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darth vader

Advice needed: How to prepare for proving domicile when applying a second time

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My spouse's IR1 visa was approved in December 2018. We are both Canadian PRs and my spouse is an Indian citizen, hence we interviewed in Mumbai. I had moved to the U.S. ahead of my spouse and started a job before the NVC stage. However, after the visa approval in December our circumstances changed and I had to move back to Canada. My spouse did not use the IR1 visa and it expired. We are planning to move back again ~1.5 years, so thinking of starting the process again. Now, since I am a Canadian PR and have already stayed outside of Canada (~8 months) during last application to prove domicile, I have to maintain residency requirements for Canadian PR making it almost impossible for me to move ahead of my spouse again. I have to maintain my Canadian PR in case our IR1 application is not approved this time around, so we can at least keep living together in Canada as Canadian PRs. I am wondering if I can convince Montreal of my intent to domicile in U.S. without having to move ahead of my spouse?

 

I plan to have the following at the time of interviewing again:

 

1. U.S. driver's license.

2. Voter registration

3. Active U.S. bank account since 2011

4. Active Roth IRA and contributions to it even while living in Canada

5. Signed lease agreement for an apartment in the U.S.

6. Moving quotes

 

I will try my best to secure a job offer before the interview, so depending on how well it goes, we can add the following to the list as well:

 

7. A valid job offer from a U.S. employer to be started at a later date than the visa interview OR proof of extensive job search in the U.S.

 

Additionally, I can arrange for the following as well, if absolutely required:

 

8. A buying agreement of my parent's condo since they are planning to sell it around the same time

 

My question is that the fact that I had actually moved to the U.S. before (during previous IR1 application) and established domicile last time even though I was already a Canadian PR, would work in my favor to show I actually plan to move to the U.S.?

 

What else can I do except actually moving ahead of my spouse to convince Montreal? Should we interview in Mumbai again? Has Mumbai ever rejected someone for domicile? I'd rather stick to Montreal to save the flight costs to Mumbai.

 

I know there is a separate thread about this but I ask this questions separately since this is my second application so my circumstances are quire different than most applicants here. Hence please provide your advice here.

 

Inviting @NikLR, @Ontarkie, @trailmix, @pushbrk to answer.

 

Thanks in advance!

 

 

Edited by darth vader

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I'm going to be blunt, your bar for proof of establishing residency has just been raise. I highly doubt Montreal will except anything but you moving back before the interview. 


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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3 minutes ago, Ontarkie said:

I'm going to be blunt, your bar for proof of establishing residency has just been raise. I highly doubt Montreal will except anything but you moving back before the interview. 

Because we did not move last time even after approved visa?

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30 minutes ago, Ontarkie said:

I'm going to be blunt, your bar for proof of establishing residency has just been raise. I highly doubt Montreal will except anything but you moving back before the interview. 

It actually seems to be arbitrary based on officers discretion. Another member on VJ who also came back to Canada after moving to the U.S. on IR1 tells me that when they applied the second time around for IR1 in 2017 the domicile part was quite easy for them even though they didn't move ahead of their spouse.

 

I have couple of follow-up questions:

 

1. Can NVC deny the petition if the petitioner doesn't move ahead of the beneficiary to the U.S. Assuming all other proofs for intent to domicile are provided such as driver's license, U.S. bank account, job search etc.?

 

2. When they deny you for domicile and give you 221g, and you move back to the U.S. how long does it take to get the visa approved once sending the proof of moving back? I have researched and found that it takes 2-3 months. Have we seen someone take longer than that for resolving domicile 221g in Canada?

Edited by darth vader

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31 minutes ago, darth vader said:

Because we did not move last time even after approved visa?

Yes and because of the timing of it all. 


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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7 minutes ago, darth vader said:

It actually seems to be arbitrary based on officers discretion. Another member on VJ who also came back to Canada after moving to the U.S. on IR1 tells me that when they applied the second time around for IR1 in 2017 the domicile part was quite easy for them even though they didn't move ahead of their spouse.

 

I have couple of follow-up questions:

 

1. Can NVC deny the petition if the petitioner doesn't move ahead of the beneficiary to the U.S. Assuming all other proofs for intent to domicile are provided such as driver's license, U.S. bank account, job search etc.?

 

2. When they deny you for domicile and give you 221g, and you move back to the U.S. how long does it take to get the visa approved once sending the proof of moving back? I have researched and found that it takes 2-3 months. Have we seen someone take longer than that for resolving domicile 221g in Canada?

NVC won't deny it at that point, it would be Montreal. Yes if you get a 221g you will get a chance to give them what they want. They are just slow expect anything from a couple weeks to 8 weeks once you send them what they want. 

 

Definitely not impossible to overcome just be prepared, it's all you can do. 


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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1 minute ago, darth vader said:

Thanks for the reply and sorry for dumb question but what do you mean by timing of it all?

From getting the visa, not using it and than back to Canada in such a short period of time. All you can do is be honest and hope for the best. 


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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