Proving domicile when not living in the U.S.

[Michelle_VM 84]

43 minutes ago, Ontarkie said:

As you will be living with you husband (Canadian) you can maintain your Canadian PR status while living in the US. I have not heard of this changing. I don't remember for how long but Canada does count this as maintaining your CPR. 

 

Now this is just my guess but I bet this is why Montreal is so hard with proving US domicile. Not many other countries allow their PR's to keep their PR status when they leave. 

Wow, very interesting!! Thank you for the information 👍😊

[mandarines 0]

On 12/20/2019 at 2:00 PM, gad33 said:

I'm not sure why you say your's will be a test case, there have been many, many people on this thread who have stayed together and not moved until visa has been issued. This thread is to help applicants ensure they have all the documentation to , hopefully, have the visa issued at time of interview.

I don't see these thread, can you explain me? We were told that my husband (US citizen) will have to go back in US to find a job and establish domicile, for the domicile this is not a problem at all but for the job I'm not sure and you said 

Quote

many people on this thread who have stayed together and not moved until visa has been issued.

Are you saying that my husband doesn't have to move in US to find a job before the interview? This is not clear to me.

[Just Paul 4,591]

13 minutes ago, mandarines said:

I don't see these thread, can you explain me? We were told that my husband (US citizen) will have to go back in US to find a job and establish domicile, for the domicile this is not a problem at all but for the job I'm not sure and you said 

Are you saying that my husband doesn't have to move in US to find a job before the interview? This is not clear to me.

Generally he can either:

1) Show that he has re-established domicile or

2) Show plans or re-establishing.

 

For Montreal it is best to do option 1

[Arhb1234 3]

Hi! Please help. 
I am currently waiting for “case complete status”. I’m Canadian living in Canada and my husband is American living in Michigan.  
were expecting the interview to be in summer. Am I allowed to visit the states with my Canadian passport? Even if I have an open application ? Has anyone done this???? 

[Just Paul 4,591]

9 minutes ago, Arhb1234 said:

Hi! Please help. 
I am currently waiting for “case complete status”. I’m Canadian living in Canada and my husband is American living in Michigan.  
were expecting the interview to be in summer. Am I allowed to visit the states with my Canadian passport? Even if I have an open application ? Has anyone done this???? 

Not really a domicile question . . . and a duplicate

 

[canadavisa22 197]

1 hour ago, mandarines said:

I don't see these thread, can you explain me? We were told that my husband (US citizen) will have to go back in US to find a job and establish domicile, for the domicile this is not a problem at all but for the job I'm not sure and you said 

Are you saying that my husband doesn't have to move in US to find a job before the interview? This is not clear to me.

Read the last three pages of this thread and it will be clear.

[mandarines 0]

7 hours ago, Paul & Mary said:

Generally he can either:

1) Show that he has re-established domicile or

2) Show plans or re-establishing.

 

For Montreal it is best to do option 1

 

6 hours ago, canadavisa22 said:

Read the last three pages of this thread and it will be clear.

 

 

Like I said, establish domicile is not a problem for us, my husband has a house, bank account and credit card in US. My question is about the affidavit of support. Does he really need to leave Canada to find a job or not? I'm reading different things on the forum and it is not clear at all. 

Also, can I send my IV before he send the AOS? Or it need to be together?

 

@canadavisa22 Reading the last 3 pages is still not clear because I'm not talking about establish domicile but AOS. Again you said 

Quote

many people on this thread who have stayed together and not moved until visa has been issued.

So you are saying here that my husband doesn't have to leave Canada to find a job in US? How would he prove the AOS for the interview if he stay here?

[Lemonslice 4,561]

18 minutes ago, mandarines said:

 

 

 

Like I said, establish domicile is not a problem for us, my husband has a house, bank account and credit card in US. My question is about the affidavit of support. Does he really need to leave Canada to find a job or not? I'm reading different things on the forum and it is not clear at all. 

Also, can I send my IV before he send the AOS? Or it need to be together?

 

@canadavisa22 Reading the last 3 pages is still not clear because I'm not talking about establish domicile but AOS. Again you said 

So you are saying here that my husband doesn't have to leave Canada to find a job in US? How would he prove the AOS for the interview if he stay here?

Do you have another sponsor?

Is your husband going to keep his job once he moves back to the USA?

[mandarines 0]

6 minutes ago, Lemonslice said:

Do you have another sponsor?

Is your husband going to keep his job once he moves back to the USA?

We could have a sponsor without a problem but we had heard Montreal doesn't allow it, we have a friend that makes plenty of money in US.

He's working in Canada and his job can't move with him.

[canadavisa22 197]

5 minutes ago, mandarines said:

We could have a sponsor without a problem but we had heard Montreal doesn't allow it, we have a friend that makes plenty of money in US.

He's working in Canada and his job can't move with him.

You've heard wrong. Anyone, whether already in the US or not, can have a joint sponsor.

 

Everything you need in regards to completing the NVC stage can be found here - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

 

Use this to complete the steps and use the general IR-1/CR-1 for specific questions. You don't need to complete all the forms at the same time but your case will not be put in queue until you have submitted all your forms. So you can go ahead and pay the IV and complete the DS-260 and then afterwards complete the AOS once you have your joint sponsor in place.

 

This thread is specifically for domicile, so we'll keep this thread specifically for that. If you have AOS questions I'd recommend asking on the other forum as you'll get more replies than here.

Edited March 9, 2020 by canadavisa22

[Lemonslice 4,561]

8 minutes ago, mandarines said:

We could have a sponsor without a problem but we had heard Montreal doesn't allow it, we have a friend that makes plenty of money in US.

He's working in Canada and his job can't move with him

Ok. Read the instructions for the i864, you have to put current income, your husband's income will stop as soon as he moves, so if you prefer to not use an additional sponsor, he would have to be working in the US by the time you interview (assets can also be used, as explained also in the instructions).

Edited March 9, 2020 by Lemonslice

[Thomas1988 2]

Hi everyone, hoping someone can guide us or give us some thread link or smth, fiancee(usc, Seattle) and I(PR in Canada, Vancouver) are getting married in May (in Washington State). She's a nurse, currently picking up a few shifts every once in a while in WA, and just got a job to work remotely for an NGO in Atlanta, (very mobile/flexible schedule), I work full time for a Canadian bank (not mobile/not flexible sched), we are planning on applying for the CR-1 once she changes her name on all her documents and spouses are added to insurance plans etc. I understand that having joint tenancy agreement is evidence of our bonafide marriage, I also gather she should maintain US domicile for CR-1 purposes, here's my question:

1 - Working mostly remotely, can she keep her parent's house mailing address as US domicile, while at the same time sharing a tenancy agreement with me for an apartment in Canada as evidence of bonafide marriage? 

2 - If so, should we apply for her Canadian residency(takes 8 to 12 months), or should she keep crossing as a visitor(max 6 months per calendar year) while we wait for my US residency? 

We would like to live together as much as we can, but understand that this may or may not be possible if we want our application to go smoothly.

(if there is some sort of Canada CR-1 group anywhere, that'd be amazing, I'm having trouble reading/finding stuff on VJ)

Thank you!

[Boiler 43,510]

Bonafide marriage evidence is not much of an issue for those going through Canada, however US domicile is.

[mellybear 2]

43 minutes ago, Thomas1988 said:

Hi everyone, hoping someone can guide us or give us some thread link or smth, fiancee(usc, Seattle) and I(PR in Canada, Vancouver) are getting married in May (in Washington State). She's a nurse, currently picking up a few shifts every once in a while in WA, and just got a job to work remotely for an NGO in Atlanta, (very mobile/flexible schedule), I work full time for a Canadian bank (not mobile/not flexible sched), we are planning on applying for the CR-1 once she changes her name on all her documents and spouses are added to insurance plans etc. I understand that having joint tenancy agreement is evidence of our bonafide marriage, I also gather she should maintain US domicile for CR-1 purposes, here's my question:

1 - Working mostly remotely, can she keep her parent's house mailing address as US domicile, while at the same time sharing a tenancy agreement with me for an apartment in Canada as evidence of bonafide marriage? 

2 - If so, should we apply for her Canadian residency(takes 8 to 12 months), or should she keep crossing as a visitor(max 6 months per calendar year) while we wait for my US residency? 

We would like to live together as much as we can, but understand that this may or may not be possible if we want our application to go smoothly.

(if there is some sort of Canada CR-1 group anywhere, that'd be amazing, I'm having trouble reading/finding stuff on VJ)

Thank you!

I know that you mentioned that you work full-time for a Canadian bank and don't have the option of working remotely....but since you're planning on ultimately immigrating to the US AND you aren't married yet, have you considered applying for a K-1 non-immigrant/fiance(e) visa along with Form I-765, Application for Employment Authorization as an option instead of applying for the CR-1?  If you're granted a K-1 visa, once you're married you are then able to apply for a Green Card  using form I-485 (along with another Form I-765 so you'll be allowed to work while you're application is processing) from within the US.

It would solve the whole issue about having to live apart while you're waiting to be granted your US residency...

[Thomas1988 2]

Hi, 

Thank you for your reply! Yes we have, but me being in the US while unable to work is not an option for us for several different reasons.