Proving Domicile from Abroad - a success story

[sarrobo 18]

Hi everyone,

 

My husband recently had his interview and his visa was approved. We both live in Canada and intend to move together, so I just wanted to share how we went about proving domicile, as I know the process is definitely not easy to navigate or straightforward.  Little bit of background... we've been married 8 years, I immigrated to Canada in 2011 and got my dual citizenship in 2015. It was always our plan to eventually do the reverse process to live closer to my family in the US for a while, so we submitted our i130 way back in December 2016.

 

The AOS is a confusing form and process so I relied heavily on some posts and recommendations from VJ in figuring this out. As I'm still in Canada and will essentially have no income when we move (though I am searching for jobs), we had a joint sponsor - my mom and stepfather (as her household member). On my part, I tend toward erring on the side of providing too much information as opposed to too little, and I wonder if perhaps that benefited me in this process. The end-result was a package that was 49 pages. Here's what I did:

 

On my i864 form, on the back of page 12, I added a note for page 2, part 2, number 3, and in the space provided wrote, "Please see attached package regarding intent to re-establish domicile in the United States." I added a cover letter, titled Additional Information for page 2 part 2 question 3, explaining why I had not moved prior to my husband (stressing that as the primary breadwinner, it would cause us financial hardship for me to precede him in moving, which is the honest truth). I signed and dated this letter, and also itemized a list of contents for what I enclosed in the package. I included...

 

 

1. Bank Statements from a US bank with about $100 in it that I had kept active throughout my stay in Canada, as well as our  proof of US dollar accounts accounts held through RBC. Both statements had a US address on them.
2. Credit card statements with US address (I didn't even change these when I moved as the address was my mother's)
3. Proof of US Voter registration (obtained online)
4. Our current lease agreement in Canada showing an end date of July 2018
5. I knew my husband and I would be staying with family when I arrived, but I wanted it to be official so we drew up a legal lease agreement for New York State online, stipulating a rent amount and terms. It was very easy to find a free version online. I filled in all the details and my husband, mother and I all signed it. I included a copy of this lease.
6. 2 or 3 moving quotes obtained online
7. Correspondence regarding a job interview I had earlier this year that was in the US

 

In hindsight, here were some things that made my life easier: I kept my mother's US address on a bank account and on credit cards. With e-statements, I never bothered to update these when I moved. Additionally, my husband and I keep US dollar accounts with RBC Canada and a joint account with RBC USA, which I was able to put my US address on. I kept up my US voter registration current. Our plan to stay with family made it easy to draw up a lease using a free online template. I had already applied and interviewed for a job and was able to supply the emails setting this up. I didn't get the job, and it was several months ago, but I think it showed that I'm looking and the intent is there. Renting here in Canada meant that we could provide an tentative "end date" of our stay here. 

 

The bottom line seemed to be to me that there just needs to be a plan in place, no matter how tentative. Sure, we are staying with family but creating an open-ended lease with a nominal rent amount specified makes it more thought-out and official. After reading recent reports on here about the Montreal Consulate being very strict about domicile, I was quite nervous. Turns out, they hardly even referenced the materials I had sent in. The interviewer only remarked to my husband that it was "too bad" that I hadn't gotten the job I interviewed for. Our whole trip to the consulate took just over 1 hour - I could hardly believe it. I know this can depend hugely on your interviewer and circumstances, but I just wanted to share what worked for us. Good luck to all!

 

 

[Mr&Mrs G. 903]

Excellent post 

 

I have seen some members reply to questions regarding domicile and some have given the answer "US citizen must return and set up domicile". They always miss the part that says if the US citizen lives abroad all they have to show is "intent to domicile" 

 

You have written a very clear post explaining the way you went about showing your intent.... well done. 

[sarrobo 18]

3 hours ago, Mr&Mrs G. said:

Excellent post 

 

I have seen some members reply to questions regarding domicile and some have given the answer "US citizen must return and set up domicile". They always miss the part that says if the US citizen lives abroad all they have to show is "intent to domicile" 

 

You have written a very clear post explaining the way you went about showing your intent.... well done. 

thanks! And "intent" can be so hard to prove, so it's such a strange process without very clear directions. Just wanted to share in case it helps anyone!