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Move back to US for domicile?

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Hi VJ-ers,

We're debating about whether I (the USC) should just go back to the US before my husband's (Canadian Citizen) interview because we're not sure we have enough proofs of domicile. The main proof I see most people post here is a job offer, but if I don't intend to work after moving back to the US, then there's no job offer to show. I'm not going to school nor do I have school-aged kids.

So here's what I have that could work for domicile so far:

-US driver's license

-US voter registration card

-US bank account

-US investment accounts

-we can draw up a lease agreement with my family (is this considered just as good as an official lease with an apartment company or buying a house?)

Is there anything I'm missing that I could possibly use as proof?

I could also close my Canadian bank account, but I don't have any other way to show cutting off ties with Canada.

Given the limited proofs we have, would it suffice as domicile to move back to the US prior to my husband's interview? Or would they look at it as simply a visit to my family? If I go this route, how much before my husband's interview would I need to move back to ensure proper domicile intention/status?

Thanks very much in advance!

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Filed: IR-1/CR-1 Visa Country: Canada
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Hi and welcome,

No, your proof actually probably won't be enough. Your proof kind of doesn't really prove anything. You can't prove that you are domiciled in the U.S. because you are not. Therefore you have to prove that you are reestablishing domicile.

Now, the items you do have, it can't hurt to bring them with you to the interview, as well as other proof.

Closing your Canadian bank account is not necessary. There are other ways of showing you are moving.

You will want to read this thread in the Canada forum:

http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

No one can say how long before the interview the U.S. citizen would have to move back, if you decide to go that route - it just needs to be long enough to get a few things established. There is discussion about that in the thread I linked to, a few have gone ahead and done that.

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Hi and thank you Trailmix :)

Ya, that is exactly what I'm worried about - I know my "proof" doesn't prove anything because these are things I've had the whole time I've been living in Canada (several years) so of course it doesn't show that I'm moving back to the US. The problem is, I can't really think of what else I can use since there won't be any job offer or school registration for me or my kids. The only thing I can think of is to provide a lease agreement with my family.

What I was hoping is that going back to the US before my husband would be enough, but it sounds like it won't be sufficient for him to say at the interview, ya my wife already moved back, without having anything to show that I have done so, is that right? Ie, there needs to be some proof of me moving back beyond a one way plane ticket? Do you have any other ideas on what else I can go back and establish given that the major ones (work and school) won't apply in our case?

I have read through the pinned domicile thread a few times actually, but I will re-read it and focus on those who have gone the route of actually moving back to the US.

Any and all suggestions are welcome! Thanks!

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