Need Help with My Situation in Canada (merged)

[acidrain 325]

35 minutes ago, Sonata Arctica said:

And that is why I have started asking questions now, to begin collecting all the documentation that might prove domicile. So far, we have joint bank account statements from a US bank, we can get IRS transcripts showing her mailing address to be in the US, and her credit card statements showing the same US address. We can get a signed lease document from her mom for the property we will be renting from her parents, so that isn't a problem either. What else can I get now? The job offer is not possible because we dont know when the interview will be, or when we will move.

 

I dont earn enough on my own in Canada to maintain a residence here in Calgary. If she quits her job here and moves to the US ahead of me, it might put me on the street, because when she moves, she will need to take most everything that is ours, with her. We have two vehicles and cannot sell either one of them. And then there is this stupid thing about medicals - the closest doctor to me, I have read, is in Surrey, BC, which is a good 10 hours drive away from us. And going there in winter is a challenge. The rest are either in Montreal or in Toronto. How the hell do they expect a Canadian who does not live in these cities to get medicals done without paying an arm and a leg in both time and money? Or are there more doctors that I am not aware of?

Due to my own set of circumstances I have to chat with US customs every time I visit the US. I have gotten into a couple of discussions regarding domicile as my husband moved ahead of me and our son. They have told me our approach while being extremely difficult is the right way. It's very trying, costly and a lengthy process. I wrote our collective grievance to the heads at USCIS to address this very issue. But it sounds like they are not in any position to resolve it any time soon. Not to derail the topic but they really should bring back DCF filing to simplify and speed up the process.

 

It's trying to convince them the US citizen is moving back to the US. Montreal approaches domicile with a higher degree of skepticism. My husband moved shortly after we filed the i130. It took a couple months for him to settle, find a place and a job. It has been costly paying for rent in Canada and paying for his place in the US. If the non US citizen spouse visits the US citizen spouse that person has to prove they are coming back to Canada after the trip is over. I would encourage you to look up "ties" and what that entails. Each spouse has to maintain ties to each country during the process. It takes about 12 months.

 

I am considering flying to Montreal a few days ahead of the interview and getting my medical done there. That way I can do it all in one place. Montreal needs 3-4 days of lead time. You cannot book the medical until after the consulate has booked your interview. It's too bad a person cannot get the medical done in the US as the proximity for many is a lot closer. I feel for you as this process has cost our family a lot of money and months apart. Factor in immigration fees and the flight out to Montreal and it's even more. It's too bad they don't process any Visa's in Vancouver for those of us who live out west.

[Sonata Arctica 2]

1 minute ago, Lemonslice said:

Some of us downsized, or moved in with roommates/family, for a short period before immigrating.  Reduced costs and easier to move.

 

Medical - some go to BC, others just stay a few extra days in Montreal.

 

You mention vehicles - are you planning to import these to the US? Just double check they're meeting import requirements. 

One of the cars is a Skyline, RHD, which I wont be importing, but keeping for a year until it is legal and then go back to the border and import it into the US.

 

For the medical, do I have to have the medical done before or after the interview? And there is this laundry list of vaccinations, the records for which I dont have. I was in Ontario until 2016, and now am in Alberta. I doubt Ontario Health will have my immunization records, as I moved to Canada from Pakistan in 2002.

[acidrain 325]

11 minutes ago, Sonata Arctica said:

One of the cars is a Skyline, RHD, which I wont be importing, but keeping for a year until it is legal and then go back to the border and import it into the US.

 

For the medical, do I have to have the medical done before or after the interview? And there is this laundry list of vaccinations, the records for which I dont have. I was in Ontario until 2016, and now am in Alberta. I doubt Ontario Health will have my immunization records, as I moved to Canada from Pakistan in 2002.

For the chicken pox vaccination requirement I went to my doctor and they ordered a blood test to show I was immune to it. I had never had immunizations for chicken pox as I grew up during the 80's where people just suffered through it. The blood test came back and she printed off a copy. You might be able to do this for a number of vaccination requirements. The test and results were provided to me for free. Otherwise you may have to get the vaccinations again if you cannot provide proof. 

 

Be careful when importing anything to the US. I was going to ship down some of our stuff but was advised against it during the green card process. I was told if you move anything down don't label anything with the non US citizens name. Since technically if you are a non US citizen moving things into the US you may be subject to import fees. It is not until you gain your PR that you are able to import anything as a resident. Whatever you do, do NOT do what we did and rent a U-Haul and attempt to cross with a bunch of your stuff. The non citizen spouse should not accompany the belongings as it will appear as if you are attempting to immigrate. Take my word when I say US customs does not look at that kindly.

Edited January 7, 2018 by acidrain

[Sonata Arctica 2]

6 minutes ago, acidrain said:

For the chicken pox vaccination requirement I went to my doctor and they ordered a blood test to show I was immune to it. I had never had immunizations for chicken pox as I grew up during the 80's where people just suffered through it. The blood test came back and she printed off a copy. You might be able to do this for a number of vaccination requirements. The test and results were provided to me for free. Otherwise you may have to get the vaccinations again if you cannot provide proof. 

 

Be careful when importing anything to the US. I was going to ship down some of our stuff but was advised against it during the green card process. I was told if you move anything down don't label anything with the non US citizens name. Since technically if you are a non US citizen moving things into the US you may be subject to import fees. It is not until you gain your PR that you are able to import anything as a resident. Whatever you do, do NOT do what we did and rent a U-Haul and attempt to cross with a bunch of your stuff. The non citizen spouse should not accompany the belongings as it will appear as if you are attempting to immigrate. Take my word when I say US customs does not look at that kindly.

Got it. Thanks. Guess it is Surrey then. There is a doctor in Surrey, BC who is authorized to do the medicals. I might consider that or even do what you said - stay in Montreal a little longer. But since we have just sent in the I-130 10 days ago, I dont even know what office it will be processed at or how long it would take to get an approval and interview date.

 

If and when we have to send our stuff, I think she will drive the truck herself and take all the stuff with her. I cannot accompany her when she does that, unless of course I maintain my lease here and my job, both of which are not a problem. Or better still, since she can move back to her parents' property, which is fully furnished, she can stay there and then come here once I have my PR and then we can bring everything back in one shot.

 

The issue is with my other car, which is a RHD and will be state legal in 2020. As a PR, I can still drive it in the US for a year and then bring it back to Canada and import it into the US, which is what I intend to do. I will maintain my Canadian license and insurance during this time, and from what I have read, this is legal.

Edited January 7, 2018 by Sonata Arctica

[Lemonslice 4,569]

27 minutes ago, Sonata Arctica said:

One of the cars is a Skyline, RHD, which I wont be importing, but keeping for a year until it is legal and then go back to the border and import it into the US.

 

For the medical, do I have to have the medical done before or after the interview? And there is this laundry list of vaccinations, the records for which I dont have. I was in Ontario until 2016, and now am in Alberta. I doubt Ontario Health will have my immunization records, as I moved to Canada from Pakistan in 2002.

Bolded part, I am not sure I understand - if your vehicle meets the requirements, I do not see any benefits in delaying the importation.  However, if you are not planning to import it, then you will have to check in with your Canadian insurance to see how long they will cover a non-resident.  Most states required new residents to get a local driver's license in 30 or 60 days.

 

Some Canadians on here are very good with all the vehicles rules, I am sure they can assist if you have more questions.

Edited January 7, 2018 by Lemonslice

[jle2234 68]

4 hours ago, Sonata Arctica said:

And that is why I have started asking questions now, to begin collecting all the documentation that might prove domicile. So far, we have joint bank account statements from a US bank, we can get IRS transcripts showing her mailing address to be in the US, and her credit card statements showing the same US address. We can get a signed lease document from her mom for the property we will be renting from her parents, so that isn't a problem either. What else can I get now? The job offer is not possible because we dont know when the interview will be, or when we will move.

 

I dont earn enough on my own in Canada to maintain a residence here in Calgary. If she quits her job here and moves to the US ahead of me, it might put me on the street, because when she moves, she will need to take most everything that is ours, with her. We have two vehicles and cannot sell either one of them. And then there is this stupid thing about medicals - the closest doctor to me, I have read, is in Surrey, BC, which is a good 10 hours drive away from us. And going there in winter is a challenge. The rest are either in Montreal or in Toronto. How the hell do they expect a Canadian who does not live in these cities to get medicals done without paying an arm and a leg in both time and money? Or are there more doctors that I am not aware of?

Unfortunately, you are required to travel to both the medical exam and the interview. Luckily, my hometown is around two hours from Montreal, so the travel was not too costly for me -- I sympathize with the tremendous cost and burden it must be for others.

 

@acidrain I noticed you said that you plan to stay in Montreal between the medical exam and the embassy. I stayed at L'Appartement on Sherbrooke St. W., and I highly recommend it. It's not the nicest hotel I've ever stayed at, but it was perfect for what I needed -- across the street from the medical office, less than 10 minutes walking from the consulate, and had a full kitchen (which I'd guess would be handy for a longer stay). The employees are also VERY kind, and granted me a free late checkout that allowed me to leave all of my things in my room during my consulate interview.

[Sonata Arctica 2]

Im getting the impression that unless my wife gets a job before me going there, thetes no other way to prove domicile. Or ate there more things that we can do? Rental ahreement is not a problem. Banks accounts, taxes filed, etc are not an issue. Its this stupid job thing. We cant afford to maintain two separatehomes for more than a month. But it seems there are at leadt 3-4 months between submitting domicile info and interview and move. I hope someone can shine a ray of hope here.

 

If, as I read before, its about reuniting families, how does causing a separation and putting strain on families financially and emotionally conytibute to it?

Edited January 7, 2018 by Sonata Arctica

[jle2234 68]

4 hours ago, Sonata Arctica said:

Im getting the impression that unless my wife gets a job before me going there, thetes no other way to prove domicile. Or ate there more things that we can do? Rental ahreement is not a problem. Banks accounts, taxes filed, etc are not an issue. Its this stupid job thing. We cant afford to maintain two separatehomes for more than a month. But it seems there are at leadt 3-4 months between submitting domicile info and interview and move. I hope someone can shine a ray of hope here.

 

If, as I read before, its about reuniting families, how does causing a separation and putting strain on families financially and emotionally conytibute to it?

Unfortunately, this is a huge gap in the immigration process. I'm not sure that anyone here will have an answer to make it simpler for you, as it seems that we all went through the same hardship without finding a solution. It is a very difficult process. I certainly empathize with you.

 

One thing to remind you of is that you are able to visit your spouse during the process -- and you can visit for several months, provided the border officer allows you entry to the country. Theoretically, it would be possible to join your spouse in the U.S. as a tourist upon vacating your residence in Canada, and then travel to Montreal for your medical exam and interview. This would require you to spend around 2-3 consecutive months as a visitor in the U.S., which is within the usual allowance.

 

Of course, this strategy comes with significant risk. For example, if you are denied entry to the U.S. or are denied your immigrant visa, you will be left without a place of residence in Canada. Remember, too, that you are at greater risk of being denied entry as a visitor to the U.S. if you do not have strong ties to Canada (ex. no residence). Note that you would also need to stay in Canada for 1-2 weeks following visa approval, as they will mail your passport and visa back to a Canadian address only.

 

This is an option you can explore if you are unable to maintain a second residence -- but I would recommend you do so with caution and care in an effort to mitigate risk.

[NikLR 13,220]

11 hours ago, Sonata Arctica said:

Im getting the impression that unless my wife gets a job before me going there, thetes no other way to prove domicile. Or ate there more things that we can do? Rental ahreement is not a problem. Banks accounts, taxes filed, etc are not an issue. Its this stupid job thing. We cant afford to maintain two separatehomes for more than a month. But it seems there are at leadt 3-4 months between submitting domicile info and interview and move. I hope someone can shine a ray of hope here.

 

If, as I read before, its about reuniting families, how does causing a separation and putting strain on families financially and emotionally conytibute to it?

My husband and I maintained two separate households for over a year.  I dont understand your issue.  She wont even need to have her own place as a lease with her parents is acceptable as is their joint sponsorship.  She doesnt need a job, she needs to LIVE there. If she has a job or proof it will start upon moving, then the proof of employment, place to live, and bank accounts is evidence of her reestablishment of domicile and then she does not need to be living there.   

 

Montreal is strict on the domicile.  That means AT interview, more often than not, it is best for the USC to be living in the USA with evidence supporting that.  The NVC ask for domicile evidence but likely what you have will satisfy it enough for a case complete.   It is the CO you will have to convince.  It is the ONLY thing that consulate is strict about.

 

I lived in Alberta and chose to visit Montreal for a week.  It would have been cheaper to fly twice but Im sure you can find a place cheaper to stay in too than me though.  

[Sonata Arctica 2]

After the application is received and accepted, how does it get assigned to a specific office and when does it get worked on? The progress time shown for an office is based on the date the application was signed by us or is it based on when it was received?

 

Ours just got accepted today and has been assigned to Nebraska office. Wondering what happens now. I wish there was a process flow available with approximate timelines and steps that one needs to take.

 

We got the support part covered now. The only thing that remains is proving the domicile, which I hope can be done even if my wife doesnt have a job in the US yet. It doesnt make sense that they would do that. What if someone is self-employed, work-from-home kind of a professional? What then? Not everyone has a job or wants a job. I am certain there are many ways to prove domicile or the intent to establish domicile. The intent part is very clearly stated, so why would that be limited to having a job for the sponsor?

[Lemonslice 4,569]

23 minutes ago, Sonata Arctica said:

We got the support part covered now. The only thing that remains is proving the domicile, which I hope can be done even if my wife doesnt have a job in the US yet. It doesnt make sense that they would do that. What if someone is self-employed, work-from-home kind of a professional? What then? Not everyone has a job or wants a job. I am certain there are many ways to prove domicile or the intent to establish domicile. The intent part is very clearly stated, so why would that be limited to having a job for the sponsor?

Driver's licence, state ID, correspondence from utilities or government agencies, car registration, recent contracts with vendors, or as a service provider, class/school enrollment in the US... fund transfer to an American bank account and Canadian accounts being closed - all the little things that makes it that you are living in the US.  

[acidrain 325]

1 hour ago, Sonata Arctica said:

After the application is received and accepted, how does it get assigned to a specific office and when does it get worked on? The progress time shown for an office is based on the date the application was signed by us or is it based on when it was received?

 

Ours just got accepted today and has been assigned to Nebraska office. Wondering what happens now. I wish there was a process flow available with approximate timelines and steps that one needs to take.

 

We got the support part covered now. The only thing that remains is proving the domicile, which I hope can be done even if my wife doesnt have a job in the US yet. It doesnt make sense that they would do that. What if someone is self-employed, work-from-home kind of a professional? What then? Not everyone has a job or wants a job. I am certain there are many ways to prove domicile or the intent to establish domicile. The intent part is very clearly stated, so why would that be limited to having a job for the sponsor?

Our i130 got processed at Nebraska and it was a very long wait. It took 287 days to get approved (9 1/2 months). I think they have sped up a bit and are under 9 months for approval. If you get hit with a RFE (request for evidence) that will slow things down even more. A RFE is for things such as passport photos if you forgot to include them or things like translations that are needed for documents.

 

NVC process for Canada was very fast. 3 weeks total from i130 approval. I have waited another 3 weeks for an interview date. Not sure what the hold up is but so far it has been 11 months for me. I am hoping for 12-13 months to have green card in hand. Likely closer to 13 months. Timelines can be hard to establish as it depends on workload and efficiency at the various agencies along with the petitioners organizational skills. I would encourage you to cruise the website as the information is invaluable.

 

I have researched Canada and it appears most cases denied are due to lack of domicile. Which is why we made the difficult decision to split up our family and separate our young son from his dad. It's not fair but it's what many of us had to do unfortunately. They are sticky on providing undeniable proof the petitioner will in fact live there. You can hope for a sympathetic interviewer but from what I can tell there aren't many. I would prepare yourself for a denial if the US petitioner is not living or working in the US (or having US income) at the time of the interview. If denied you have to submit further proof and from what I can tell it can take several months to sort out. There is a thread that discusses domicile in the Canada section that shares past experience.

[NikLR 13,220]

8 hours ago, Sonata Arctica said:

After the application is received and accepted, how does it get assigned to a specific office and when does it get worked on? The progress time shown for an office is based on the date the application was signed by us or is it based on when it was received?

 

Ours just got accepted today and has been assigned to Nebraska office. Wondering what happens now. I wish there was a process flow available with approximate timelines and steps that one needs to take.

 

We got the support part covered now. The only thing that remains is proving the domicile, which I hope can be done even if my wife doesnt have a job in the US yet. It doesnt make sense that they would do that. What if someone is self-employed, work-from-home kind of a professional? What then? Not everyone has a job or wants a job. I am certain there are many ways to prove domicile or the intent to establish domicile. The intent part is very clearly stated, so why would that be limited to having a job for the sponsor?

When has anyone stated that the USC MUST have a job in the USA.  No, Montreal pretty much requires the USC to be LIVING in the USA.  There are certainly ways to provide evidence of that outside of a job.  Forget intent for Montreal, it wont help you figure out that before interview your wife will need to be living in the USA.  As she will be living at her parents for probably a few months to ensure she has evidence she is domiciled, if she's chosing not to work at such time, savings then (in about 10-12 months from now) would be ideal to maintain your two households.

Again, my husband and I maintained to completely separate households for over a year, so I'm sure you two can do it for a few months.  

[jle2234 68]

12 hours ago, Sonata Arctica said:

After the application is received and accepted, how does it get assigned to a specific office and when does it get worked on? The progress time shown for an office is based on the date the application was signed by us or is it based on when it was received?

 

Ours just got accepted today and has been assigned to Nebraska office. Wondering what happens now. I wish there was a process flow available with approximate timelines and steps that one needs to take.

 

We got the support part covered now. The only thing that remains is proving the domicile, which I hope can be done even if my wife doesnt have a job in the US yet. It doesnt make sense that they would do that. What if someone is self-employed, work-from-home kind of a professional? What then? Not everyone has a job or wants a job. I am certain there are many ways to prove domicile or the intent to establish domicile. The intent part is very clearly stated, so why would that be limited to having a job for the sponsor?

Your wife doesn't have to have a job in the U.S. to prove domicile. Lots of people don't work for one reason or another -- for example, a USC who is retired has every right to petition for a family member's immigration. However, a job is one of the most common ways to show domicile because, in most cases, the USC will also need a job in the U.S. to meet the financial requirement for sponsoring immigration.

 

What your wife does have to do is prove that she (and you) will be living in the United States. It is up to you and your wife to prove this -- your interviewer will not grant you any assumptions or reasonable doubt. You MUST prove domicile beyond question... because, as hard as it is to live apart for several months, it will be far worse to go through this arduous, expensive process only to have your visa denied.