Emails as proof of future US domicile (split)

[T&S_MTL 111]

9 hours ago, Ryan H said:

A common refrain I've seen from posters whose cases also went through Montreal is that to satisfy the domicile requirement, a CO will expect the petitioner to be IN the US.

What if both the petitioner and the beneficiary show emails (setting future job on-site interview with recruiters for example) proving they are actually in the process of moving after the interview/ getting the visa ?

[Penguin_ie 5,984]

*** post split from other thread by other member about another issue.  PLease post questions about your own case in your own thread *****

[Ontarkie 13,913]

On 1/27/2020 at 9:38 AM, Tom & Steph said:

What if both the petitioner and the beneficiary show emails (setting future job on-site interview with recruiters for example) proving they are actually in the process of moving after the interview/ getting the visa ?

Not going to work.  Montreal does not play around. They know all too well that emails, leases and job offers can be broken. When it comes to domicile no other country is a hard as Montreal. You cannot go by what other countries do. 

 

 

 

~~Moved to the Canada forum, from IR1/CR1 P&P - the OP is asking about domicile and this is a country specific question.~~

[T&S_MTL 111]

3 minutes ago, Ontarkie said:

Not going to work.  Montreal does not play around. They know all too well that emails, leases and job offers can be broken. When it comes to domicile no other country is a hard as Montreal. You cannot go by what other countries do. 

 

 

 

~~Moved to the Canada forum, from IR1/CR1 P&P - the OP is asking about domicile and this is a country specific question.~~

So you mean that the best way to go through the interview in montreal successfully is for the USC spouse to come back to the US (my parents in law in our case) and gather documents proving it ? Otherwise there is no guarantee I guess...?

[Ontarkie 13,913]

1 minute ago, Tom & Steph said:

So you mean that the best way to go through the interview in montreal successfully is for the USC spouse to come back to the US (my parents in law in our case) and gather documents proving it ? Otherwise there is no guarantee I guess...?

Exactly. They can move back just before the interview. Get all the necessary documents sent to the spouse before the interview to show they moved back.

[T&S_MTL 111]

7 minutes ago, Ontarkie said:

Exactly. They can move back just before the interview. Get all the necessary documents sent to the spouse before the interview to show they moved back.

I guess the US spouse can move back until the interview letter is received, and it's totally ok to stay together abroad before ?

[Ontarkie 13,913]

Visiting is fine, just make sure it doesn't look like they didn't actually move back. 

[canadavisa22 197]

On 1/27/2020 at 10:38 AM, Tom & Steph said:

What if both the petitioner and the beneficiary show emails (setting future job on-site interview with recruiters for example) proving they are actually in the process of moving after the interview/ getting the visa ?

Domicile thread at the top of this forum and aren't you in the message group? Been discussed quite a bit and several members have had successful interviews without moving back to the US first. You need a formal lease to be approved by Montreal. A job letter would be helpful as well but they want at the very least that lease.

 

Worst case scenario they don't approve and spouse moves to US and submit info they need. This is if you really don't want to be separated at all.

 

Or you can take no chances and move back ahead of the interview. Everyone's situation is different.

[Ontarkie 13,913]

2 hours ago, canadavisa22 said:

Domicile thread at the top of this forum and aren't you in the message group? Been discussed quite a bit and several members have had successful interviews without moving back to the US first. You need a formal lease to be approved by Montreal. A job letter would be helpful as well but they want at the very least that lease.

 

Worst case scenario they don't approve and spouse moves to US and submit info they need. This is if you really don't want to be separated at all.

 

Or you can take no chances and move back ahead of the interview. Everyone's situation is different.

I hope this trend keeps going. Before there would be no way just a lease would be enough. 

[T&S_MTL 111]

4 minutes ago, Ontarkie said:

I hope this trend keeps going. Before there would be no way just a lease would be enough. 

I am no where near the interview date but the fact that it's still a bit like a lottery will probably force us to do it the safe way. My wife will probably move back to the US.

 

The IL is generally received close to the interview date if I'm not mistaken.

[Ontarkie 13,913]

4 minutes ago, Tom & Steph said:

I am no where near the interview date but the fact that it's still a bit like a lottery will probably force us to do it the safe way. My wife will probably move back to the US.

 

The IL is generally received close to the interview date if I'm not mistaken.

Yes I would take the safer approach too. Montreal is real slow when they need documents sent back. It could add a couple months if not approved. 

[carmel34 3,529]

21 minutes ago, Tom & Steph said:

I am no where near the interview date but the fact that it's still a bit like a lottery will probably force us to do it the safe way. My wife will probably move back to the US.

 

The IL is generally received close to the interview date if I'm not mistaken.

Yes you have a very long wait if you just filed a petition.  USCIS for petition approval (can be up to a year or more depending on the service center), then NVC (another 2-3 months) for the DS-260, to upload I-864 and other documents.  And Montreal is very backed up for interviews after the NVC stage has been completed, around 5 months these days if you follow the Canada forum.  So you have about a year and a half to figure out a plan to prove US domicile prior to the interview.  Good luck!

[canadavisa22 197]

1 hour ago, Ontarkie said:

I hope this trend keeps going. Before there would be no way just a lease would be enough. 

A formal lease with no other "proof" might look suspicious but it looks like Montreal is looking at the totality of the situation these days. Hopefully that trend continues. I'll be keeping people updated if we get more people successfully doing it. Unfortunately the sample size is smaller compared to those where the spouse already lives in US.

[Ontarkie 13,913]

@canadavisa22, what is the message group you mentioned? If this is on VJ it would benefit more members to start a thread here in the Canada forum. Having everything in PM hurts others who do not want to Join VJ and those members who just want to read posts.