JobinJo
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Posts posted by JobinJo
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17 hours ago, NikLR said:
This is about USC proving domicile. Your husband's ability to work has nothing to do with YOUR domicile. You are the one who needs to show you have reestablished a home in the USA before interview.
When I had my interview in Montreal last year the officer was very clear that either me (the applicant) or my wife (the USC) getting a job would be sufficient. The goal being not to separate families. As always it depends on the case and the officer and it might be better if the USC gets a job.
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Just now, Loois said:
job offer helps, even if it’s my husband’s only (the non-US citizen)?
and thanks so much, really really appreciate the advice!
According to the officer at the interview it didn't matter who got a job.
I believe that with the job + the other steps you were talking about it should be fine.
Also I know the whole process is scary but being asked for more documents at the interview wasn't as big a deal as I thought it was. I think that delayed us by about 6 weeks. So do as much as you can but don't worry too much
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I believe that with the job offer + apartment + bank account you won't have an issue.
My case was last year and at the interview in Montreal the officer only asked for either and job offer (for me or my wife, didn't matter) or an apartment. But won't hurt to have more
Let us know how it goes !
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My understanding is that the job offer should be enough but if you want to improve your chances find a place to rent where the job is.
In my case after being asked for more documents at the interview, (I didn't have a job offer) my wife and I signed a lease with some short term rental apartment near LA and we figured we'd go live there for a bit before finding something better. In the end we ended up changing our plans and canceled the lease which only cost us the $150 deposit so it worked out pretty well. You could do that and even if you don't end up renting there you're not wasting too much money.
I also sent others documents such as truck rental contracts, end of lease in Canada, end of contracts for our Canadian jobs. Anything that supported the fact that we'd leave Canada and move to the US.
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The list of proof you have seems pretty good and quite similar to what I had so I don’t think you’ll have any problems.
Dont worry too about it. In my case I went to the interview with a lot less than what you have and they just asked me to mail more proofs. I did and then I was accepted. so it’s not the end of the world if they don’t accept you right away. And if they want something more they will be specific about what you need to provide.
But with what you have I think you’ll be ok
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3 minutes ago, Sonata Arctica said:
After reading this whole thread, the most perplexing thing is how do pwople get job offer letters or for that matter a job in the US without actually going there?
My wife is an American citizen and we've lived in Canada since she moved here 4 years ago. She is going back with me, buf it seems that for all practical purposes, she needs to not only apply but also get hired for a future date that is not even certain (you cant know when exactly you will be there in the US). What employer would hire someone over the phone, and will be willing to give a job contract for a job that she will start in a month or so? We are moving to a small town in Wisconsin.
I dont get it. Could someone please explain?
Thank you.
I was struggling with that too. In my case it worked out great once we had a rental agreement along with supporting documents that we were moving (uhaul rental, etc...) there’s always a risk you have to pay rent in the us for a while you still live in Canada but it’s much easier than getting a job.
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To be clear, at the interview the CO told me that the purpose of this visa is to reunite families. Since my wife and I were living together in Canada there wasn't any need for reuniting us. So we had to show that my wife was leaving Canada and returning to the US and therefore we needed the visa to stay together. And he asked for proofs such as a lease agreement or a job contract.
So the USC doesn't have to already be in the US at the time of the interview but you need to prove that the USC is about to permanently return to the US.
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16 minutes ago, Ariaeeb said:
The US citizen has to go to the US before the interview. This is very important. It does not have to be a permanent move, only to fool the officer. I would suggest to go at least a week or two in advance, think about it as a vacation. If you can go two weeks in advance and start working in a temp agency to show you are working in the US that would be fantastic.
Of course you don't have to go back after your interview. You can stay with your husband until the visa is ready.
Good luck.
No the US citizen doesn't have to go to the US before the interview. My wide certainly didn't and the officer knew it.
What I was told is that the USC has to enter the US before or at the same time as the visa holder when they come in to the US to activate. In my case we entered the US at the same time and that wasn't a problem at all.
Having the US citizen already in the US certainly makes it easier as you don't to prove that the USC will return permanently in the US but you have to be separated which is hard. We kept that option as a last resort and we didn't have to do that.
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46 minutes ago, Dina99 said:
Hi everyone,
This is very new to me on a forum.
I am joining today because I do need recommendation and helps from you all about the proof of domicile.
Here are some background of mine.
- Scan date was in June 7th
- Case completed on 9th August
- Now waiting for the interview date.
As I got my case completed, I emailed my lawyer in the USA asking him what documents should I need to be prepare for the interview. And I got a shocking response from him that " If you are not in the USA, you can't petition your husband". I asked him many questions and I asked him why he just told me on? Why not since the beginning of the process? This is really frustrating.
Here are our family background:
- Met my husband in 2005. We were in the same class and University in Cambodia
- 2006, we dated. He told me he loves me and he had to tell me before i left Cambodia and moved to the United State in April 2006.
- 2006 to 2010 we kept in touch wiyh each other all the time via phonecall, Skype, email,ect.
- 2006 December, I went to visit him and my dad in Cambodia for about 1 month.
- 2008, I went to Cambodia visit him and my dad again. It was 3 months if staying there
- 2010, I went to Cambodia again. To visit him and my dad. It was 3 months of staying there.
- 2010, December, my husband came to persuade his MBA in Boston. The main reason he came to the United State at that time is to stay with me because we were so in love with each other.
- 2012, finish his MBA and went back to Cambodia.
- 2012 June, he proposed me on the phone. His parents were not really happy about our marriage since he is a rich family but I am just an average family. So my husband said his parents agreed to our marriage but he has to create a successful business in Cambodia and give the company to his brothers. And I had plan to take care my dad in Cambodia for a while after getting married.
- 2012 August, I flew to Cambodia and we got married in December 2012.
- from 2012 to 2017, I have been with my husband the whole time in Cambodia. We have one Child and he is 2 years old now. My husband ask me not to leave him to the USA he said please stick together and once his business is successful, we will move back to USA and live there forever because we have always planned to settle our family in the US since we agreed on the phone back in 2012 when he proposed me.
- I filed for IV since September 2016 because his business was growing so fast and that he has done his duty that he promised with his parents about creating a successful business and hand it to his brothers so he can leave Cambodia and start our dream in the US.
- I never intend to abandone USA. I keep my bank and transfer money there very often. I have bill from Macy's and Target which I make payment s every months.
- I voted.
- But since 2013 to 2017, I don't work. I stay home and take care my son.
So now the question is I need to proof of domicile in the US. Can anyone had the same situation and know about this give me some recommendations or please tell me about yours same story about the domicile.
I really appreciate your help.
I am so frustrated about this as the interview day is approaching.
Ok so first thing, You're lawyer is wrong. My wife was living in Canada during the whole process and we go accepted. So you definitely can petition.
This post is about the Montreal consulate, but the info is still valid for you.
So you're currently out the USA correct ? What we had to do in my case is to show that my wife (the US citizen) was living Canada and returning to the US. At the interview I had documents proving that my wife still had bank accounts, driver license, voted etc while she was away but that wasn't enough. What they wanted to see is that she is going back to the US permanently. And the officer asked for a job offer or a lease.
So after being refused at the interview we found a short term (4 months) lease in the US, plus some other documents showing that: My wife is leaving Canada (end of lease, end of job contract) and that she is moving to the US (new lease in the US, moving truck, looking for jobs, etc) and that worked out. Here's the whole list of what I sent :
- Statement from my wife (the USC) that she intends to return to the US
- Lease agreement (4 months lease)
- renter's insurance
- contract with electricity company
- Resumes that the USC sent out
- End of our lease in Canada
- USC job contract that end the same month as the lease
- U-haul truck rental confirmation
So I would recommend showing as much as you can. All the documents you have proving you kept ties with the US + something that clearly shows you intend to return. Maybe it's overdoing it because in some cases it seems that just showing proof that you kept ties in the US is enough. I think it's mostly a problem with the Montreal consulate where they want a see more documents.
Also keep in mind that being refused at the interview is not a big deal. They'll just ask for more documents and in our case it took 5 weeks from the interview to getting new documents and being approved. It's a disappointment and a delay but that's it.
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On 6/29/2017 at 10:53 AM, JobinJo said:
That's great ! Good to know it was pretty quick. We're sending the additional documents today. We're sending the following:
- Statement from my wife (the USC) that she intends to return to the US
- Lease agreement (4 months lease)
- renter's insurance
- contract with electricity company
- Resumes that the USC sent out
- End of our lease in Canada
- USC job contract that end the same month as the lease
- U-haul truck rental confirmation
Hopefully that will be enough...
Happy to report the status was changed to 'Issued' today
We ended up sending the documents a little later on July 7th.
- Arrived July 12th
- July 14th, case was updated but status remained "Administrative Processing" which worried me quite a bit cause I was thought it could mean another 221g
- July 25th, case again was updated in the morning but the status was still "Administrative Processing" and was updated to "Issued" a couple hours later.
So just under 2 weeks which is not bad, and also shows "Administrative Processing" means just about everything
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Just now, May2016 said:
That's seems good. For me I had my wife's DL, bank acc., medicare, letter from wife. But he wanted to see the job offer letter.
Yeah I went to the interview with similar documents and they asked for a lease or a job offer.
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On 6/27/2017 at 7:10 PM, May2016 said:
Finally, Ceac status changed to issued today with visa in final processing message. It took about 2 weeks for them to review the additional document. Waiting for the waybill number now. Montreal seems to be doing well on their review cases.
That's great ! Good to know it was pretty quick. We're sending the additional documents today. We're sending the following:
- Statement from my wife (the USC) that she intends to return to the US
- Lease agreement (4 months lease)
- renter's insurance
- contract with electricity company
- Resumes that the USC sent out
- End of our lease in Canada
- USC job contract that end the same month as the lease
- U-haul truck rental confirmation
Hopefully that will be enough...
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Similar to May2016, went for interview on June 16th and I was rejected due to domicile. Our lawyer said it seems like they've become more strict lately. They asked for a job offer for my wife or a lease but I feel like what they want is a job offer. We were planning to start a business once we move there so we're not sure what to do yet. Has anyone been asked to prove residence and was successful without a job offer ?
Proving domicile when not living in the U.S.
in Canada
Posted
My understanding based on my experience is that something like a long stay airbnb wouldn't be enough but as gad33 said, it really depends on which officer you get.
I was lucky enough to cancel my rental agreement without any penalty other than not being refunded a $100 deposit so it worked out great for me but I don't know how it would work with other companies.