Filing with all of us outside the US

[geowrian 22,335]

The only thing stopping you from immigrating to the US is a couple months apart to establish domicile?

There are people who wait several years to be together in the US from halfway around the world. One can handle a couple months apart if they want to immigrate.

[dwheels76 5,458]

2 hours ago, mandarines said:

I apology for my not perfect English before you read further.

 

First, we are living in Canada and we are starting the paperwork with immigration Its ready to be sent. A couple month ago my husband posted something and asked questions, we were told that my son and I will need a cosponsor since my husband will have no work when we get there in US  of course with my husband.  So for that its clear we have my husband's friend who will sign for me and my son.

 

Second, we already have a place to live there, my husband own a house. So there is no problem with established domicile, he own a house, he has legal papers for that.

 

I don't see whats Canada has to do with that since we are moving in US. 

 

What could they ask more than legal paper. Him moving there without us its not even an option, even for 2 months. We were separated for years and wont do that again.

 

Might as well just go directly there and filed the paper when I'm in the US, right?

Here is a list of establishing or re-establishing Domicile. Domicile in a nutshell is you showing US Immigration you have every intention on moving back to US. Thank you Saylin for that wonderful Wiki I use all the time.

 

Domicile

Please note, if the petitioner lives with the beneficiary abroad, you'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 3 and 4) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable, of course, to prove that you have, or will re-establish, domicile in the US):

NAME

SOCIAL SECURITY NUMBER

Form I-864

Part 4, Question 5: Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principal residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have a house to live in

• Contacted schools for requirements of things to bring to register my children in school

• Contacted my auto insurance company to find out about re-instating my insurance on my car

• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

• Lease agreement for our house

• Email from schools regarding registration requirements

• Email from my former auto insurance company regarding my inquiry

• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________

[Ontarkie 13,883]

~~Moved to the Canada forum, from IR1/CR1 - As domicile is very strict with Montreal.~~

~~One post removed for TOS Violation and one quoting.~~

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Edited November 6, 2018 by Ontarkie

[dwheels76 5,458]

6 minutes ago, Ontarkie said:

~~Moved to the Canada forum, from IR1/CR1 - As domicile is very strict with Montreal.~~

My bad  missed that. ☺️

[mandarines 0]

46 minutes ago, Ontarkie said:

~~Moved to the Canada forum, from IR1/CR1 - As domicile is very strict with Montreal.~~

~~One post removed for TOS Violation and one quoting.~~

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

?

[NikLR 13,220]

Just to add, it likely would not be a couple months, more like 2-4 weeks. 

[mandarines 0]

5 minutes ago, NikLR said:

Just to add, it likely would not be a couple months, more like 2-4 weeks. 

Ah, thats better. Because living separately was very hard for me but more for my son and I can't imagine going through that again. Few weeks seem fine.

[LloydB 0]

16 hours ago, NikLR said:

Just to add, it likely would not be a couple months, more like 2-4 weeks. 

See, here's the problem.  I'm trying to do something quite responsible and...while this processes...work a second job, building up a big chunk of money for when we get there.   The jobs is seasonal and already set.  Now it appears that everyone is telling me that in order to meet the super-high standards of an embassy that arguably should have the lowest requirements, I'll have to drop all that and dance like a puppet as I dash down to the US to rapidly establish domicile.

 

Obviously this is frustrating.  We've seen things like this before.  Developed nations treat their citizens like garbage as they try to bring their families in.  I had a french class full of people with the exact same problems we'd had.  And now we're just going through it all again

[geowrian 22,335]

I think the reason Montreal is so strict on domicile is because people have abused it given that Canadians have such easy access to the US already. They don't just make up silly requirements without a reason.

 

Immigration is a privilege, not a right. Everybody has to follow the rules and process. Luckily you have the opportunity to bring a family member...many people have no such ability.

[NikLR 13,220]

Call it what you want but we have the largest unguarded border in the world.  It is the ONLY hard part about immigration between Canada and the USA.  So since you can slow a process down quite easily there is zero issues with moving a month ahead of time plus you know your interview date at least a month ahead. We operated two households separately for over a year. It can be done and has been done by many households on VJ and around the world.   

Not wanting to do something and not able to are two different things. Sorry that it is what it is. C'est la vie as you would say. 

[LloydB 0]

OK, so disproportionate requirements aside...

 

(1) Can we somehow specify another interview location that wouldn't require more of us than those immigrating from other parts of the world?

 

(2) If not, we're guessing maybe we should delay our initial filing until about January so I'll have time to finish my seasonal job next year (end of October).  Does that sound about right?  I'd rather have enough  money I'll to move my family and live for several months before I even move.

 

(3) Since my mother is in the household, I think I recall seeing something about having additional family members incomes counted.  Would I be able to count hers as well to just make it look better and like an easier decision?

 

[geowrian 22,335]

5 minutes ago, LloydB said:

(1) Can we somehow specify another interview location that wouldn't require more of us than those immigrating from other parts of the world?

 

(2) If not, we're guessing maybe we should delay our initial filing until about January so I'll have time to finish my seasonal job next year (end of October).  Does that sound about right?  I'd rather have enough  money I'll to move my family and live for several months before I even move.

 

(3) Since my mother is in the household, I think I recall seeing something about having additional family members incomes counted.  Would I be able to count hers as well to just make it look better and like an easier decision?

1. The only place to interview in Canada for an immigrant visa is Montreal. One can have the case handled at another embassy or consulate, but the beneficiary must have legal residence there.
   1. If a DS-160, medical, etc., was already completed, a new one will be needed.
2. You can start the process now and just not go through NVC until you're ready. As long as you check in within a year at NVC, the I-130 should remain active.
3. A qualifying family member (i.e. a parent in the same residence or claimed on taxes as a dependent) can qualify as an eligible household member for an I-864A household agreement. This lets them join incomes/assets with the associated sponsor.
   1. Whether or not they should provide an I-864A is another matter. If you qualify on your own, then I would not subject somebody to the commitments of the I-864/I-864A. If you need their income/assets too qualify, then it makes sense to do so.

[gad33 47]

Happens so often on VJ, people arguing why they shouldn't have to follow immigration requirements because they are special whereas they are just the same as most applicants. In fact more is required of those with special cases not less. It would be better to expend the energy in learning how to complete the process. Oh well.

 

As has been stated, owning a house is not proof of domicile. Many people own houses but do not live in them.  Read the Canada thread on domicile and you will see what is required. There is no need to move a year in advance. Some people move before interview. In our case the USC did not move but we showed proof to reestablish domicile, although that is harder than moving ahead of the interview.

 

There is a wealth of information on here if you care to use it and if you are serious about moving, I suggest you do.

[LloydB 0]

OK, sorry for the delay. 

 

(1) So if I'm reading this right, Apparently we have SOME ability to delay the interview phase.  I had been planning to work a second job next summer to build up some money and being able to delay the interview until after the job was finished is important (October).  Is it correct that we can through action (or inaction) delay or otherwise set the interview to the appropriate time?

 

(2) Since I will apparently have to move to the US before the interview, how far in advance is it suggested/necessary for me to move?  I'm trying to keep the time to an absolute minimum.  Is a week before the appointment enough?  And I assume I don't have to stay there glued to the phone, that I can come back for a few days right after the interview to deal with moving and such.

 

(3) Financial stuff.

 (A) Since my mother is living with us, I can apparently count my mother's income.  She's on a limited budget but the house is paid for.  Anyway, since she earns roughly $20000 per year and this would make a total household (of four people counting me, my mother, and two sponsored family members) income of $32000 easy to reach with even a minimum wage job.  Is my thinking on this correct or would I be required to make the whole amount myself (at least for a family size of 3)?

(B) Just for clarity, if I had no job (this wouldn't be my plan but I'm asking just in case) and my friend co-sponsored (he makes plenty of money) would that be acceptable?

 

Again, we are simply trying to not spend months apart.  We aren't trying to game the system.  And any frustration or misunderstanding is just because we are literally told in black and white on government websites that "you can use option X" only to come here and find that is a blatant lie and be told that I'm wrong, foolish, or attempting some kind of malfeasance for suggesting I should be held to the explicitly stated standard.

[NikLR 13,220]

18 hours ago, LloydB said:

OK, sorry for the delay. 

 

(1) So if I'm reading this right, Apparently we have SOME ability to delay the interview phase.  I had been planning to work a second job next summer to build up some money and being able to delay the interview until after the job was finished is important (October).  Is it correct that we can through action (or inaction) delay or otherwise set the interview to the appropriate time?

 

(2) Since I will apparently have to move to the US before the interview, how far in advance is it suggested/necessary for me to move?  I'm trying to keep the time to an absolute minimum.  Is a week before the appointment enough?  And I assume I don't have to stay there glued to the phone, that I can come back for a few days right after the interview to deal with moving and such.

 

(3) Financial stuff.

 (A) Since my mother is living with us, I can apparently count my mother's income.  She's on a limited budget but the house is paid for.  Anyway, since she earns roughly $20000 per year and this would make a total household (of four people counting me, my mother, and two sponsored family members) income of $32000 easy to reach with even a minimum wage job.  Is my thinking on this correct or would I be required to make the whole amount myself (at least for a family size of 3)?

(B) Just for clarity, if I had no job (this wouldn't be my plan but I'm asking just in case) and my friend co-sponsored (he makes plenty of money) would that be acceptable?

 

Again, we are simply trying to not spend months apart.  We aren't trying to game the system.  And any frustration or misunderstanding is just because we are literally told in black and white on government websites that "you can use option X" only to come here and find that is a blatant lie and be told that I'm wrong, foolish, or attempting some kind of malfeasance for suggesting I should be held to the explicitly stated standard.

1) you dont have to submit documents and go through the NVC stage of the process super fast.  You can delay it out by 2 or 3 years at most.  You still will not get a choice in date.  Remember that even at max speed this process takes 12-14 months as best. 

 

2) you need to move ahead enough to establish domicile.  Can you get a drivers license, bills set up, job started with paystub in a week? Likely not.  Give yourself enough time to do what you need to do. If you dont, it takes more time.  Sending documents to Montreal after the fact (aka after interview) means waiting an indeterminate amount of time for a decision.  You already dont know how long it will take to get the visas returned.

 

3) dont count on minimums.  Use a well qualified joint sponsor. 

 

As per the rest, please link the part where it says anywhere in the documentation you dont need US domicile? Even the I-864 instructions specifically say you must have US domicile.  Just really curious to be honest.