USC filing for Canadian Spouse - class of admission and domicile questions

[Ksamwise20 4]

1.) Is it okay to leave a whole section blank on the e-filing of the I-130 online? The whole "beneficiary's class of admission" section does not apply to us. Just nervous leaving it blank vs doing an N/A on each blank. 
 

2.) For those who have applied via Montreal consulate, is it possible for the kids (will be US citizens through CBRAs) and I to stay in Toronto with my Canadian husband up until he gets his visa? I am a stay at home mom so no income, and my dad will be our co-sponsor and he has a rental house by their house ready for us to move into whenever we're ready. 

Edited April 10, 2022 by Ksamwise20

[powerpuff 6,729]

1) per I-130 form instructions:

“Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been married and the question asks, “Provide the name of your current spouse”), type or print “N/A,” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None,” unless otherwise directed.”

https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf
 

2) Montreal is one of the most strict consulates regarding domicile from what I have read. They usually want to see the US citizen already living in the US at the time of the interview or have a formal lease agreement and/or job lined up. See below:

 

 

[Ksamwise20 4]

@powerpuff, I understand to do that for a printed application form, but is it the same for the online submission? 

[powerpuff 6,729]

1 minute ago, Ksamwise20 said:

@powerpuff, I understand to do that for a printed application form, but is it the same for the online submission? 

The instructions apply to both online and printed submissions.

[Ksamwise20 4]

Ok thank you! 
As for domicile, I don't know if this should go in the Canada specific forum but is it uncommon for the USC spouse to stay with the Canadian spouse and kids up until visa in hand? And if it's not, approx how long are you separated for? 

[SalishSea 17,927]

11 minutes ago, Ksamwise20 said:

Ok thank you! 
As for domicile, I don't know if this should go in the Canada specific forum but is it uncommon for the USC spouse to stay with the Canadian spouse and kids up until visa in hand? And if it's not, approx how long are you separated for? 

Montreal is extremely strict when it comes to domicile.  Many petitioners have to move first in order to start a job anyway, so that they are eligible to sponsor immigrants.

[Ksamwise20 4]

2 minutes ago, Jorgedig said:

Montreal is extremely strict when it comes to domicile.  Many petitioners have to move first in order to start a job anyway, so that they are eligible to sponsor immigrants.

I wonder if a notarized lease agreement (will be staying at parents rental house) and a letter from employer stating the work is currently remote and will be transitioned to hybrid/in-person will be enough? 

[SalishSea 17,927]

Just now, Ksamwise20 said:

I wonder if a notarized lease agreement (will be staying at parents rental house) and a letter from employer stating the work is currently remote and will be transitioned to hybrid/in-person will be enough? 

Very much doubt it, but I suggest you read in depth in the Canada subforum for personal accounts of Montreal's domicile requirements.  They are known to be much stricter than any other consulate on this issue.

[Ksamwise20 4]

Oh, that is very unfortunate. I will look into the Canada forum for more information. 

[canadian_wife 1,823]

Montreal is also extremely slow.  If you are to take a chance and there is a delay at the consulate for you to meet the domicile requirement, then expect a VERY long separation. 

 

Good luck 

[pushbrk 12,969]

4 hours ago, powerpuff said:

The instructions apply to both online and printed submissions.

Actually, the part of the instructions to not leave anything blank is an artifact that doesn't work for the new forms.  New forms, whether online or PDF, do not allow entry of data in fields that have been rendered not applicable by checking certain boxes.  Many fields will not accept N/A anyway.

 

When something is obviously not applicable based on previous check boxes or NONE being entered as the name of the first of ZERO children, you can definitely leave the rest of the section blank.

 

As for the class of admission section.  Read those instructions carefully, as that part can be left blank but starting with Passport number, you complete all again.  If there is a passport, there is no travel document.  Pay attention also to the difference between N/A and NONE.  Some questions are applicable, but the answer is NONE.  

[pushbrk 12,969]

2 hours ago, Ksamwise20 said:

I wonder if a notarized lease agreement (will be staying at parents rental house) and a letter from employer stating the work is currently remote and will be transitioned to hybrid/in-person will be enough? 

Lease agreement is good, no need to notarize.  Always the best policy to actually move the USC and perhaps the children before the interview.  Depending on the time of year, you may want to avoid the children changing schools in the middle of the school year, etc.  There may be other considerations as well.

 

[Ksamwise20 4]

4 hours ago, canadian_wife said:

Montreal is also extremely slow.  If you are to take a chance and there is a delay at the consulate for you to meet the domicile requirement, then expect a VERY long separation. 

 

Good luck 

I am still very new to this, when would the separation part happen? After NVC or before Montreal calls you for an interview? 

[pushbrk 12,969]

48 minutes ago, Ksamwise20 said:

I am still very new to this, when would the separation part happen? After NVC or before Montreal calls you for an interview? 

After NVC and before Montreal are the same time frame.  I think what canadian_wife means is that if NVC rejects your evidence to re-establish domicile in the USA, you'll have a delay between that rejection and when you clear NVC, while you actually establish domicile in the USA by moving back.  Avoiding the rejection saves potentially 3 to 6 months, during which time you would likely be separated.  Getting the domicile issue to a condition that Satisfies NVC for Canada is critical, but even then, the Consular Officer can have a different opinion.  NVC does not issue visas.  Consulates do.  Montreal, in your case.

 

[Ksamwise20 4]

18 minutes ago, pushbrk said:

After NVC and before Montreal are the same time frame.  I think what canadian_wife means is that if NVC rejects your evidence to re-establish domicile in the USA, you'll have a delay between that rejection and when you clear NVC, while you actually establish domicile in the USA by moving back.  Avoiding the rejection saves potentially 3 to 6 months, during which time you would likely be separated.  Getting the domicile issue to a condition that Satisfies NVC for Canada is critical, but even then, the Consular Officer can have a different opinion.  NVC does not issue visas.  Consulates do.  Montreal, in your case.

 

I think I understand. If we have my dad as a co-sponsor, submit written lease documents, correspondence with kids new US school, my US bank statements and drivers license renewal and voting info for the NVC stage and if that gets approved, could I move the the US to physically be there (and then travel back and forth to be in Canada) before Montreal schedules an interview?

Just trying to reduce the time that we might be separated as much as possible.