Proof of Domicile

[Take Me Home 0]

I've lived in Canada since 94 and we are trying to move back to the states. They say I need to prove that I live in the U.S. I DON'T, I live in Canada. How in creation is a person supposed to move before they move. Our family plans on moving together. Is there another way to get this accomplished???

[canadian_wife 1,823]

The Montreal Consulate is VERY strict about domicile. The USC may have to move to the US before the beneficiary. THere have been lots of delayed visas while the US moves to the US to establish domicile

So much so, that Canada has a whole thread about it

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

Please start preparing now for your domicile issues. Do not wait and hope it won't be an issue. With the backlog in Montreal already, delaying anything could cost you months and months

Good luck

[nickbits 43]

DCF

http://www.visajourney.com/forums/topic/621-dcf-canada-yes-virginia-you-can/

[YuAndDan 153]

Visit the USA, start looking for a place to live, sign a lease on an apartment. Apply for a US DL.

Many in this situation have US citizen return to the USA and re-establish domicile, or show in process of re-establishing domicile, it is required for I-864, and petitioner is required to provide an I-864.

If have family in the USA perhaps a letter from them indicating that you will be living with them.

Here is a good breakdown on this from Manila.

What is the U.S. Domicile Requirement for Petitioners Living Outside the U.S.

The U.S. Domicile Requirement for Petitioners Living Outside the U.S.

A petitioner living outside the United States and who has not maintained any ties with the United States, and who wishes to qualify as a sponsor must demonstrate that:

1. He or she has taken steps to establish a domicile in the United States;
   
2. He or she has either already taken up physical residence in the United States or will do so currently with the applicant;
   
3. The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must at least arrive in the United States concurrently with the applicant;
   
4. The sponsor must establish an address (a house, an apartment, or arrangements for accommodations with family or friend) and either must have already taken up physical residence in the United States; or
   
5. Must at a minimum to state that he or she intends to take up residence there no later than the time of the applicant’s immigration to the United States.

Although there is no time frame for the petitioner to establish residence, the sponsor/petitioner must in fact, have taken up principal residence in the United States. Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:

1. Opening a bank account;
   
2. Transferring funds to the United States;
   
3. Making investments in the United States;
   
4. Seeking employment in the United States;
   
5. Registering children in U.S. schools;
   
6. Applying for a Social Security number; and
   
7. Voting in local, State, or Federal elections.
   

Summarized from 9 FAM 40.41 N6.1-2 Establishing U.S. Domicile

http://manila.usembassy.gov/wwwh3207.html