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Intent to Domicile (merged threads)

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Hi all,

My partner and I are struggling to come up with ideas to prove his intent to domicile. We are both Canadian (him dual Can/US) living in the UK. He has never lived in the US, actually he didn't even know he had a birth-abroad certificate until his mom found it around 2 years ago. He has visited his dad and his family many times in his life but didn't know he qualified as a citizen. We are also both young recent university graduates (aka, no careers yet).

When we land we will be living with his dad (who is also the co-sponsor).

So far we have:

  • Letter from his dad stating that we can live with him and his wife for as long as we need to establish ourselves
  • Voter registration # - he voted in the last election
  • School Applications - he has applied to 3 post-grad programs for fall 2017

I'm worried that it won't be enough proof, but I'm out of ideas. We don't have the money/time off work for him to travel to LA from here right now (my job alone won't pay our rent so he can't leave before me). If anyone has any ideas that would be wonderful.

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Also needs to do his taxes as a USC and do selective service system registration on sss.gov

Should probably go to the US, get his ss card if he does t have it yet, open bank accounts, start looking for a job and place to live.

Also needs to do his taxes as a USC and do selective service system registration on sss.gov

Should probably go to the US, get his ss card if he does t have it yet, open bank accounts, start looking for a job and place to live.


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Also needs to do his taxes as a USC and do selective service system registration on sss.gov

Should probably go to the US, get his ss card if he does t have it yet, open bank accounts, start looking for a job and place to live.

Thank you. I didn't include taxes or SSN on the list, since it's needed for the application regardless, but yes. He has back-filed the past 3 years of taxes (as per required on i-864) and has a SSN. Like I said, he can't really go to the US ahead of me, so we're hoping to get as much proof as we can while here.

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Im not sure how strict London is about domicile. Have you checked the UK regional forum and embassy reviews? You are lucky it's not Montreal or else moving ahead of time would be the only option.

He can move before you, you guys dont want to do it, which is understandable but may be required nonetheless.

Edited by NikLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Im not sure how strict London is about domicile. Have you checked the UK regional forum and embassy reviews? You are lucky it's not Montreal or else moving ahead of time would be the only option.

He can move before you, you guys dont want to do it, which is understandable but may be required nonetheless.

Thanks! I'll check out the London forms and try to get more info. Absolutely, if he has to go first then he has to go first I'm just trying to exhaust ideas and any possible things before we get there. Also our interview is in a month and a half which doesn't give us much time for him to go but maybe he can just go for a week or so to get a drivers licence/bank account at the very least.

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Hi, I've posted this in another forum but I've been advised to check here for embassy-specific strictness.

I'd love to hear from anyone and their experience based on how strict or leinient the London embassy was in regards to intent to domicile. For financial reasons I would love for my partner to not have to leave before me to domicile. Also note that we have a co-sponsor. So far he has:

- SSN

- done last 3 years of taxes.

- voter registration and voted in last election

- letter/offer from his dad stating he/we will be living with them

- applied for three us post-grad schools and is awaiting results for Fall 2017 entry.

its possible he holds a bank account because he cashed a US savings bond last year but he can't remember the details because his dad facilitated it. I'm really hoping this is the case and we are able to get the details for it.

If anyone could advise that'd be grand.

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The fact he has almost nothing to establish him in the US AND that he's never even LIVED in the US could really hurt.

At the end of the day, he has to prove that you will be taken care of.


Most states you can't just GET a driver's license. You have to show proof of residence in that state, they want things like car registration, electric bill, rental agreement, all these things being in the name of the person wanting a DL/State ID. As for getting a bank account, while he's a USC and he has a SSN, he has no prior residence in the US, he has no state ID, even people who can have a bank account end up having issues with banks because they want almost as much proof as they would for a drivers license.

California requires two types of residency proof for a driver's license. https://www.dmv.ca.gov/portal/dmv/detail/dl/residency_requirement

Proof of California Residency

The list below provides the documents acceptable as proof of California residency. Two (2) acceptable documents are required. All residency documents must list the applicant’s first and last name, and the California residence address must match the residence address listed on the driver license application, with the exception of the last three (3) items.

  • Rental or lease agreement with the signature of the owner/landlord and the tenant/resident.
  • Deed or title to residential real property.
  • Mortgage bill.
  • Home utility bills (including cellular phone).
  • School documents including any document issued by a public or private primary, or secondary, or post-secondary institution, college, or university that either includes the applicant's date of birth, or if a foreign school document, is sealed by the school and includes a photograph of the applicant at the age the record was issued.
  • Medical documents.
  • Employment documents.
  • Faith based documents that include the name and address of the issuing organization.
  • Insurance documents, including medical, dental, vision, life, home, rental, and vehicle.
  • Internal Revenue Service or California Franchise Tax Board tax return.
  • California Certificate of Title or Registration Card for a vehicle or Certificate of Ownership or Certificate of Number for a vessel.
  • Change of Address Confirmation by the U.S. Postal Service (Form CNL 107).
  • Documents issued by a U.S. government agency.
  • Property tax bill or statement.
  • Records from a financial institution.
  • Voter registration confirmation letter or postcard issued by the California Secretary of State or a local California county elections officer.
  • Proof of payment of resident tuition at a public institution of higher education located in California.
  • An original copy of an approved Claim For Homeowners’ Property Tax Exemption (BOE-266) form filed with a local California County Assessor.
  • Court documents that list the applicant as a resident of California.
  • A letter on letterhead from a homeless shelter, shelter for abused women, nonprofit entity, faith based organization, employer, or government agency within the U.S. attesting that the applicant resides in California.
  • A parent, legal guardian, or child may use a birth certificate and a spouse or domestic partner may use a marriage license or domestic partner registration certificate to trace his or her relationship to the individual to whom the two acceptable resident documents have been addressed.

I don’t have a residency document in my name. What can I do?
All applicants have to provide proof of two documents or they cannot get a DL/ID card. The only exceptions are for a parent, legal guardian, or child may use a birth certificate and a spouse or domestic partner may use a marriage license or domestic partner registration certificate to trace his or her relationship to the individual named in the two acceptable resident documents.

So what you do have is:

  • Letter from parent saying you'll stay with them until you can move out
  • Voter registration #
  • School Applications

What you don't have is:

  • State ID/Driver's lisence
  • Any US bills in your spouses name
  • A job lined up
  • A bank account
  • A US Credit card
  • A vehicle (if you're using the parents, have them also state they are providing a car for ya'll to use once you get your driver's license)
  • Anything with a US address on it

If they ask you what are your plans when you get in the US, what do you plan on saying? Are you planning at living in the parents house while your spouse goes to post-grad school? Do either of ya'll plan on working? What will the transportation situation look like? Why do you guys want to live in the US instead of moving back to Canada since you can both legally live there no problem? CO will probably be curious about all this.

But yeah check out London and see how strict they are. Some places would almost auto-deny you without moving before hand or having more proof, others are more lax, but you have almost next to nothing for proof. Usually people try to fix this WAY before the interview, so try for anything and everything to use as proof.

Edited by Ash.1101

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The fact he has almost nothing to establish him in the US AND that he's never even LIVED in the US could really hurt.

At the end of the day, he has to prove that you will be taken care of.Most states you can't just GET a driver's license. You have to show proof of residence in that state, they want things like car registration, electric bill, rental agreement, all these things being in the name of the person wanting a DL/State ID. As for getting a bank account, while he's a USC and he has a SSN, he has no prior residence in the US, he has no state ID, even people who can have a bank account end up having issues with banks because they want almost as much proof as they would for a drivers license.

California requires two types of residency proof for a driver's license. https://www.dmv.ca.gov/portal/dmv/detail/dl/residency_requirement

So what you do have is:

  • Letter from parent saying you'll stay with them until you can move out
  • Voter registration #
  • School Applications

What you don't have is:

  • State ID/Driver's lisence
  • Any US bills in your spouses name
  • A job lined up
  • A bank account
  • A US Credit card
  • A vehicle (if you're using the parents, have them also state they are providing a car for ya'll to use once you get your driver's license)
  • Anything with a US address on it
If they ask you what are your plans when you get in the US, what do you plan on saying? Are you planning at living in the parents house while your spouse goes to post-grad school? Do either of ya'll plan on working? What will the transportation situation look like? Why do you guys want to live in the US instead of moving back to Canada since you can both legally live there no problem? CO will probably be curious about all this.

But yeah check out London and see how strict they are. Some places would almost auto-deny you without moving before hand or having more proof, others are more lax, but you have almost next to nothing for proof. Usually people try to fix this WAY before the interview, so try for anything and everything to use as proof.

Thanks for your response, I appreciate it. I do understand that most people try to have this sorted out, this wasn't exactly a last minute thing on our part, he was meant to move ahead but problems with our jobs here stopped it.

So let's say he moves tomorrow. How does this fix anything? Is his physical presence enough to make our pitiful evidence mean anything? he will go tomorrow, open a bank account, get a licence,job search, and then we'll be hunky dory?

To answers some of your points:

- we do not plan on living with the parents while he goes to school. I will have a job, obviously. I assume that if he can handle the work load he will also have a job.

- he does have mail with the US address. He received a tax form for claiming savings bond and his voting ballot/ registration info.

- I have answers for everything you asked but did not provide them above. I am prepared to answer all of these questions at the interview, and we have solid reasons for relocating to the states over Canada. I appreciate that you're trying to help and give me a "dose of reality" but please do not assume we are completely naive and unprepared.

- we don't plan on needing a car. We will be living in a city centre and near public transport.

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You can get quotes from moving companies. Also, get a quote to ship your vehicle (if you have one) and a quote for US car insurance. You don't necessarily have to use the moving companies or ship your vehicle. It's not the strongest evidence but every little bit helps!


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10.May.2017 Medical
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Thanks for your response, I appreciate it. I do understand that most people try to have this sorted out, this wasn't exactly a last minute thing on our part, he was meant to move ahead but problems with our jobs here stopped it.

So let's say he moves tomorrow. How does this fix anything? Is his physical presence enough to make our pitiful evidence mean anything? he will go tomorrow, open a bank account, get a licence,job search, and then we'll be hunky dory?

To answers some of your points:

- we do not plan on living with the parents while he goes to school. I will have a job, obviously. I assume that if he can handle the work load he will also have a job.

- he does have mail with the US address. He received a tax form for claiming savings bond and his voting ballot/ registration info.

- I have answers for everything you asked but did not provide them above. I am prepared to answer all of these questions at the interview, and we have solid reasons for relocating to the states over Canada. I appreciate that you're trying to help and give me a "dose of reality" but please do not assume we are completely naive and unprepared.

- we don't plan on needing a car. We will be living in a city centre and near public transport.

Yes, physically living in the USA overrules everything. Because he would be living there, you would take a new I-864 with any proof of his domicile.

will he go to school fulltime? I know people do have part time jobs and go to school fulltime, but depending on the course, he very well may not be able to do that without his school work suffering.

I don't think the previous poster was assuming you are naive, just letting you know the questions the CO will ask. The CO WILL think you haven't a clue until you present evidence that you don't. That's their job. In immigration it is guilty until proven innocent unlike law.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Yes, physically living in the USA overrules everything. Because he would be living there, you would take a new I-864 with any proof of his domicile.

will he go to school fulltime? I know people do have part time jobs and go to school fulltime, but depending on the course, he very well may not be able to do that without his school work suffering.

I don't think the previous poster was assuming you are naive, just letting you know the questions the CO will ask. The CO WILL think you haven't a clue until you present evidence that you don't. That's their job. In immigration it is guilty until proven innocent unlike law.

Right. So even if he goes and is still living with his dad, a bank account, state ID, and his physical presence in the US will suffice?

The other option we have at this point is that he goes on a quick holiday and comes back (so as to not have to quit his job here yet) and gets a bank account and state ID. He has the required documents for both of those things. Would it potentially look suspicious that he just spent a few days there, gathered some documents, and left again, or would that be okay probably?

I honestly don't know. He'll be going to school fulltime, I know that he'd get a job if he felt he could handle it but that's entirely up to him, and his dad will be supporting him through school while I work. He will be getting a job between when we move and he starts school, since that won't be until September, though. He's trying to get his employer here to possibly transfer him or give him a job offer but it's a longshot.

You're right, I totally jumped the gun on that accusation out of stress, I apologize if I came off too defensive, I do appreciate everyone's help.

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~~~Similar topics merged.~~~


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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I just want to thank everyone for their help here. After reading your responses, we've decided that my partner will fly out to the US next week for a few days and get a bank account, driver's licence, and hopefully some form of bill in his name. In addition to what we already have, we're hoping this will be enough. We will still be able to provide proof that he's quitting his job here and moving, it just won't be until the end of Jan (two weeks after interview) which is when he will return to live permanently in the states. So he will be in the UK during my interview but only for 2-3 weeks while finishing his work contract and then leaving again.

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I just want to thank everyone for their help here. After reading your responses, we've decided that my partner will fly out to the US next week for a few days and get a bank account, driver's licence, and hopefully some form of bill in his name. In addition to what we already have, we're hoping this will be enough. We will still be able to provide proof that he's quitting his job here and moving, it just won't be until the end of Jan (two weeks after interview) which is when he will return to live permanently in the states. So he will be in the UK during my interview but only for 2-3 weeks while finishing his work contract and then leaving again.

I think this is a really good idea. I wish you the very best at your interview. :)


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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