Question on proving domicile

[NicholeB 8]

Hi Everyone,  I have just started the process of immigrating my husband to the US.   We live in Canada and have been married 17 years.  We are now wanting to move home to be with my family.   I have the 1-30 ready to send out on Monday morning.   I have a couple questions about the rest of the process.   In specific,  I know I have to prove my intent to establish domcile but when do I send the letter of intent in ?   I see it says that it is good to have enrolled our kids in an American school and a having a job in the US.  My issue with this is we are all planning on moving home at the same time.  How can I enroll my kids in school when we are not down there yet.  Same thing about having a job in the US when I wont be going down until  he is approved.   I do have an active American checking account, credit cards, and my voter registration card.  I will also have a signed lease for a place we will be renting when we first move back. 

[geowrian 22,335]

US domicile, or intent to re-establish it, will be necessary before the visa can be issued. It sounds like you have a year or so before that issue comes up.

 

Montreal is notoriously strict here. Intent alone is often difficult....they do tend to want to see the petitioner actually establish domicile at least a few weeks before the visa can be issued.

The NVC wiki has a number of examples for establishing domicile or intent to establish domicile:

 

[SalishSea 16,769]

52 minutes ago, NicholeB said:

Hi Everyone,  I have just started the process of immigrating my husband to the US.   We live in Canada and have been married 17 years.  We are now wanting to move home to be with my family.   I have the 1-30 ready to send out on Monday morning.   I have a couple questions about the rest of the process.   In specific,  I know I have to prove my intent to establish domcile but when do I send the letter of intent in ?   I see it says that it is good to have enrolled our kids in an American school and a having a job in the US.  My issue with this is we are all planning on moving home at the same time.  How can I enroll my kids in school when we are not down there yet.  Same thing about having a job in the US when I wont be going down until  he is approved.   I do have an active American checking account, credit cards, and my voter registration card.  I will also have a signed lease for a place we will be renting when we first move back. 

Many USC petitioners find they need to move back before their beneficiaries, in order to get the job/domicile sorted.

[Boiler 43,428]

How will you be dealing with sponsorship?

[JFH 12,189]

*~*~*non-DCF question moved to Canada regional forum where this situation is often discussed*~*~*

 

I recommend that you look through the Canada sub-forum where you will find hundreds of posts on the matter of domicile and the Montreal embassy. 

[NicholeB 8]

3 hours ago, Boiler said:

How will you be dealing with sponsorship?

I will be sponsoring him and my mom is co spounsoring. My husband makes the majority of our income and my income is just at the level that sponsorship requirements.  

[Boiler 43,428]

Good that your income will continue.

[NikLR 13,220]

7 hours ago, NicholeB said:

I will be sponsoring him and my mom is co spounsoring. My husband makes the majority of our income and my income is just at the level that sponsorship requirements.  

You income can't be used if it doesn't continue once you move back to the USA. 

[NicholeB 8]

6 hours ago, NikLR said:

You income can't be used if it doesn't continue once you move back to the USA. 

Only a portion of my income will continue, that is why I have my mother has a co sponser.  Her income well exceeds the required amount.  

[NikLR 13,220]

2 minutes ago, NicholeB said:

Only a portion of my income will continue, that is why I have my mother has a co sponser.  Her income well exceeds the required amount.  

Joint sponsor. 

[NicholeB 8]

2 minutes ago, NikLR said:

Joint sponsor. 

Yes, im pretty sure co-sponser and joint sponser have the same meaning.  Thanks for the clarification though.  

[Lil bear 3,831]

31 minutes ago, NicholeB said:

Yes, im pretty sure co-sponser and joint sponser have the same meaning.  Thanks for the clarification though.  

Mmm. For I864 it is joint sponsor as per USCIS..  

Edited September 7, 2019 by Lil bear

[NicholeB 8]

1 hour ago, Lil bear said:

Mmm. For I864 it is joint sponsor as per USCIS..  

I understand that the wording used by USCIS is “joint”. When I said “co” I’m pretty sure everyone understood what I was referring to.  

[Boiler 43,428]

Domicile is likely to be your main issue.

[NicholeB 8]

1 hour ago, Boiler said:

Domicile is likely to be your main issue.

That is what I’m thinking too.  Although i do have a lot of things already to plead my case.  I have a Florida DL, my voter registration, credit cards going to my American account, I’m enrolled in collage in FL, i will have a signed lease agreement , i will also be transferring jobs with the same company ( but i won’t techinally be employmed there until we move) and there are a few other things.  So ilI think as long as i register my kids in the school back home I should be okay.  I have a while before i have to worry about this part but i just want to start getting things in order to be prepared.