Establishing Domicile and Reestablishing Domicile

[trailmix 77]

I wanted to start this thread so that we could perhaps keep all the information we are getting in about domicile in one thread.

I was just updating the other information thread and read a bit from some of the reviews. When I see what some people have been told at their interviews, it is quite appalling.

For instance, Simstar, who had her interview in October, was told by the CO that there was NO way for her to prove domicile as the U.S. citizen was living in Canada. Now they were finally approved after Simstar brought up the reestablishing domicile facts - however the appalling part is that the CO never asked for this information and was prepared to deny them on the spot.

I don't venture in to the other forums here on VJ often, however I don't see a bunch of titles for threads (from other countries) stating - denied! - I happened to be reading a post from a member in the UK and they basically said they didn't really want to see the domicile info. Is it only the consulate in Montreal that has decided to take such a hard line? Or maybe that should be called an invisible line.

Edited November 29, 2009 by trailmix

[brocku00 1]

Thanks Trailmix for starting this forum. I will be sending in my package in a few weeks with our 'new' proof of domicile and that will include:

A new lease (since he took a new job in a new state); his employee contract which states: the company he works for, the area that he is responsible for (New Jersey), his start date and other contractual info; and I'm hoping to get something for the kids school/preschool registration. With the help of INK, I was told to show intent by getting the kids 'potentially' registered with a school/preschool. My problem is that they (twins) are only 4 so they would be going to a preschool, so I guess I will have to contact a preschool in the area and get them to right a letter stating that they could register there if and when they move to the area. Does anyone have experience with this? The twins are American and Canadian so there's no issue with that, but I need help in providing intent to move there and evidence for my children's school. Thanks to INK, he had mentioned that the school that they would be going to would not register them until they lived in the area, so they sent in proof of research on the school. I will defentely call the schools tomorrow and find out.

One last question: If I have the job contract, lease agreement and something from a school, do you think that that would be good enough to send?

Thanks

[trailmix 77]

Hi Brocku,

Well, your husband has 'permanently' moved to the U.S.

The only person that has to prove intent to reestablish domicile is your Husband - by moving to the U.S. he has started that ball rolling. Since your Husband is now resident in the U.S., in my opinion all of your focus should be intent on proving his strong unequivocal ties to residency in the U.S.

These are the items mentioned for establishing residence, in my opinion you will want to have proof of as many of these as you can muster for him, or a reason why you don't have it and when you submit it I would use this guide and mention each and every one:

(1) Opening a bank account;

(2) Transferring funds to the United States;

(3) Making investments in the United States;

(4) Seeking employment in the United States;

(5) Registering children in U.S. schools;

(6) Applying for a social security number; and

(7) Voting in local, state or federal elections.

Plus any extras you can think of. Has he joined a gym, is registered in a course of some kind etc etc.

You are now not trying to prove that you intend to move there, you are trying to prove that he does live there.

Edited November 29, 2009 by trailmix

[Kathryn41 3,205]

The original domicile thread Trailmix started is now pinned at the top of the Canada Forum. In a day or so, after everyone has a chance to read this post I will merge this thread in with that one so all of the information is kept in the same place .

[trailmix 77]

The original domicile thread Trailmix started is now pinned at the top of the Canada Forum. In a day or so, after everyone has a chance to read this post I will merge this thread in with that one so all of the information is kept in the same place .

Oh cool, just noticed it there, thanks Kathryn.

I started this thread because I thought it would be more appropriate because we are talking about different types of domicile now, but I don't mind if we just trash this one.

[jonesg111 0]

An update here on my case, I talked with my wife's senator's office this morning and they sounded helpful. I told the situation to the guy there and he said that Montreal is required to respond to a Senator's request within 2 weeks but normally its quicker then that. I basically told him that we were getting vague and misleading information and needed to know exactly what they want from us.

Once I hear back I'll post what they say. BTW he did ask for the CO's name, so those of you who dealt with this same guy dont hesitate to call your Senator and get him involved, that is what they're there for!

[trailmix 77]

Hey that's good to hear!

Yes, I think sometimes, as Americans in Canada, people forget that they still have a voice, that is still their Government and that they still represent them - will be interested to see what he can find out!

Edited November 30, 2009 by trailmix

[Dan and Ali 3]

Hey that's good to hear!

Yes, I think sometimes, as Americans in Canada, people forget that they still have a voice, that is still their Government and that they still represent them - will be interested to see what he can find out!

Same here -- keep us posted!