kemijo

Hi all,

FYI, My first thread asking for info on US domicile (and a great many other things) is here:

http://www.visajourney.com/forums/index.ph...p;#entry3411400

My wife had her interview yesterday in Montreal. I'll spill the beans in case it will be helpful for anyone. This is a long, multi-faceted story, but for now I'll try and focus on the interview itself. It might be confusing as I'm leaving out the details that led to some of our actions.

Firstly, the important bit: We were turned down...but very gently I fully expected to not receive the visa yesterday, but in the end what they requested will be easier and faster to get than what I initially assumed might be a problem.

Here's a rough time line rundown of what preceded the interview.

February 17 - mailed I-130 to Toronto Consulate (not sure why, I believe I could have just dropped it off).

Approx end of April (guessing): I-130 interview, and approval

Letter dated May 8: I-130 approval letter, case being sent to Montreal

Letter dated May 22: Packet 3 - Montreal has received our case and asks that we collect the necessary documents

Approx end of August: mailed back Packet 3 saying we have what we need to proceed.

Letter dated Oct 1: Interview scheduled for Nov 3.

We dropped the kids off at their grandparents and drove to Montreal from Toronto (5 and a half hours). After nearly running out of gas at 2:30 am in the middle of B.F. nowhere, we fueled up again and arrived at Travelodge at about 3:30 am, enough to get 3 hours sleep. If you knew what I was doing during the day, you'd know this is much, much worse than it sounds. But that's another story.

The next morning we were at the doors at about 7:15. We were let in at about 7:45. After security we went to an elevator waiting room, and the first three (including us) were taken up the elevator at 8 am.

After a short wait we were called to a window. This was the gatekeeper. He makes sure you have what you are supposed to have before you can proceed. Let's just say that we didn't follow the instructions to a T. He was polite, stern, slightly annoyed but forgiving...had the air of a disappointed father. "Do you have all of your original documents AND a photocopy of each one?" We did not have photocopies. He made sure to let us know that we did not follow the instructions, sighed, and went and did the copies himself. Another thing we were missing was the Canada post mailer envelope. My wife brought one but it was the wrong size. He gave us that look again and said "hang on, let me see if I have one" and returned with a replacement. I am grateful to that guy...he could have turned us away for a few things, but always found a way for us to at least continue. He never changed his demeanor and was always pleasant to speak to. In the end there were two things he told us we would definitely need to send in later.

We need to resend the I-864 from our joint sponsor. We had a bit of a debacle securing one, and ended up going through 3 different people. We aborted the first before receiving anything, a week before the interview. The second sent us everything next day Fedex, but upon reading realized they might be ineligible. As a backup, I secured another one on Sunday, that would have to be emailed and faxed to us. On Monday evening, we literally had our shoes and jackets on while I was printing the last parts of this sponsor's ID before jumping in the car to go to Montreal. In the end, this backup sponsor was the only one that was acceptable, but we need to send in the original.

The second thing we were told we didn't have was a police record from the UK, as we lived there for a couple years. We got one from Toronto where we are from and live now but completely overlooked that we would need one from the UK. Also relatively easy to get.

He specifically asked what we had for US domicile. This is in contrast to another VJ thread where someone had a guy that said he didn't even want to see it. I was relieved when he asked. He also asked if I had filed my taxes, which I have - another long story. I gave him photocopies of my 1040s for 3 years. The sponsor had sent us one transcript (2008), because the IRS screwed up and sent her the wrong ones (!) for the previous years. We didn't have time to get them again, but what we had was enough.

I am most pleased that our proof of domicile was accepted. Some things they looked at more than others, but they seemed satisfied by everything as a whole. We had:

- a lease agreement

- email correspondence from a potential employer (NOT a job offer, but shows that I have been in contact). I also explained that I am in the "highly skilled" worker category with over a decade of experience, and it would be rare for a studio to make an offer for a position so far in the future. They seemed to be ok with that.

- a bill statement from a US cell phone I signed a 2 year contract for (not going to actually use the phone till we get there)

- documentation from HSBC for our application to open a US bank account. This is not the same as a US money account...this account will actually be at a branch in the US. HSBC can open it remotely, but you have to fill out forms, pay $200 US, and it takes some time (approx 20 days) to actually open. Ours isn't open yet but signing up of curse shows intent.

- our kids US passports. I applied for their citizenship at the same time as the I-130. We went to Buffalo and got their certificates of citizenship on Oct 21. While still in Buffalo, I applied for their SSN and got the US cell phone contract. Once we had the certificates we applied for the passports at the Toronto consulate and they arrived in the mail last week, just in time for the interview.

- our kids' SSN receipts...see above.

- a letter from my wife's principal (she is a school teacher) stating tat he is aware of her intent to leave at the end of this school semester pending her acquisition of a visa. I have no idea if they looked at this or not, but it cost nothing.

- moving truck quote from Upack.com

Obviously the lease is the big one, but they did seem to spend time looking at each item. I think it was that we had enough things, and many of them are substantial enough (either cost money, are not easy to get without effort, or both) that it looked complete.

After the "gatekeeper" saw us about 2 or 3 times (asking us to sit in the waiting room between each time) we were asked to enter a small booth room with a lady. She more or less went through everything again. She was VERY nice and personable, and reiterated what we were missing but made it clear that this was minor. She asked when we were moving, and then said "Hmm...I miiiiiiight be able to accept the faxed I-864 if this were the 11th hour before your move...but you'd need the UK police record anyway...moving in January? Pfft, you've got time, no worries." She also said to mail these two missing docs with a letter stating our moving date, so they can prioritize the visa, as they have several thousand to go through. She said it would take about a month to respond to us once we get her what they need, so we should be ok with our plans. She asked us how we met, which I'd guess is just to see the reaction. Most married couples would smile or blush or be embarrassed which is probably the right reaction.

We were finished about 10 am, rejection letter in hand, and couldn't be happier (except for kicking ourselves for totally overlooking the UK police record).

There is SOOOOO much more to this story, as one month ago I thought were ready, and within days I couldn't imagine being less prepared. It's a very good thing I am unemployed as this would have been IMPOSSIBLE to do if I had a full time job. We could have taken months to collect what we needed but we ended up getting it ALL in the last 3 weeks. I had other things/people I was involved with and they all had to be shutdown to get this done. My family kept remarking at how much I am doing in a short period. I've never spent so much money on paperwork in my life...this process can get extremely expensive.

By far though...the main thing that made made it all work was this website in general, and the the responses I got from Trailmix specifically (in the thread I linked to above). She converted my situation from "no chance" to "good chance" and I have no doubt that had she had more info on what we were missing, it could have been even closer. I can't thank you enough for giving me all that info, pointing me to relevant threads, and not giving up when I "thought" I knew what I was talking about. I learned very quickly to just do what you said This would have been a disaster had it not been for your help! You rock!

Anyway that's it...couple more things to do, but the hard part is over. I'll be back when we get approved. If any masochists want more detail of our journey, feel free to ask. Also, sorry if this is convoluted or confusing...I'm beat If anything is unclear just ask.

Ken

Kemijo I've been reading your posts. Wow you are on the ball and busy doing everything you can to get your family to the USA. If you get the job make sure they put it in writing to take to your interview. I was told in one of my posts that they have to go by the current income of the sponsor. Someone else can, I hope, verify this for you. If you also want a back-up sponsor go for it. Don't feel so bad now about not having a job in Canada. Would you have been able to do all this if you had been working?

Good luck to you and your family.

Hi Hotstuff Thanks, but honestly I would not have even been close had it not been for this board, and especially the help from Trailmix. In the end a job offer didn't come in time for the interview. I'm not at all surprised, as in my line of work (film visual effects) people are rarely hired so far ahead of when they'll actually be working. I plan to be in the US in Jan, so I expect real talks to begin by the end of November at the earliest.

They certainly do go by the income of the sponsor, but if it is not sufficient, then you'll need a joint sponsor. In my case I require one since I have never lived or worked in the US. So in some ways, what I make is irrelevant, since my wife's sponsor must meet all the requirements by themselves. My I-864 says I have been unemployed since March, and my current annual income is $0, but my previous three years all qualify.

I've returned from the interview so I'll start a new thread about that and explain how it all went.

Ken

Absolutely I think so, keep your fingers crossed that you don't get that CO

So where are you going to live? Are you staying with family or just taking that month to find accomodation? If the latter - then absolutely I would take correspondence from prospective landlords - the accomodation part seems to be a major factor.

Also don't forget to mention that you just documented your children's U.S. citizenship - I think that's also a good indicator that you have intent to establish domicile.

Yep, all good advice that I plan to do. We're going to LA. It's been a real rollercoaster! My initial sponsor fell through due to lack of time to devote to this so I had to find a replacement at the last second. I've got a lease! A friend of a friend is a landlord, he has a vacant place in San Bernadino that he's willing to rent to us. Very lucky!

You weren't kidding when you said my interview would have been hard had I not found this place! There are still some things that worry me, like the fact that I decided of my own volition to quit a very good job and take the year off, which brings my current income to zero...doesn't seem like such a great idea now And my new sponsor is actually below the 125% for 2008, but she's fine for the rest. I will try and get a backup sponsor, but he'll have to email me the signed forms and docs. Might have a job offer too.

Coming down to the wire now!

Just wanted to point you to the thread below, another Canadian DCFer who had their interview last Thursday, again the domicile issue came up, thought you might find it of interest:

http://www.visajourney.com/forums/index.php?showtopic=224630

Wow, more great information, thanks Trailmix! But this does have me worried. Our interview is on November 3rd, and we're planning on moving in January. Wouldn't it be a little tough to get a lease agreement when we won't be moving for 2 months? Also, in my line of work things happen fast. I don't imagine I'll have trouble getting a job, but it might be difficult to get someone to offer me a job when I won't be there for at least 2 months. but it is possible. It's starting to lool like it's NOT possible to establish domicile without a lease and/or a job offer. I will have a US bank account, a US cell phone service, the moving truck quote, and possibly correspondence from prospective landlords and employers (but not necessarily actual signed agreements or offers). Is there any point in trying unless I have a job offer and/or a lease?

Cancel that, I see it was in your first post!

Yep, using grandparents past residency. I'm happy to inform that our Wednesday trip to Buffalo has been successful and they are now US citizens! I have an appointment the apply for their passports Monday morning - the same day my wife gets her physical for immigration, the same day we intend to open a US bank account through HSBC...the paperwork/phone calls/research/emails/appointments never stops, it's a full time job!

I also was successful in getting a cell phone contract while I was in Buffalo, to use as evidence of establishing domicile. I have an iPhone that I have to pay for and won't be using till I actually move...sigh, every step of this process requires hundreds of dollars. It's insane, but of course worth it.

Yep! While filling out the I-864 it asks for an SSN, and it said it was required. After a quick call to the closest DHS Office (Buffalo), they said it would be faster if I just went in. My wife was a little stunned when I said "Get dressed, we're going to...uh, Niagara Falls. Um...like now!" They mailed it to me within 2 weeks. So yes I already have my SSN card.

We have the interview for our kids to claim US citizenship on Oct 21, at which point I'll try and get a bank account and maybe a cell phone. Although...we'll be driving to Buffalo for the kids interview, but when we move we plan to be in LA. Not sure how that will work...We'll see how it goes, I might have to make an impromptu trip to LA before the interview, or do like you did and open a joint account with someone already in LA.

It's funny, I started this thread about proving domicile, and now the thing I am most concerned about is the tax returns! Sigh, REALLY wish I knew about that sooner!

Once again, thanks for the help!

Trailmix, you are a SAGE! Thanks so much again for all your help. I am gettng things in order to have the IRS process the returns ASAP, but I will bring copies with me as well. Thanks also for both threads on domicile, it's terrible that they were delayed. I am trying to think of as many ways as possible to make that look solid. We've been trying to move to the US for so long, we have pages of email and chat conversations with friends about it. I'm very seriously considering printing some of those for evidence!

Quick question...is it possible to get a bank account, cell phone or drivers license without first having a US address?

Thank you again Trailmix....you're like the Visa Whisperer!

Understood, and it is completely clear now (well, moreso). Upon closer reading, because my returns will be considered "late", I am required to submit an IRS generated transcript documenting my late filing. I will most likely have to either postpone the interview on Nov 3 or receive an RFE (what does that stand for? Request For Enhancement?) asking for the transcripts. As you said Trailmix, it will likely take the IRS several weeks to process, before they can send me a transcript. Does anyone know if it would be faster to go to the interview knowing that I don't yet have enough, or would it be better to request a rescheduling of the interview now?

Thanks again!

Ken

I'm glad you found visa journey because you two would have had a really rough interview otherwise!

Yes, they do need to be U.S. tax returns, they don't want to see your Canadian returns as foreign income is irrelevant (with regard to the I-864).

Aside from that, the I-864 (affidavit of support) states that you must have filed at least the last 3 years returns, you absolutely 100% have to do this. All American citizens are required to file U.S. returns, even if they don't live in the U.S.

I assume you have already filled out the I-864 - but may not have read all the instructions? They are long and they are boring and it is imperative that you read them. You can order tax transcripts from the IRS, however it's probably too late to get them now, since you have to file, mail them and have them processed. All you can really do is submit your 1040s with supporting Canadian income slips at the interview, at this point.

From the I-864 - page 8:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support.

Hi Trailmix, again thanks for your response and advice. Still confused as I am getting conflicting information.

On page 8 - section 25, in paragraph 3, it states:

"Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal tax return with the United States government and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the United States."

Does this not mean that I can in fact use my Cdn tax returns if I have a good reason for not filing US returns? I mentioned in my initial post that I registered as a US citizen for the first time in September 2008. I got my SSN for the first time this year in the summer. I would understand if I was required to submit a US tax return for 2008. I would be shocked if I was also required to retroactively file returns for all previous years. I am hoping this is grounds for not ever having filed a US tax return (or perhaps being exempt from all but the 2008 return). Hopefully based on that they will allow me to use my Cdn tax returns to show my earning potential. By all means please let me know if this makes sense, because if not then this WILL be much harder than I thought.

Thanks again for any insights and corrections, I'm glad I found VisaJourney.com as well! Please let me know if I am wrong about this.

Thanks for the speedy replies everyone!

@ Just Bob:

I was born outside the US (Toronto, Canada) to a USC father. Sorry for being unclear about "acquiring" citizenship...I had edited my response before posting, and "citizenship" previously said "passport." I'm aware that I was a US citizen at birth, but I was only able to "claim" it and receive a US passport in September 2008. As far as my kids becoming USCs through their grandfather, yes they are getting it through me, but my father is involved because I do not meet the physical presence requirements (lived in the US for 10 years, 5 of which after my 14th birthday). In any case it's not relevant to my issue. Sorry if I was misleading. Thanks for the info about the sponsor, that's exactly what I was looking for.

@Malrothien:

Thanks, looks like she beat me to it!

@ Trailmix:

Thank you, again that is exactly the information I was looking for. I think I was given some bad advice by someone in a different department, I was led to believe that I didn't need a co-sponsor. And yes, I plan on submitting tax returns for previous 3 years. However I have never worked in the US...do they need to be US tax returns? I recall reading that they could be foreign tax returns as long as I can explain why I don't have US tax returns, which of course I can.

Now to drop the question on friends/family..."can you support my family on paper and divulge your personal details to me?"

Thanks again everyone, very helpful/reassuring!

Ken

Hi everyone,

*** First some potentially relevant background ***

I am a USC born and living in Toronto, Canada. I acquired my US citizenship in September 2008 (I'm in my early thirties). It was a very complicated affair due to the muddy background of my USC father. We worked together and finally got it, which was by far the hard part.

I've been married 5 years to a wonderful woman born in Canada. We have two awesome young children and are planning on moving to the US in the new year. Currently we are in the final stages of getting everyone their US status. On October 21 we have an interview for the kids to get their citizenship through their USC grandfather. Yesterday we finally received notice about an interview for my wife's Visa in Montreal, scheduled for November 4.

I have a career in computer animation for feature films. When working, I meet the salary guidelines for sponsorship. However in February I decided to quit my job and stay home for many reasons, the most primary being to see my (now 1 year old) daughter more, and to explore other interests. I plan to go back to my computer animation career when I move to the US (most likely Los Angeles). I have many years experience and getting a job shouldn't be a problem, as long as they are hiring. But officially my current salary is $0. We are living with my parents until we move.

*** Whew! Background speech over. Now onto the question! ***

I am concerned about the US Domicile. Currently I am the primary sponsor, because I believe I must be. My mother is a household sponsor, and her salary can cover all of us, so I'm not worried about that. If I understand correctly, I must somehow prove that I have a home or a job or some other ties to the US, before the interview. The problem is that I do not yet have ties to the States besides my citizenship and SSN. Getting studios to agree to hire me so many months in advance would be difficult or impossible. Likewise it is difficult to secure a place to live now when I don't plan to move until January. I was planning on securing both of these in December.

The only things I have in my favour are that a) I have no job here (my wife works however), and B) we own no property. We are essentially waiting to move as soon as we can. We could open a US bank account, but I doubt that would be enough. Am I even eligible to be a sponsor since I am a USC born overseas? Do I need to get someone that is a USC currently living there as a co-sponsor? Do they have to be family? And then do they need to prove that they can support my family? I have a few people in mind that can do these things, but I want to make sure I get it right. Also, since I have sent back DS-230, I have already been named as the petitioner. Is the petitioner always the sponsor? Is it possible to change or add a sponsor now without affecting the interview date? This process is clearly not designed for someone in my situation.

I think that covers it, but if anything is unclear let me know. If I need to secure a home and/or job in the States before the interview, I'll need to move fast!

Thanks in advance.

Ken