Jump to content
NicholeB

Question on proving domicile

16 posts in this topic

Recommended Posts

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. 

Share this post


Link to post
Share on other sites

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:

 


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

How will you be dealing with sponsorship?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

*~*~*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. 


 

 

 

Share this post


Link to post
Share on other sites

Good that your income will continue.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
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. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
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.  

Share this post


Link to post
Share on other sites
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. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
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 by Lil bear

Share this post


Link to post
Share on other sites

Domicile is likely to be your main issue.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
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. 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...