of securing a U.S. job offer.

 

My questions:

1. Is 1 sufficient?

2. If not, is there any chance they may ask my spouse to move ahead of me even if we have have both 1 & 2? If so, how long do they give the folks to move back and provide the proof?

 

Thanks!

[aaron2020 11,651]

4 minutes ago, darth vader said:

My U.S.C. spouse is a Canadian PR and we don't have them to lose Canadian residency days by having to move ahead of us. We plan to have the following at the time of the interview:

 

1. Signed apartment lease for an year in the U.S.

2. Very strong chance of securing a U.S. job offer.

 

My questions:

1. Is 1 sufficient?

2. If not, is there any chance they may ask my spouse to move ahead of me even if we have have both 1 & 2? If so, how long do they give the folks to move back and provide the proof?

 

Thanks!

1.  No.  Not for Canada.

2.  Yes, they can require your spouse to have an actual US domicile before approving your immigration visa.