IR1/CR1 From Abroad/Petitioner abroad during interview

[corrheag 2]

Hello all. 

 

Thanks for answering my questions so far. I just wanted to mention, that all the questions I asked in my posts are hypotheticals. The only fact right now is that I am waiting for an interview date with the consulate in Montreal. 

 

That said, my spouse initially put through my application while they were in the US. Their residence was, of course, the US. They then came to Canada while the application was being processed in February 2020. They got a Canadian work permit and a job here, as we had a baby. It is not with a US organization, or anything special. They just got a job at a Warehouse. They are still here, though, and they are still working. But they have maintained their presence in the US, for example, they did their 2019 US taxes, maintained their US bank accounts, registered to vote, etc. Our documents were DQ August 2020. 

 

As of June 2020, we will be married for two years. If they are still in Canada whether it is before our two year mark, or after the two year mark, will my spouse being in Canada during my interview with the US consulate be an issue? 

 

Thank you so much. 

[aaron2020 11,651]

Domicile will be an issue.

 

With a Canadian work permit, job in Canada, and living with their spouse and child in Canada, it's going to be hard to prove a US domicile.   

[Crazy Cat 39,677]

Possibly.  The petitioner will have to convince the Consulate Officer that your family will re-locate to the US.  Domicile means actually living in the US.  Anyone can maintain a US bank account from anywhere in the world....just as your spouse has.

Edited January 1, 2021 by Lucky Cat

[corrheag 2]

Very interesting. 

With the US Consulate in Canada, the petitioner is not required to attend the interview. It's actually only me, the applicant that is supposed to attend. This makes sense because the assumption is that the petitioner is abroad. So, I am wondering what the best strategy is other than simply asking them to move back to the US. 

[JFH 12,189]

Whilst living together for an extended period will  help with the bona fide marriage criteria immensely, it will cause an issue on the US domicile requirement and Montreal is notoriously hot on this. 

[JFH 12,189]

2 minutes ago, corrheag said:

Very interesting. 

With the US Consulate in Canada, the petitioner is not required to attend the interview. It's actually only me, the applicant that is supposed to attend. This makes sense because the assumption is that the petitioner is abroad. So, I am wondering what the best strategy is other than simply asking them to move back to the US. 

Most embassies only want the applicant to attend. London, for example, does not permit the petitioner to attend. During COVID-19 restrictions, this is even more the case as embassies do whatever they can to reduce the number of people in the building at any one time. 

Edited January 1, 2021 by JFH

[Crazy Cat 39,677]

4 minutes ago, corrheag said:

So, I am wondering what the best strategy is other than simply asking them to move back to the US. 

Providing solid evidence that the petitioner has already re-located or will re-locate. 

[corrheag 2]

2 minutes ago, JFH said:

Most embassies only want the applicant to attend. London, for example, does not permit the petitioner to attend. During COVID-19 restrictions, this is even more the case as embassies do whatever they can to reduce the number of people in the building at any one time. 

Very helpful. Thank you so much.

 

I see. So, it sounds like the best approach is for my spouse to head back to the US before my interview. Even if it's a month before, they should just head back. Unless I can show job interviews, or maybe a job offer? If I don't have proof of a job, It sounds like the consulate will check to see if they are here in Canada.

[JFH 12,189]

Just now, corrheag said:

Very helpful. Thank you so much.

 

I see. So, it sounds like the best approach is for my spouse to head back to the US before my interview. Even if it's a month before, they should just head back. Unless I can show job interviews, or maybe a job offer? If I don't have proof of a job, It sounds like the consulate will check to see if they are here in Canada.

Moving back to the US before the interview is the best way to demonstrate the intention to re-establish domicile. Separation is no fun, but most of us have had to endure some time apart in this process and the end justifies the means. 

[corrheag 2]

3 minutes ago, Lucky Cat said:

Providing solid evidence that the petitioner has already re-located or will re-locate. 

Sounds like a job offer, or proof of looking for jobs back in the US. Since we have an infant who won't be in school yet. 

[corrheag 2]

1 minute ago, JFH said:

Moving back to the US before the interview is the best way to demonstrate the intention to re-establish domicile. Separation is no fun, but most of us have had to endure some time apart in this process and the end justifies the means. 

Completely understand and I agree with you. 

 

Thank you so much. 

[carmel34 3,538]

In addition to US domicile issues as others have pointed out, there is also the US spouse's financial sponsorship to consider, which has to be based on income from US sources (or sufficient assets) on the I-864, or have a qualified co-sponsor lined up as well.

[corrheag 2]

38 minutes ago, carmel34 said:

In addition to US domicile issues as others have pointed out, there is also the US spouse's financial sponsorship to consider, which has to be based on income from US sources (or sufficient assets) on the I-864, or have a qualified co-sponsor lined up as well.

Definitely appreciate the honest view of the challenges ahead. It's interesting because his i-864 was approved months ago. So, literally, it's just the interview left at this point. I'm looking at the questions asked at the Montreal Consulate on this forum, and they seem to be quite standard, where did you meet, what does your spouse do for a living, etc.  I agree that the best strategy is for my spouse to head back to the US before the interview, but I'm wondering if overthinking can complicate the interview process. 

[Crazy Cat 39,677]

2 minutes ago, corrheag said:

It's interesting because his i-864 was approved months ago.

The Consulate Officer at the interview is the approving authority for I-864 and the visa.

[corrheag 2]

Ah, thanks Lucky Cat. 

 

The NVC makes sure your documents are ready for the interview. And the Consulate Officer looks at everything and decides if you're approved for the visa. For some reason I thought the NVC determines if you need a cosponsor or if your i-864 qualifies, and the interview just confirms your marriage is genuine. So, if this is the case, it would have been easier if my spouse just stayed in the US this whole time. So, in this case, the best thing that could happen is 1) he goes back to his original job he had at the time of petitioning, 2) He gets a job offer in the US/updated i-864 that I can show at the time of the interview, or 3) just goes back before the interview and be positive that things will fall into place, but he may need a co-sponsor.