Intent to re-establish domicile

[emstat653 0]

My husband and I are both living in Canada with our two kids and about to submit our affidavit of support.  Our lawyer insists we have to say I’m living in the USA at my husband’s interview but says I don’t have to actually live there - just use my parent’s address.  But we refuse to lie.  So we assumed I will have to move there with the kids before his interview.

 

Chat Gpt says we can instead just show that we have intent to reestablish domicile after his visa is approved and move there after with the evidence we have:

-He has a letter from his US employer saying they will hire him directly instead of through an intermediary once he has his visa. 

-I have a US bank account (from before I came to Canada) that we’ve been moving money over into, 

-my voter registration is still active. 

- I intend to get my drivers license and moving quotes, and hopefully have a rental house lined up before the interview.  

Our lawyer insists if we say I’m still in Canada that they will deny his visa.  Is that true?  Do I have to move ahead with the kids, or do we have enough evidence for the interview to show that we intend on moving after he gets his visa?  We don’t want to blow it and get a denial…

[pushbrk 14,440]

1 hour ago, emstat653 said:

 

My husband and I are both living in Canada with our two kids and about to submit our affidavit of support.  Our lawyer insists we have to say I’m living in the USA at my husband’s interview but says I don’t have to actually live there - just use my parent’s address.  But we refuse to lie.  So we assumed I will have to move there with the kids before his interview.

 

Chat Gpt says we can instead just show that we have intent to reestablish domicile after his visa is approved and move there after with the evidence we have:

-He has a letter from his US employer saying they will hire him directly instead of through an intermediary once he has his visa. 

-I have a US bank account (from before I came to Canada) that we’ve been moving money over into, 

-my voter registration is still active. 

- I intend to get my drivers license and moving quotes, and hopefully have a rental house lined up before the interview.  

Our lawyer insists if we say I’m still in Canada that they will deny his visa.  Is that true?  Do I have to move ahead with the kids, or do we have enough evidence for the interview to show that we intend on moving after he gets his visa?  We don’t want to blow it and get a denial…

 

Your lawyer is not completely wrong, but it is not true, in the way you have written it. The first hurdle is NVC accepting your EVIDENCE of your intent to re-establish domicile in the USA.  That comes before the interview.  Your plan sounds good but it needs to be followed "before submitting the I-864" not just "before the interview" or their never will be an interview.  I would add looking into schools for the kids.  It sounds like your Canadian Husband will be continuing employment with the same company.  That evidence is the most important, particularly if it is his income being used to qualify as sponsor.

[emstat653 0]

Actually my parents are co-sponsoring but yes, the letter is key.  And I also have a 401 k, I homeschool my young kids so it will be easy to move over.   I will add that.  So we need to submit that evidence with a letter with the ds260?  Or the aos? Our lawyer isn’t really willing to help us go this route.  He wants us to just say I’m living there in which case do you think I should just move before my husband does?  He just wants us to lie. 

[Ontarkie 15,144]

Wow the lawyer wants you to lie. I know Montreal is very strict is domicile but a lawyer telling you to lie is just nuts.