Visa: Denied

[Varba 0]

Very sorry Avery.

Hopefully everything goes quickly and smoothly with your additional information!

It is heart wrenching to get moved backwards in this process, but you're still really close.

You can make it.

[bowflex 0]

Very very sorry to hear that Avery. My wife initially had her visa denied at the interview and that's even after we spent a few thousand on a really good lawyer. Sometimes the people there are looking for reasons to deny cases but I have been seeing this come up more and more on these boards lately.

I wish you a ton of luck, just get all your stuff together and express it right over to them I faxed a Bible-sized packet of information over to them back in April of 2007 two days after the denial and it worked out okay, just added a few extra months to the process.

Sooo many good luck wishes to you both, I hope everything gets resolved as soon as possible for you!!!

[TimandJoyce 1]

I hope everything works out for the two of you fast and that you can be together soon.

[trailmix 77]

We told him that my husband had maintained his credit card and bank account in the US and that we had a letter from his mother stating that we would moving down for November 5th (travel time). He then informed us that maintained accounts did not qualify and a paragraph from his mother was insufficient because "Mother's will say anything for their sons."

He then went on to explain that there needs to be a stronger show of proof of domicile. He then said he couldn't tell us exactly what we needed but it would be good for my husband to travel back to the US. He mentioned some good things to prove domicile (TAKE NOTES!) to obtain/renew a drivers license in that state, get a more concert contract for where we are living, register at a school, to get a job offer , register to vote, to open a bank account, see a doctor, and show state taxes.

He then went on to say that everything else looked in order and lectured us on how other couples have to be apart for this process. And the whole point is to reunite couples and that I didn't need a visa to go to the USA. He then reminded me that if I did go down before approval they would most likely turn me back because I have an open case.

Hi Avery,

Sorry you all have to submit more proof of domicile, that is very disheartening for you both i'm sure.

It sounds like you got mr. stickler for an interview. He contradicted himself quite a bit. People can DCF in Canada, perfectly legally and then they flip over and say it would be good for the petitioner to travel back to the U.S.

Also, according to their own guidelines - 'intent to reestablish domicile no later than the intending immigrant' should suffice. Those guidelines were written for a reason and mr. high horse should perhaps review them before he says - other couple have to be apart for this process.

Then he tells you that you don't need a visa to visit the U.S. and in the same breath tells you that you will probably be turned back. Right.

Since it would seem that the most important item to prove reestablishing domicile - from what we have seen on this board, it to have a letter from the person you intend to live with, would you mind sharing what details the letter from your Mother contained.

I think it is important that it is made clear in the letter that you will be paying a rental amount, that you can stay as long as you wish, that there is contact information for the person etc.

Your experience with this will perhaps help out the next person trying to prove reestablishing domicile.

[Avery 0]

I am very happy for the fact we finish our Canadian Road on Friday. The timing could not have been better. He immediately booked a flight down to the US. We are going to gather so much evidence and shove it down his pin eyed throat that he will have wished he got rid of us on Tuesday. =D

The letter we used is as follows:

I, Rhonda Johnson, will be having my son, Brandon Johnson and his wife, Marie

Johnson, staying in our home when they arrive in the United States. They have

projected their date of arrival for the 5th of November of 2009. During the time my

son, Brandon Johnson, has been away, he has maintained his residency on our home at

27 Faye Avenue. we are delighted and very excited to have them coming home.

If you have any questions regarding this letter or any other concerns please feel

free to call me at 419-XXX-5766

Thank you,

First Name Last Name

He had said that a one paragraph from his mother was not sufficient and a verbal job offer from his friend is not enough. Despite the fact we told him we quit our jobs and already have sublet our apartment. I am trying not to be steamed or hurt by it simply because it is what it is now. On the bright side everyone he knew in Ohio has been more than helpful.

His friend has him an interview and the final interview lined up for the same day he arrives on Saturday. (aka he gets a job that day). His Aunt has someone to notarized that "one paragraph-mother's-will-do-anything-for-there-sons page". He is registering to change his driver's license, opening ANOTHER bank account, registering with his state to vote(if he's able), paying some state taxes, and visiting his chiropractor and getting a letter from him saying that he has been and is his regular patient.

And if then that is not enough, we are calling his state senate cause that would just be fricken ludicrous to want more. What's dumb? We couldn't have done it earlier as to not jeopardize the Canadian Permanent Residency. So him being in Canada for the last 2 1/2 years actually hurt us. I am hoping in the end we both have access to both countries (him with his PR card and myslef with Green Card) and this whole hiccup as it were will have been worth it.

[trailmix 77]

Sounds like you guys are really on top of this

Just a couple of things that stood out for me. He (the CO) said he wanted something more concrete from your Mother - this is just my opinion - but I don't think notarizing the letter will help much. This is just a guess but I think what they are looking for is some kind of 'proper' rental set up. Not to say you need a legalling binding contract, but perhaps she could state that you have agreed on a rental amount, perhaps that is more 'concrete'. Having it notarized just means that the notary is confirming the person signed it - which may or may not help.

Anyway, that may all be moot based on the fact that you are gathering all this other evidence! Good luck!

[INK 0]

Sounds like you guys are really on top of this

Just a couple of things that stood out for me. He (the CO) said he wanted something more concrete from your Mother - this is just my opinion - but I don't think notarizing the letter will help much. This is just a guess but I think what they are looking for is some kind of 'proper' rental set up. Not to say you need a legalling binding contract, but perhaps she could state that you have agreed on a rental amount, perhaps that is more 'concrete'. Having it notarized just means that the notary is confirming the person signed it - which may or may not help.

Anyway, that may all be moot based on the fact that you are gathering all this other evidence! Good luck!

Agree with Trailmix - we sent in rental agreement and you can find templates on web. We were also told that having driver licence and bank account is secondary and they would like to see things like school registration, job offer, lease agreement, etc and in addition something to show evidence to relinquish residence in Canada we sent in our house listing.

[trailmix 77]

Sounds like you guys are really on top of this

Just a couple of things that stood out for me. He (the CO) said he wanted something more concrete from your Mother - this is just my opinion - but I don't think notarizing the letter will help much. This is just a guess but I think what they are looking for is some kind of 'proper' rental set up. Not to say you need a legalling binding contract, but perhaps she could state that you have agreed on a rental amount, perhaps that is more 'concrete'. Having it notarized just means that the notary is confirming the person signed it - which may or may not help.

Anyway, that may all be moot based on the fact that you are gathering all this other evidence! Good luck!

Agree with Trailmix - we sent in rental agreement and you can find templates on web. We were also told that having driver licence and bank account is secondary and they would like to see things like school registration, job offer, lease agreement, etc and in addition something to show evidence to relinquish residence in Canada we sent in our house listing.

Yes, it's those 'intention to move' things that are very important as well. It's too bad his friend didn't actually write up a job offer - also did you bring written proof that you had sublet your apartment?

[simistar 2]

Whoa... this has me pretty worried!

Sounds like sometimes you get officials in Montreal who think they're Mr./Mrs. Smarty-Pants and don't even know their own rules!

Yikes. My interview is next week (Oct. 22nd) and we too have had trouble gathering evidence of "re-establishing domicile" given that my husband hasn't lived in the States for 9 years...

We have a letter from his parents saying we can live there...but I think we're going to have them re-do it to be more official!

Also, we have a letter of a job offer for my husband, but it's not in the same state as his parents (which is where we intend to start off...)... He's not sure whether he would take the job, but is this enough to show we're re-establishing domocile...?

He's also got a valid driver's license...

I printed out a moving quote on Upack...

Not sure if all this will be enough though...??

Thoughts appreciated?:-)

[trailmix 77]

I would try to get more.

I think the job offer is not a bad thing, even though it's not in the same state - it shows he is actively pursuing to reestablish domicile. Does he have any current bank accounts in the U.S.? Even if they have very little money in them.

What about things to show you are leaving Canada? Do you have a U.S. dollar bank account here? Have you given notice at your apartment or are you trying to sell your house?

[Malrothien 6]

Since our latest RFE, we are doing the following:

- Apply to college in FL

- Have my grandmother add my name to her household bills

- Lease letter from my grandmother (thanks to TM)

- Take copies of emails/answers/postings of sending my resume for jobs

- Open a cell phone account when we get interview notice

- I opened a bank account with BoA

- Will have my employer's sign a letter stating the reason they laid me off (anticipated my move to FL)

- Will have hubby's employer's do the same when the time comes

- Copy of requirements to register to vote in FL (have to be a resident)

- Copy of my voter's registration from WA

We're definitely taking the "drown them" approach to this since I haven't lived in the US since Boxing Day 2005.

[trailmix 77]

looks good!!

[simistar 2]

I would try to get more.

I think the job offer is not a bad thing, even though it's not in the same state - it shows he is actively pursuing to reestablish domicile. Does he have any current bank accounts in the U.S.? Even if they have very little money in them.

What about things to show you are leaving Canada? Do you have a U.S. dollar bank account here? Have you given notice at your apartment or are you trying to sell your house?

No...doesn't have any current bank accounts in the States...

And we don't have a US dollar account here... but I suppose we could open one pretty easily... Just not sure how that proves we're planning on leaving...?

As for our condo, we were planning on hanging onto it and renting it out... Would a letter/lease agreement with the person who will be renting it out be enough...? (and does it need to be an "official" lease... it's a girlfriend of mine who's moving back to Canada from England...maybe I can find an "official" lease online..?)

[trailmix 77]

Absolutely I would get a lease made up for her and signed.

The U.S. dollar account idea is just something we submitted - I mean when you have little to no proof you have to come up with....whatever you can.

I just figured that since we had the bulk of our funds in U.S. dollars, it at least says, hey, look, we bought your money - but really, most Canadians that are not moving to the U.S. don't generally have most of their money in a U.S. dollar account.

Remember, I had never lived in the U.S. - I had no U.S. license etc etc - I basically had nothing - so I just tried to think out of the box a bit.

[simistar 2]

Absolutely I would get a lease made up for her and signed.

The U.S. dollar account idea is just something we submitted - I mean when you have little to no proof you have to come up with....whatever you can.

I just figured that since we had the bulk of our funds in U.S. dollars, it at least says, hey, look, we bought your money - but really, most Canadians that are not moving to the U.S. don't generally have most of their money in a U.S. dollar account.

Remember, I had never lived in the U.S. - I had no U.S. license etc etc - I basically had nothing - so I just tried to think out of the box a bit.

You're very good at thinking outside the box:-)

I think you're right...if we convert our money to US money...might just be one more bit of "proof" we plan on leaving...

Here's another scenario...

As I mentioned, we are planning on renting out our place... but just while we stay with his parents and get our poop together... and then we'll sell our place here.

Not sure how long that will take, but let's say it's a year or under...

Our real estate agent said she can draw up a "listing agreement"...which means we don't actually list our place right now, but is s document that shows we plan to...(she said since we ARE planning on selling at some point, she doesn't mind doing this...)

Do you think THIS will be better than the lease agreement...?

Edited October 16, 2009 by simistar