Proving domicile when not living in the U.S.

[SJS8581 28]

1 hour ago, Jimmy O said:

Nevermind about my last question (I saw that It took you from July to March). But I am curious: When you went to the Montreal Consulate, did they say anything about lowering the wait time between NVC and Interview date? (I saw that yours was about 8-9 months). I was thinking they might be speeding up because of catching up from Covid and a new presidential administration. Idk if that makes a difference. I think it made a difference for our I-130 approval wait-time, when I checked wait times when we submitted in  mid January, it said 7-9 months (while Trump was still in office) and then it only took like 2.5 months...

nothing was said about that no. I think we all have speculations such as those you mentioned. It's hard to gauge the process and timing but from what I can see things have sped up. If you haven't checked out hawk riders faq and estimated timelines to interview sheet make sure you do!

[gad33 47]

SJS8581, that is good news.

 

Who knows why they didn't ask about domicile. Maybe they did look at the documents, maybe they saw you'd submitted something and decided they just wanted a quick interview. Doesn't matter, you made sure you had everything that was required and he was approved.

[millefleur 5,035]

**Several threads removed for derailment. Please post constructively and stay on topic.**

 

VJ Moderation

[SJS8581 28]

Anyone here (also as CA PR) move back to US before their spouse? It's looking like I'll have to fly back with some of my belongings and then at a later date meet my spouse with the uhaul with the rest of our home for his move and border crossing. I'm just looking into what to expect from airport customs for my flight at this point and what they might ask me or need to know. Thanks!

[darth vader 131]

On 3/30/2021 at 2:05 PM, SJS8581 said:

Husband was approved! Many thanks to all who gave such helpful insight. Below is a recap of what we submitted on CEAC about five days before his interview in regards to more evidence of intent to reestablish domicile (I’ve lived in CA since 2016 as a PR.) Surprisingly he was not asked for copies at the interview nor did he need to present them to explain. 
 

see my full Montreal consulate review on my profile

 

other proof of domicile:

(Submitted to CEAC before interview)

formal 5 page lease-with family

notarized letter from family that we will be living with them including their signature and address

copies of correspondence between us and CA realtor to sell condo

Uhaul CA quotes

Copy of my MI license

job app emails between me and US employers

Husband US recruiter correspondence

submitted at NVC: statement of intent to reestablish domicile with bulleted list and copies of -US bank statement, US credit card statement, US IRRA statement, proof of MI registered voter

Did the U.S.C. have a U.S. job? If not, what did you use at NVC stage to satisfy sponsorship requirements? Did you use assets only or a co-sponsor only or both? Thanks!

[usaBoundSud 21]

If applicants Affidavit Of Support  is waived based on 40 retirement credits in the US, do we still to gather proof for Domicile at interview?

Edited May 31, 2021 by usaBoundSud

[darth vader 131]

deleted by the op

Edited June 1, 2021 by darth vader

[jlgeib 3]

Hi there - 

I've got all my documents lined up to prove intent to re-establish domicile, but have just learned that my mother (whose address I have used as my permanent residence for years) has just sold her condo and is planning on moving in the next three months, but doesn't yet have a new address. We need to submit the affidavit of support now to keep the process moving forward, and I'm wondering if this is going to cause major problems down the line?

 

(I'm hoping I'm asking this in the correct thread!)

[mizzem 144]

On 6/29/2021 at 7:29 PM, puppy_cute said:

Congratulations on your approval! Did you just use your assets to qualify for AOS or use a co-sponsor?

Thanks! Sorry for the delay but I’m not on here continuously as I was before we got our approval. We used my income, which was minimal but enough and also posted all of our assets but they seem to be only concerned about the income no matter what your assets are. Luckily they didn’t ask for a co sponsor. We finally moved to the US on June 1 and couldn’t be happier! Best of luck to you, it’s stressful but worth the wait!

[waterlooengineer 30]

Hey everyone, 

we are in the initial stages of the spousal application and filling out the I130 petition online. both me and my wife (dual citizen) are currently in canada. both of us are employed in canada. however my in laws live in the US and my wife does have a bank account there and her taxes filed up to date. since both of us live and work in Canada, what would be the best way to prove her domicile in the US? she was working in the US until fall, 2020 when we got married and she moved in with me to Canada. 

also while filing the I130 petition online, we have inputted Montreal as the US consulate/embassy. is that correct? can I leave this blank? Or can I chose New York as the consulate since my wife's previous home was in NY and that is where we intend to move?

[mizzem 144]

On 7/2/2021 at 12:51 AM, puppy_cute said:

  

 

If I am putting this together correctly, looks like you were residing in Canada, did intent to reestablish domicile and obtained a U.S. job before the interview? Thanks in advance!

Sorry again for the delay..Yes I was residing in Canada and was a permanent resident of Canada and intended to reestablish domicile in the US, which I have. My husband and I retired so we were not looking for jobs in the US. Not sure if that helps, feel free to ask anything, if I can help I will.

[darth vader 131]

Not sure if x-post is allowed but can someone from this thread help me out at my thread below please?

 

[mam521 1,723]

On 7/4/2021 at 9:12 PM, waterlooengineer said:

Hey everyone, 

we are in the initial stages of the spousal application and filling out the I130 petition online. both me and my wife (dual citizen) are currently in canada. both of us are employed in canada. however my in laws live in the US and my wife does have a bank account there and her taxes filed up to date. since both of us live and work in Canada, what would be the best way to prove her domicile in the US? she was working in the US until fall, 2020 when we got married and she moved in with me to Canada. 

also while filing the I130 petition online, we have inputted Montreal as the US consulate/embassy. is that correct? can I leave this blank? Or can I chose New York as the consulate since my wife's previous home was in NY and that is where we intend to move?

You can have your wife and inlaws draft a rental agreement (even for $1) as a demonstration of where you plan to move.  Unless, of course, she moves back before you get your visa.  

 

As for the consulate, Montreal is correct for consular processing.  If you have citizenship elsewhere, the petition may be able to go there, but for all intents and purposes, you're the beneficiary and you're currently in Canada.  

[Idlewild 26]

Apologies if this has been covered in this monster thread, but a few questions..

 

Looking at the Financial Evidence Assistance:

• Is your mailing address or place of residence in the United States? If no, is your country of domicile the United States? Please see our I-864 Affidavit of Support FAQs for more information on domicile. YES
• Did you file Federal Income Taxes in the most recent tax year? YES
• Did you file taxes under the "married filing jointly" category? NO
• Do you meet the minimum income requirements per your most recently filed taxes for your household size?  YES

My situation:

1. Never left US employment for Canadian, have 10+ years of US Tax Returns, W2 income, etc.
2. Have 10+ years from same US employer (has always listed my parents US address as primary address).
3. All employment pay stubs show US address - present day and historical.
4. Maintained a variety of accounts/bills, valid/active US state drivers license, all linked to US address during time in Canada.
5. Active status on local US municipal voter roll.

Do you think enough evidence lives in the tax data, and a recent pay stub for proving US domicile?  I'm mostly concerned about having to find a rental property as it seems many people need this for iron-clad proof, but I've kept many ties to the US during my time in Canada.

[Abdulm 0]

Hi everyone, 

 

About to start the process of applying for CR1. My wife (petitioner) is a US citizen by birth and moved to Canada at the age of 7. She hasn't gone back since then and since we got married 5 years ago, has been a home maker. I work fulltime (Canadian citizen), we have 2 kids (Canadian citizen and will require a separate petition since they don't meet the cbra requirement). Just trying to think long term. We want to move to the US as gta is getting crazier by the day to afford and own a property. 

 

The dilemma: we didn't know her taxes need to be filed so right now we are working with an American accountant to get her up to date with taxes. She has a social security number but no place in US as her primary residence. She has alot of close family friends. My question is, how do we show intent to reestablish when we get to that point since I can't apply without having my visa approved. What should I do ahead of time to be in a good position so that we are not rejected or denied? 

Edited February 11, 2022 by Abdulm
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