How to navigate NVC stage?

[darth vader 133]

My USC spouse lives in Canada with me. We know that at the time of interview Montreal likes to see hard evidence of USC already moved to U.S. However I am wondering if NVC ever causes any issues? I am guessing the address for USC petitioner in i-864 will be a Canadian one since my USC spouse lives here with me.

 

1. Since the pandemic can cause very significant delays from NVC to interview stage, we do not want to even begin applying for U.S. jobs after I-130 approval. What "evidence" does one usually provide at NVC stage?

 

2. Can NVC deny your case for lack of "intent" to reestablish domicile? Has it ever happened to anyone?

 

3. Can NVC ask for more evidence of "intent to reestablish domicile"? If so, how long of a delay does it add?

 

We really dont want my USC spouse to move a year ahead of me. Can you please help on how do we navigate the NVC stage? We plan for my spouse to move to U.S. (with or without a job) at least a month before the interview date, so we will have all evidence of domicile (apartment lease, drivers licence, quitting Canadian job etc.) at the time of the interview.

 

@NikLR, @pushbrk @Lemonslice @Ryan H please advise.

Edited December 22, 2020 by darth vader

[Joel Alcaraz 4]

1. Since the pandemic can cause very significant delays from NVC to interview stage, we do not want to even begin applying for U.S. jobs after I-130 approval. What "evidence" does one usually provide at NVC stage?

Currently applicants provide financial evidence such as the last 3 years of taxes, employment letters, and paystubs. They also require the beneficiary to submit passport photos and a police report from every country the beneficiary has lived in for over 12 months since they were 16.

 

2. Can NVC deny your case for lack of "intent" to reestablish domicile? Has it ever happened to anyone?

We have not heard of anyone being denied for lack of intent, they usually will reject the app and inform the applicant to submit more information before they can send the case over to the Consulate. Once a beneficiary is approved to move to the USA they have 6 months to move or they risk green card abandonment. 

 

3. Can NVC ask for more evidence of "intent to reestablish domicile"? If so, how long of a delay does it add?

Yes, and sadly it really varies. I've seen them request for more info and it took anywhere from a week or up to 3 months to hear back.

[Crazy Cat 41,976]

4 hours ago, Joel Alcaraz said:

Once a beneficiary is approved to move to the USA they have 6 months to move or they risk green card abandonment. 

Not really.  Once the visa has been issued, The visa holder has UP TO 6 months to enter the US (could be less than 6 months depending on the date of the medical exam).  If the visa holder fails to enter the US before the expiration date, the visa will expire.  This is not the same as "green card abandonment".

Edited December 22, 2020 by Lucky Cat

[Ryan H 3,812]

6 hours ago, darth vader said:

2. Can NVC deny your case for lack of "intent" to reestablish domicile? Has it ever happened to anyone?

 

3. Can NVC ask for more evidence of "intent to reestablish domicile"? If so, how long of a delay does it add?

 

Answers:

• The NVC has no say in terms of approval or denial, that is the sole purview of Consulate.
• The NVC can issue a checklist for domicile; however, see my last point, it is ultimately determined by a CO at the Consulate.

[darth vader 133]

2 minutes ago, Ryan H said:

 

Answers:

• The NVC has no say in terms of approval or denial, that is the sole purview of Consulate.
• The NVC can issue a checklist for domicile; however, see my last point, it is ultimately determined by a CO at the Consulate.

Thanks! I have found cases where people were asked for more evidence of "intent to reestablish domicile". However, I wonder if they are not satisfied second time around either do they keep asking for more evidence or can they after some point send the petition back to USCIS for revocation? Basically is there ANY risk of NVC giving up on asking for more evidence and just send the petition back to USCIS, essentially denying it?

[Ryan H 3,812]

On 12/22/2020 at 4:00 PM, darth vader said:

However, I wonder if they are not satisfied second time around either do they keep asking for more evidence or can they after some point send the petition back to USCIS for revocation?

 

They can only do the former, not the latter.

[darth vader 133]

2 minutes ago, Ryan H said:

 

They can only do the former, not the latter.

1. So just to be clear you are saying they will keep nagging you for more proof until they are satisfied?

2. I think legally they can send your file back to USCIS if you take no action for a period of 1 year?

[Ryan H 3,812]

2 minutes ago, darth vader said:

1. So just to be clear you are saying they will keep nagging you for more proof until they are satisfied?

2. I think legally they can send your file back to USCIS if you take no action for a period of 1 year?

 

yes and yes

[T&S_MTL 113]

My wife is living with me in Montréal, Canada and at NVC stage we were asked to upload a document explaining our situation.

 

We wrote a letter explaining when and why the USC moved to Canada, and the actions we are going to take once we can move forward (visa issued). We only plan to move together after the visa is issued.

 

Keep in mind we had driver licence, voter registration and student loan originally submitted for "proof of domicile". So yes they can ask for more. And worse case scenario, they ll come back to you asking for more documents.

Edited December 24, 2020 by T&S_MTL

[darth vader 133]

On 12/23/2020 at 11:52 PM, T&S_MTL said:

My wife is living with me in Montréal, Canada and at NVC stage we were asked to upload a document explaining our situation.

 

We wrote a letter explaining when and why the USC moved to Canada, and the actions we are going to take once we can move forward (visa issued). We only plan to move together after the visa is issued.

 

Keep in mind we had driver licence, voter registration and student loan originally submitted for "proof of domicile". So yes they can ask for more. And worse case scenario, they ll come back to you asking for more documents.

Sorry if this is a stupid question. Can one register to vote if not living in the U.S. Is that legal? If so, do you know the process to register to vote in Pennsylvania? Does one have to be physically in Pennsylvania to register?

 

My spouse is in the U.S. at the moment so anything you can advise we can get done to be later used at NVC stage to demonstrate domicile or intent to reestablish domicile would be great!

[canadavisa22 202]

7 minutes ago, darth vader said:

Sorry if this is a stupid question. Can one register to vote if not living in the U.S. Is that legal? If so, do you know the process to register to vote in Pennsylvania? Does one have to be physically in Pennsylvania to register?

 

My spouse is in the U.S. at the moment so anything you can advise we can get done to be later used at NVC stage to demonstrate domicile or intent to reestablish domicile would be great!

Check your DM as I answered your question there.

 

Registering to vote in the state you last lived in won't help with domicile as that what citizens who live abroad already do. The most important thing for Montreal is your lease and job. Since you don't want to move ahead and get a job first, then you will need a lease. The ultimate decision comes down to the CO at the Montreal Consulate. There's nothing you can do ahead of time to guarantee they will pass you, but if you have all of these things, the fail rate is low. 

All of your questions have been addressed in the thread stickied to the top of the Canada forum. Read through there again. Get a lease with family/a friend in place. 

 

Good luck on the journey.

[T&S_MTL 113]

8 minutes ago, darth vader said:

Sorry if this is a stupid question. Can one register to vote if not living in the U.S. Is that legal? If so, do you know the process to register to vote in Pennsylvania? Does one have to be physically in Pennsylvania to register?

 

My spouse is in the U.S. at the moment so anything you can advise we can get done to be later used at NVC stage to demonstrate domicile or intent to reestablish domicile would be great!

You can vote wherever you are, my wife voted last November, and she was registered in California, where we intend to leave. I have no idea how it works in Pennsylvania.