I-184 confusion!

[NewportWest 1]

I have a domicile question in regards to the I-184

My husband, who is the US citizen and I live in Canada. He is living and working here. But for the I-184, does he have to be in the US? I know we have to show an address where we intend to live, but do we list that he is there, and working there already?

We hired a lawyer to help us at this step and I think they are wrong to insist that my husband is supposed to be living and working in the US in order to fill out the I-184 correctly. It just doesn't make sense to me that he would have to be there.

We have an employment offer letter for the US, but the lawyer wants to list that as his current employer.

Your input is greatly appreciated!

[NikLR 13,227]

Have you read the domicile specific thread in the Canada forum? Montreal is strict about domicile, you may want to take a look. http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

Also you will need a joint sponsor if your husband does not have US based employment.

[NewportWest 1]

Thank you for the link- I did a search for info but had not found that myself. It was extremely helpful.

All very frustrating though. It appears that it may be easier if he does return to the US before I do, at least as far as establishing domicile goes that is.

So if he does go back, it doesn't have to be when we file the I-184 correct? Have I understood it correctly that it just has to be before I would POE?

Thank you again!

[Darnell 8,478]

read the first 3 pages and the last 5 pages at

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

and please bring some poutine powdered gravy when you cross the border, and ship to Saylin ! (TIA ! )

[NikLR 13,227]

Read the posts by "gitmeouttahere" in that thread. They were denied just last year for lack of domicile proof.

Also here:http://www.visajourney.com/forums/topic/381532-montreal-consulateinterview-rfe/

Also from the Montreal Consulate website:http://travel.state.gov/visa/immigrants/info/info_3183.html#3

[NewportWest 1]

Thank you all for the links! Things are starting to make more sense now...but it definitely worries me. We don't want my husband to go back to the US without our baby and I.

The montreal consulate information was quite helpful too- It does state at the end of the section on domicile that-

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor.

So establish domicile with all the proof that we can possibly gather, and then maybe he won't have to go to the US before I do.

Just to clarify- on the I-184, for the USC's domicile, put the US address where we intend to live, even though he is still in Canada at the time of filing the form, correct? But at the interview, of they ask me where he is living and if he isn't living in the US yet- I would say Canada, right?

Poutine sounds good...we intend to indulge before we go

[Ryan H 3,812]

I have a domicile question in regards to the I-184

My husband, who is the US citizen and I live in Canada. He is living and working here. But for the I-184, does he have to be in the US? I know we have to show an address where we intend to live, but do we list that he is there, and working there already?

We hired a lawyer to help us at this step and I think they are wrong to insist that my husband is supposed to be living and working in the US in order to fill out the I-184 correctly. It just doesn't make sense to me that he would have to be there.

So if he does go back, it doesn't have to be when we file the I-184 correct?

There is no such form as an I-184; the form in question is I-864.

[NewportWest 1]

You know, I just saw that typo too, lol- and I kept making it!