> My canada PR status an issue!!! along with a few other things, PLEASE HELP!

[Cowgirl2 0]

I had something similar happen to me.

My husband and I just had our interview for IR1/C1 and they requested more information regarding proof of domicile, proof of source of my funds, US tax 2008 returns, and issue with my Canadian PR status.

With my proof of domicile, we only had our lease agreement with my parents, but my husband and I being a amateur in all this didnt take anything else, thinking that was enough. I plan on sending my drivers license (do I need to send original or copy?), voters registration card, bank statements, car insurance, loan statements, credit card statements, life insurance policy payments. Will that be enough?

Source of funds issue was that the officer wanted to see where I had received my funds from. I was a student until recently so my income wasnt anything but when we got married in 2005 my father had given me a huge amt of money (200k) as a wedding gift, its in our culture to do that. He wanted to see a copy of the wire transfer/check which I didnt have. I will be sending him a copy of the transfer and also a statement from each year since 2005 stating that the moeny was always MINE.

US tax returns I didnt file because I was in school, but he said I have to file them no matter what. I'm getting that done asap.

Canadian PR status he was not happy with. He said I was trying to sit on two chairs at once or something of that sort. I told him that I have already applied for my citizenship and it has been over 6 months and should be receiving it in another 3-4 months, but he wouldnt hear any of it. He said that I have to give up my PR status. I don't know why I should have to do that if I am already elgibile for citizenship and I have already sent in the application and its being processed.

What else should I do? I'm really confused about the Canadian PR status deal because I never thought that could be an issue and suddenly its the biggest issue. Do i have to wait till I become a citizen to resend everything?

Thank you for your time and help!

[Malrothien 6]

I had something similar happen to me.

My husband and I just had our interview for IR1/C1 and they requested more information regarding proof of domicile, proof of source of my funds, US tax 2008 returns, and issue with my Canadian PR status.

With my proof of domicile, we only had our lease agreement with my parents, but my husband and I being a amateur in all this didnt take anything else, thinking that was enough. I plan on sending my drivers license (do I need to send original or copy?), voters registration card, bank statements, car insurance, loan statements, credit card statements, life insurance policy payments. Will that be enough?

A lease agreement is not enough proof, unfortunately. The problem I see with what you consider to be proof is - this was all pre-established accounts/loans, correct? On the I864 there are two categories - continued domicile (ala not having gotten your Canadian PR) or re-establishing domicile which none of those things count towards. You need to do things such as open a new bank account, register to vote where you will be living, get a job, get a library card in the area you will be living - things such as that.

Source of funds issue was that the officer wanted to see where I had received my funds from. I was a student until recently so my income wasnt anything but when we got married in 2005 my father had given me a huge amt of money (200k) as a wedding gift, its in our culture to do that. He wanted to see a copy of the wire transfer/check which I didnt have. I will be sending him a copy of the transfer and also a statement from each year since 2005 stating that the moeny was always MINE.

I'm not sure why he would want this unless you're using that money as assets in which you would need proof of.

US tax returns I didnt file because I was in school, but he said I have to file them no matter what. I'm getting that done asap.

He was right in that regard - you are required to file US taxes regardless of where you live. You could otherwise write a letter stating why you were not required to based on being a student with no income.

Canadian PR status he was not happy with. He said I was trying to sit on two chairs at once or something of that sort. I told him that I have already applied for my citizenship and it has been over 6 months and should be receiving it in another 3-4 months, but he wouldnt hear any of it. He said that I have to give up my PR status. I don't know why I should have to do that if I am already elgibile for citizenship and I have already sent in the application and its being processed.

He isn't upset with you having a Canadian PR. From what I see from what you have posted, you tried to prove that you had never given up your domicile but filing and receiving a Canadian PR card is a huge indication that you did give up your domicile in the US.

What else should I do? I'm really confused about the Canadian PR status deal because I never thought that could be an issue and suddenly its the biggest issue. Do i have to wait till I become a citizen to resend everything?

It isn't an issue. The only issue here is the domicile requirement. Avery, another member who had the same situation, was able to overcome the objection. There is a pinned thread about domicile that contains links to Avery's threads about what evidence she sent in.

Thank you for your time and help!

Thanks for posting this here - I'll reply here for others to see.

[trailmix 77]

edit after reading Mals answer - I didn't notice that you were trying to prove that you were domiciled in the U.S. as opposed to trying to reestablish domicile.

You might want to look at this:

http://www.visajourney.com/forums/index.ph...t=0&start=0

Also this, same thread as above but with links to other's experiences.

http://www.visajourney.com/forums/index.ph...t&p=3538025

Edited December 12, 2009 by trailmix

[trailmix 77]

You could ask a moderator to combine this thread with your other posts/responses if you would like to keep this thread

[Ban Hammer 12,845]

You could ask a moderator to combine this thread with your other posts/responses if you would like to keep this thread

and done. first try doing that, so my apologies if things are out of order.

[Malrothien 6]

Will you make my second post invis then, Charles? Won't make any sense.

[trailmix 77]

go go charles!

[Ban Hammer 12,845]

one post made invisible by request. did i get the right one?

[Cowgirl2 0]

Thanks guys!!! Let the games begin....

[trailmix 77]

Hello,

I'm sending documents to the Montreal consulate to prove the domicile issue like many of you guys (proving re-establishing domicile). I am a Canadian PR holder and have already applied for my citizenship here and do have a document that just came in the mail stating that they received my application and it is being reviewed. I became eligible for citizenship in June 2009. The immigration officer had an issue with my Canadian PR status and he actually manually check marked the sheet which he had already printed (he had typed proof of domicile needed to be met) with "LPR?". My question is that should I send the document showing the processing of my Canadian citizenship stating that moving to the US is not a problem for me/my Canadian PR status, or should I not send anything and ignore the matter as technically it shouldn't be a concern of theirs anyway. Thank you!

I don't know if, based on what you posted happened at your interview, that you can ignore it. That said, I assume you are unwilling to give up your Canadian permanent residency?

I doubt - but I do not know, if sending your Canadian Citizenship processing information will help at all. It doesn't really tell them anything they want to know.

They want to know that you intend to reestablish your domicile - having a pending Canadian Citizenship application, in my opinion, tells them the opposite.

You really have two options here. You can give up your Canadian PR - or you can try to argue your case with them. I would not bother trying to argue your point with the CO that interviewed you though. I suspect is the CO that has denied almost every case of reestablishing domicile he has seen this year.

You may have to contact your senator or congressperson and see what they can find out. Have them ask Montreal if they expect you to give up your Canadian PR. Short of that I don't see what other avenue you really have (unless you move back to the U.S before your spouse).

[trailmix 77]

And this is why I suggest you keep it all in one thread - I just found your other posts from today:

Hey guys,

So I've made the move now to Texas. I'm sending in all the information for proof of domicile as my husband was denied his visa due to my domicile issue. In my letter should I write that I'm trying to prove re-establishing domicile or just proving domicile? Thanks!

I Just, just moved here so I thought it would be better for me to say re-establishing because I dont have proof showing that I've been living here. What do u think?

You should now be under this category.

For the purposes of INA 213A, "domicile" means:

(1) The place where a sponsor has a "residence" (as defined in INA 101(a)(33)) in the United States, with the intention of maintaining that residence for the foreseeable future.

You need to get proof that you are living there. Where are you living? If you are living with family, get them to write a note saying you are living there and what your monthly rent charge is. Do you have a car? Insurance for the car or have it registered?

Open a new bank account. Do you normally go to, say a gym? Or take courses or anything where you have to sign up for it and have proof of that.

If you don't have any proof you are residing there - then you will have to go back to reestablishing domicile, maybe, as the CO may think you are again, just visiting the U.S.

[Cowgirl2 0]

Hi Trailmix! Thanks for putting everything in this post.

These are the things that I have proving re-establishing domicile:

1. updated lease agreement, lease beginning feb 1st

2. new joint bank acct

3. voters registration

4. Drivers license renewed

5. car insurance

6. previous checking and credit card statements showing maintained ties

7. Job offer letter, and that I've accepted the job, starting feb 15th.

8. Upack quote for moving Jan 31st

9. Dental exam part I and II completed, and registeration for the clinical part (I'm a dentist but need to take the clinical to work as a dentist in the US).

Do you think that is enough to prove re-establishing domicile or domicile?

Also, regarding my application pending Candian citizenship...I'm stating the fact that I have already fulfilled my reqs for applying for citizneship so I can permanently leave Canada and stay outside of Canada along with my hsuband who is a Canadian citizen and maintain my PR status till my citizenship is approved as I understood from http://www.cic.gc.ca/ENGLISH/information/a...ides/5445EA.asp I can do that. (I'm enclosing a copy of this website as well and explaining the same in the letter).

What do you think? Thanks.

[trailmix 77]

I think that looks very good, especially the Dental exam and registration and your job confirmation for your new job (congratulations!)

The part that confuses me is why is the lease dated February 1st? You say 'updated' - I assume you mean this is a lease from your family and that you are living with them now? If so, the lease should be dated from, at least, the day you arrived to domicile in the U.S.

[Cowgirl2 0]

Thanks trailmix!

Is the argument that I presented in my previous post enough regarding my Canadian PR situation?

[trailmix 77]

Is the argument that I presented in my previous post enough regarding my Canadian PR situation?

Well, the argument that getting citizenship will enable you to stay out of Canada for an unlimited amount of time - doesn't really hold water. Even as a Canadian PR you are able to stay out of Canada for an unlimited amount of time - as long as you are living with your Canadian spouse.

So it doesn't really change anything. Does the CO at Montreal know that you can live outside Canada with your spouse and maintain your Canadian PR - maybe not, maybe that affected his decision. Since he is short on giving details of how he comes to these decisions, there is no way of knowing what he is thinking.

He said you were trying to 'sit on two chairs' - well you still are (in his view I imagine) - almost being a Canadian citizen doesn't change that either - you already told him that at the interview.

Now whether he is aware of that Canadian immigration rule, I have no idea. All you can do is try and explain it to them and see if it flies.

Maybe he will make a different decision because now you are now living in the U.S. - I don't know.

I did ask you why your lease is only going to be dated February 1st, i'm guessing for some reason you don't want to answer this, and that is ok - you are not on trial - but I just get the feeling there is more to this story.