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 14,445]

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 15,148]

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. 

 

 

[pushbrk 14,445]

1 hour ago, emstat653 said:

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. 

 

Don't lie. Your domicile evidence goes with the affidavits of support. Unless and until NVC accepts that evidence, you will  not even be in the queue for an interview in Montreal.  Yes, it is an advantage to go ahead and move ahead of your husband.  The checking into schools was not about your children's education. It's about the domicile issue.  Homeschooling is fine but it will not help with the domicile issue.  You can kind of pseudo move also, in that you can go ahead and get your local driver license, bank account etc. for what (to you) is a temporary stay preparatory to the permanent move.  Firm evidence of your husband's continued employment with the same company's US branch etc. is a key issue do firmly document.

A receipt for moving expenses for a portion of your household items can also be used if practical for you.

[Boiler 48,839]

You have applied for a Family Reunification visa, now it seems some Consulates are not that bothered about domicile, Montreal is.

[Family One 51]

On 4/3/2026 at 3:37 PM, 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…

I will tell you how our case was treated since there are many similarities

• Interview in Montreal
• We were both living in Canada at the time, but had a house purchased in US where we intended to establish domicile. During the application and interview, we made it clear that our newly-purchased, empty, US house was considered our domicile.
• We were also clear that the US spouse was temporarily in Canada with the Canadian spouse, but both of us were intending to re-establish domicile in the US at the same time (there is no need for the US spouse to move beforehand).  Similar wording was included as a note on the application.  This was in no way a hindrance for our application.  (I think your lawyer may need some schooling.)
• We were required to have a US bank account with a high enough balance to cover 3x the federal poverty level.  (Money in Canada didn't count.)  However, this in itself was not considered sufficient support by the interviewing officer even though technically it should have sufficed.  We were required to have a co-sponsor.
• I had a letter from my Canadian employer that my employment could continue when I lived in the US.  The interviewing officer completely disallowed this income from consideration.  If the income wasn't on a US tax return from a US source, it didn't count.  (I understand this could be handled differently by different officers)
• I tried to get a US drivers license, but some (maybe all?) states don't allow that until you are actually residing in the state.  Having a "domicile" for immigration purposes was not sufficient to get a drivers license.
• I had communicated with a school about enrollment, even thought we never intended to send our children there.  That communication was useful, as it was mentioned by the officer at the interview as proof of intended re-establishment of domicile in the US.

Keep in mind that this is a family re-unification visa.  You do not have to tear the family apart to prove that you want to be reunited.  Just make sure that you are clear on two points: 1) where is your domicile (US), and 2) you intend to re-establish domicile together.

[pushbrk 14,445]

The above is all good information to consider.  However, at this stage my advice focuses on getting through NVC and into the interview queue.  Additional steps between DQ and interview can be taken.  It does happen that getting through NVC on support and domicile does not guarantee the same will go that way at the interview.  But, there is a guarantee that if you don't get through NVC there will be no interview.