Proving domicile when not living in the U.S.

[Boiler 43,397]

3 minutes ago, mellybear said:

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...

Some serious and I mean serious, reading is required.

[mellybear 2]

18 minutes ago, Boiler said:

Some serious and I mean serious, reading is required.

I'm assuming the process isn't as easy as simply filling out an application and that it does take time, but for non-married couples it is an alternative that can be considered. So I was just curious if they had already considered that route.

As for his actual issue.  I would not recommend applying for Canadian residency for your fiancee because: a) hopefully, by the time she'd be granted it you'll already be well on your way to having your US residency approved; and b) you don't have any intention of living in Canada permanently so it's pretty much a waste of money.  Having her enter Canada as a visitor would be the most logical option...although be prepared for her to get additional questioning at the border, especially if she tells them that she is coming into Canada to visit her husband...you may actually want to contact Canada Border Services, explain your potential situation to them and ask what the best way to avoid complications at the border is.

As for evidence of a bonafide marriage, if American visa officers are anything like Canadian ones, they'd be looking for proof of an ongoing relationship (i.e. - pictures, emails, receipts from trips you've taken together, etc), living together would just be additional proof but not something that is definitely required....but like boiler mentioned it does seem that Montreal is mostly concerned with your fiancee being able to show that she has a domicile in the US - which based on what you posted doesn't look like it should really be an issue since she is employed by a US company and currently is living in the US...and I'm assuming she has a US drivers licence, car insurance, US bank accounts, etc. which are other things that the visa officers in Montreal seem to look for as proof that the US spouse satisfies the domicile requirements. 

My bigger concern, which isn't related to the question about domicile, is since the wedding is taking place in Washington...I'm hoping that Thomas1988 won't have any issues crossing the border....border officers may get suspicious of a non-US citizen crossing the border to get married to a US citizen 😕

[NikLR 13,220]

On 3/15/2020 at 2:53 PM, mellybear said:

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...

K1 would be a terrible route.

 I-765 takes 6 months to adjudicate.  You also have to pay for it if it's not with an AOS.  So given that the I-94 is only valid for 90 days, and the I-765 would be adjudicated 90 days after that, it wouldn't be granted based on that I-94 which is a waste of money.

the 2nd I-765 would again take about 6 months.  

 

[NikLR 13,220]

On 3/15/2020 at 3:56 PM, mellybear said:

I'm assuming the process isn't as easy as simply filling out an application and that it does take time, but for non-married couples it is an alternative that can be considered. So I was just curious if they had already considered that route.

As for his actual issue.  I would not recommend applying for Canadian residency for your fiancee because: a) hopefully, by the time she'd be granted it you'll already be well on your way to having your US residency approved; and b) you don't have any intention of living in Canada permanently so it's pretty much a waste of money.  Having her enter Canada as a visitor would be the most logical option...although be prepared for her to get additional questioning at the border, especially if she tells them that she is coming into Canada to visit her husband...you may actually want to contact Canada Border Services, explain your potential situation to them and ask what the best way to avoid complications at the border is.

As for evidence of a bonafide marriage, if American visa officers are anything like Canadian ones, they'd be looking for proof of an ongoing relationship (i.e. - pictures, emails, receipts from trips you've taken together, etc), living together would just be additional proof but not something that is definitely required....but like boiler mentioned it does seem that Montreal is mostly concerned with your fiancee being able to show that she has a domicile in the US - which based on what you posted doesn't look like it should really be an issue since she is employed by a US company and currently is living in the US...and I'm assuming she has a US drivers licence, car insurance, US bank accounts, etc. which are other things that the visa officers in Montreal seem to look for as proof that the US spouse satisfies the domicile requirements. 

My bigger concern, which isn't related to the question about domicile, is since the wedding is taking place in Washington...I'm hoping that Thomas1988 won't have any issues crossing the border....border officers may get suspicious of a non-US citizen crossing the border to get married to a US citizen 😕

Most of us never have any issues crossing the border for marriage or visiting unless we're unemployed and not a student.  

Canada allows inland processing to entering with the purpose of immigration is allowed by the CBSA so extra questioning likely wouldn't occur either.  

[jackanddeona 310]

Ok so quick question here for people who have gone through montreal. My wife is the petitioner and before we started this process her boss let her know she could work from home while we finalized everything. Since September of last year she has been periodically visiting me for longish visits of months at a time and living with her parents in colorado. We applied for the I-130 using her parent's address as her mailing and physical address. Now that we are entering the NVC phase and we have to prove income I am curious if montreal will accept the fact that she covers my income requirements but her work address is in texas and her physical address is in Colorado. Will this bring up questions of domicile? Based on the guide on travel.state.gov she only needs to supply the tax transcripts but I have heard montreal is extra picky. Any insight would be appreciated.

[canadavisa22 197]

23 hours ago, jackanddeona said:

Ok so quick question here for people who have gone through montreal. My wife is the petitioner and before we started this process her boss let her know she could work from home while we finalized everything. Since September of last year she has been periodically visiting me for longish visits of months at a time and living with her parents in colorado. We applied for the I-130 using her parent's address as her mailing and physical address. Now that we are entering the NVC phase and we have to prove income I am curious if montreal will accept the fact that she covers my income requirements but her work address is in texas and her physical address is in Colorado. Will this bring up questions of domicile? Based on the guide on travel.state.gov she only needs to supply the tax transcripts but I have heard montreal is extra picky. Any insight would be appreciated.

Her work address and physical address being in different states doesn't matter. They understand that people work remotely. Proving her domicile will be very simple for you at the NVC stage. It's only an issue when the US spouse lives in Canada (or another country). While she might be visiting you for months at a time her domicile is still in the US. 

Edited April 26, 2020 by canadavisa22

[jackanddeona 310]

42 minutes ago, canadavisa22 said:

Her work address and physical address being in different states doesn't matter. They understand that people work remotely. Proving her domicile will be very simple for you at the NVC stage. It's only an issue when the US spouse lives in Canada (or another country). While she might be visiting you for months at a time her domicile is still in the US. 

That's what I figured. The plan is to sign a lease in fort worth a couple of months before my interview. Should I be updating the address with the consulate and bringing the paperwork with me or is that redundant at this point?

[canadavisa22 197]

6 hours ago, jackanddeona said:

That's what I figured. The plan is to sign a lease in fort worth a couple of months before my interview. Should I be updating the address with the consulate and bringing the paperwork with me or is that redundant at this point?

You won't have an interview for a long time so I wouldn't worry about it now. But when you are at the NVC stage it asks where you plan to live once you're in the US. Use whatever address that would currently be and then just bring the lease to the interview. You can update that plus where you want your green card to be send in person at your interview.

[jackanddeona 310]

13 hours ago, canadavisa22 said:

You won't have an interview for a long time so I wouldn't worry about it now. But when you are at the NVC stage it asks where you plan to live once you're in the US. Use whatever address that would currently be and then just bring the lease to the interview. You can update that plus where you want your green card to be send in person at your interview.

Awesome thanks!

[NikLR 13,220]

Domicile isnt an issue for you as she works remotely.  Now Canadian visitors cant work in the USA without a work visa.  You may want to check into Canada Immigration's stance on this too.  However it wont affect your US immigration. 

[RGKhela 0]

Hi Folks,

 

I am living in canada with my boyfriend (us citizen) and we are planning to immigrate to usa after marriage. 

 

I have 2 questions:

1. For domicile he has US registered car, voting registration, permanent mailing address in usa. We were thinking that close to interview he could get a job in Washington close to border and continue to live in Canada (Vancouver) with me.

- Will this be a problem if he continues to live in Canada or does he have to sign a lease and move there?

- He is basically from California so Car registration,  voting registration and permanent address are all based in cali, would it be a problem if he works in washington although all other stuff is registered to cali?

 

2. for assets, I have liquid cash which I can show to support myself.

would this be a problem that instead of my spouse financially supporting me, I am supporting myself. Should I put this money in our joint account?

 

any input is much appreciated. 😊

Kind Regards,

RG

[KStene22 79]

Quick question... We Dq'd May 21, and I haven't been on here in ages. I didn't even realize they had resumed interviews in Montreal!  So I'm looking through all my papers again to get my bearings.  I'm second guessing something.  My husband (sponsor) has to re-establish domicile, and on his AoS we listed his country of domicile as "Canada," then provided all of our evidence to reestablish domicile and a letter explaining his intent to do so.  Is this correct?  

[NikLR 13,220]

On 5/16/2020 at 11:14 AM, RGKhela said:

Hi Folks,

 

I am living in canada with my boyfriend (us citizen) and we are planning to immigrate to usa after marriage. 

 

I have 2 questions:

1. For domicile he has US registered car, voting registration, permanent mailing address in usa. We were thinking that close to interview he could get a job in Washington close to border and continue to live in Canada (Vancouver) with me.

- Will this be a problem if he continues to live in Canada or does he have to sign a lease and move there?

- He is basically from California so Car registration,  voting registration and permanent address are all based in cali, would it be a problem if he works in washington although all other stuff is registered to cali?

 

2. for assets, I have liquid cash which I can show to support myself.

would this be a problem that instead of my spouse financially supporting me, I am supporting myself. Should I put this money in our joint account?

 

any input is much appreciated. 😊

Kind Regards,

RG

If you read in this thread, majority of the time Montreal wants the US citizen to be living and working in the USA.  Rarely have I seen this gotten around, but some people have tried, but even more rare is for them to update unfortunately.  It doesn't matter that his stuff is registered to California and he works in Washington state.  However he may want to move his things to Washington if the registration is cheaper.  (Which considering Washington doesn't have emissions and California does, it makes sense.)  

Liquid assets from the beneficiary can be considered but convert them to USD and they need to be 3x the difference in income.  You need roughly $60k+ to make up for a non-working or non-US working USC petitioner. 

 

On 12/9/2020 at 8:06 PM, KStene22 said:

Quick question... We Dq'd May 21, and I haven't been on here in ages. I didn't even realize they had resumed interviews in Montreal!  So I'm looking through all my papers again to get my bearings.  I'm second guessing something.  My husband (sponsor) has to re-establish domicile, and on his AoS we listed his country of domicile as "Canada," then provided all of our evidence to reestablish domicile and a letter explaining his intent to do so.  Is this correct?  

Hopefully it's enough.  Majority of the time Montreal wants to see the USC with a US based employment and/or domicile. 

[Charlie87 31]

I am UK citizen and got married to a US citizen in 2016. We have been living in the US since then.

we now want to settle in the US. We are at the NVC stage and have submitted all docs.

we have a joint sponsor as my wife has zero US income as she lives in the UK with me.

you have to prove intent to reestablish US domicile.

my wife has written a letter explaining how she intends to reestablish domicile and has filed taxes, voted, renewed drivers license, maintained US bank account, contacted employers etc.

No need for your US spouse to physically be in the US in order for the application to be valid. 

[Boiler 43,397]

1 minute ago, Charlie87 said:

I am UK citizen and got married to a US citizen in 2016. We have been living in the US since then.

we now want to settle in the US. We are at the NVC stage and have submitted all docs.

we have a joint sponsor as my wife has zero US income as she lives in the UK with me.

you have to prove intent to reestablish US domicile.

my wife has written a letter explaining how she intends to reestablish domicile and has filed taxes, voted, renewed drivers license, maintained US bank account, contacted employers etc.

No need for your US spouse to physically be in the US in order for the application to be valid. 

For the UK probably this is so.