Questioning my Proof of Domicile-

[leonsgal70 3]

I would like to get a few thoughts and/or suggestion on what we are contemplating.

Since my recent visit home, thoughts have crept in my mind about moving home as, I could very easily get a job, not a career job so quickly but hoping, but something to get us started with our future...a place to live, a job etc.

Present evidence proving domicile while in Canada and severing ties:

In the US, I have maintained for 10+ years:

a bank account; checking and savings,

a registered car

vehicle insurance

401K plan

Drivers License; renewed last year

stocks

credit cards

proof of address; delivery of mail,

a lease agreement between my sister and us

a tentative letter to our present property manager on why we chose to go month to month vs. signing a new lease

statement to my present employer as to my intentions on giving notice upon Visa Application approval

UPack quote

shot records for the cat

quote to transport cat by air

Should I choose to remain in Canada and from what I have listed are your thoughts that there is 'enough' evidence on proving domicile?

or

I could return to the US and secure a job and a place to live and still have the above evidence to offer as evidence and would return for the interview with my husband, as it shouldn't be too far off.

Presently, we are awaiting on the interview letter, which also has us on a stand still for the medical exam.

I'm just trying to reason the more secure way, though I know nothing is 100%, but which is more concrete? I have only held my PR in Canada for 6 months; that's minus 6 months my entire life born and raised in the US.

I appreciate everyone's thoughts, experiences and opinions.

Lily

[trailmix 77]

Hi Lily,

Well, this is just my opinion.

Experience has shown that you must be clear on what you are trying to prove. You may have read the 'proving domicile' thread, pinned at the top of the Canada forum, however you might have missed a key point. For U.S. immigration purposes there are three types of 'domicile' and there is reestablishing domicile.

Ok so the three:

1. You physically live in the U.S.

2. You are employed by a U.S. government agency

3. You have left the U.S. temporarily (think holiday - even of a few months) but your primary residence is in the U.S.

You do not fit in to any of these categories, you are not domiciled in the U.S. so cannot prove that.

Therefore you are left with reestablishing domicile. Proving that you are moving back to the U.S. no later than the intending immigrant. If you don't read any further, please take that to heart. Many have been caught out trying to prove domicile that they do not have. If you go to your interview with that mindset, it is almost guaranteed you will be denied and sent away for further proof.

That said, everything on your list above "a lease agreement between my sister and us" is very much secondary evidence. Everything below and including the lease can be primary evidence.

The primary evidence looks good in terms of leaving Canada, but you have virtually nothing showing you are relocating to the U.S., except the lease with your Sister. I personally think you need to look at getting more.

How about applying for some jobs, see if you get any replies to those. How about emailing an inquiry to the local city office to see what you have to do to license your cat in that city, or if you even need to.

Anyway, those are just a couple of things I thought of, i'm sure you will think of more. You are moving to the U.S. - what do you need to organize to live there? Whatever that is, start making some enquiries, start doing those things. Do you need a cell phone when you get there? Why not get that a month before his interview. How about Health insurance and car insurance - make some inquiries via email, get some quotes mailed to you if need be.

(oh - and to answer your question - moving back ahead of the interview date is always more concrete).

Edited May 24, 2010 by trailmix

[Lenie7 0]

TM's advice is good. I had only stayed in Canada part-time for a year and a half before our interview and we were denied based on domicile. I owned a house, had bank accounts, cars, license, etc. in the U.S. and they still refused that as proof. It seems that the people who have breezed through the interview had the USC spouse living in the U.S. That doesn't mean it's impossible any other way, but it does make things a whole lot easier!

Hi Lily,

Well, this is just my opinion.

Experience has shown that you must be clear on what you are trying to prove. You may have read the 'proving domicile' thread, pinned at the top of the Canada forum, however you might have missed a key point. For U.S. immigration purposes there are three types of 'domicile' and there is reestablishing domicile.

Ok so the three:

1. You physically live in the U.S.

2. You are employed by a U.S. government agency

3. You have left the U.S. temporarily (think holiday - even of a few months) but your primary residence is in the U.S.

You do not fit in to any of these categories, you are not domiciled in the U.S. so cannot prove that.

Therefore you are left with reestablishing domicile. Proving that you are moving back to the U.S. no later than the intending immigrant. If you don't read any further, please take that to heart. Many have been caught out trying to prove domicile that they do not have. If you go to your interview with that mindset, it is almost guaranteed you will be denied and sent away for further proof.

That said, everything on your list above "a lease agreement between my sister and us" is very much secondary evidence. Everything below and including the lease can be primary evidence.

The primary evidence looks good in terms of leaving Canada, but you have virtually nothing showing you are relocating to the U.S., except the lease with your Sister. I personally think you need to look at getting more.

How about applying for some jobs, see if you get any replies to those. How about emailing an inquiry to the local city office to see what you have to do to license your cat in that city, or if you even need to.

Anyway, those are just a couple of things I thought of, i'm sure you will think of more. You are moving to the U.S. - what do you need to organize to live there? Whatever that is, start making some enquiries, start doing those things. Do you need a cell phone when you get there? Why not get that a month before his interview. How about Health insurance and car insurance - make some inquiries via email, get some quotes mailed to you if need be.

(oh - and to answer your question - moving back ahead of the interview date is always more concrete).

Edited May 24, 2010 by Lenie7

[leonsgal70 3]

Thank you both for your responses and direction. I have a few more questions: since we live near the Canadian and US border, if I should decide to get a job on the US side and a room mate through kijiji (location of the US side), would this subside for domicile. However, please note the items listed above bank statements, mail, etc., are based on Texas (would that reflect negatively)...and can the job I obtain be a job that is not in my area of expertise...like a service industry job?

[leonsgal70 3]

I am now physically in the US. Though I am not at the destination of where my husband and I will begin our life, I have made a pitstop in another state, where my family resides and am currently interviewing for a job. My residence in this state is only temporary and will change as soon as my husband is given approval...upon POE we will travel to our destination state to begin our life.

Additionally, paycheck stubs, once a job is secured in the US...I still have the following:

USA based

a bank account; checking and savings

a registered car

vehicle insurance

401K plan

Drivers License; renewed last year

stocks

credit cards

proof of address; delivery of mail

a lease agreement between my sister and us (this is based in Texas, though I am currently not in Texas)

a tentative letter to our Canadian property manager on why we chose to go month to month vs. signing a new lease

statement to my soon to be employer as to my intentions on giving notice upon Visa Application approval...I am seeking temporary positions and have a job interview today.

UPack quote

Would I now meet the criteria in an IO's eyes of proving domicile? As far as cell phone, I am planning to purchase a smartphone...and not enter into a contract...

TY! Your advice is greatly appreciated.

PS Gosh I miss my husband!

Edited July 26, 2010 by leonsgal70