housewife

good luck, keep us posted

btw, just as a point of referance, accts are not lawyers and vice versa.

The problem sometimes exists when one of them does not want to admit they need to consult the other for proper info. KWIM?

No offense to either attorneys or CPAs just both are good at what they do they just need to consult sometimes.

in that chart, see residential ties = bank account/credit cards

Let me know where the thread is ok

thanks

and again good luck

Good luck let me know how you made out please.

Ask a CA about that moving account stuff, our CA told us to close em up to prove we are no longer residents. Canada taxes on residency and they want your 50% income tax even if you dont' live there. I'm not a CA lawyer but I'm repeating what I was told from our CA

Ok I got it all,

Just please remember one thing, Most of is if not all of us are not immigration lawyers, for me personally, this group, helped me so much that I got the visa for my husband straight through no probs. I come here to "give back" and hopefully help someone like I was helped.

We can't know what the immigration offer that day that you get will be thinking, if it will be enough in his mind. The one thing that the consulate told me when we applied and they gave us a packet on what we need, was that it's all on an "individual case by case basis".

I don't think anyone can say for 100% positive it's ok to go back to Canada for a month. When you come back the guy on the border will either ask a few questions or a lot of questions, but no one here can give that 100% answer.

I know this is difficult and hard. We all stressed. I stressed, I had a business that my partner was pushing me to come down and run, I had a leases on an apartment that we were paying rent for 4 months with utilities and insurance, and I stressed even if I had all the proof and all the paperwork.

Most of us spend a good chuck of change on doing this. I had to pay for translations for my husbands stuff as it was all in french. Certified translations, to the tune of $800. Medical, RCMP clearance, plus the apartment lease, utilities, insurance, etc, etc, all of it, and I still stressed.

There were a good number of us here and we all stressed. I stressed just waiting the two days for the passport to come back even when he was approved. I did a lot of reading on the gov't website. I went over the documents, 100 times, I had it sorted by need. i.e, personal docs, proof of domicle docs, affidavit of support, all of it and I reveiwed that 100 times if not more. I spent months prior researching about repatriating to the USA for myself, about restablishing credit history. I am not an expert and a relocation specialist, but I worked at it for months, probably 2 years if I want to be exact if not longer. The point is you can't have to much information. You can't have to much proof, that is my opinion. I would have stuff certified/notarized. Better to have a letter notarized and accepted than not. But read, go to the gov't websites for US IR immigration and read. You can't have to much knowledge or too much proof at least in my opinion.

Ah yes, adjustmet of status but I always heard that used on this side of the border. Can't confirm that for canada, someone else needs to reply to you.

But keep in mind that the 864 is one thing, and the proof of domicle is another. They are not necessarily combined/connected.

Example. Your wife signs a lease on an apartment in the USA, opens utilities, gets a driver's licence, that is proof of intent of domicle in the USA I did that and that was my proof.

864 was support. Income/assets. I had to show XXXX dollars in a US bank account. That was for the 864. I could have had the domicile but not the money and I would not have qualified. I also bought a business in the USA. My case was unique but I do know that we had to show both.

I could have showed assets in the USA of XXX and no domicle proof and it would not have been enouch.

There are two things. One proof of intent to move, your wife's intention of moving back permanently, and the money/income/asset/support thing. Don't mix the two up. They are seperate issues. They may seem jointly intwined but they are both important. If your wife's father meets the qualifications to sign a joint petition of ther 864, that's great, but you still need domicile proof.

Don't mix up the two. You say that the 864 didn't count because she doesn't have domicile. Be careful. example, even is she had the leased apartment, utilites, etc in her name and the assets werent' enough you would need the 864 from her dad. And Vice Versa, even if the 864 would have been correct, and no domicle you would not have qualified. Please don't tie them together which sounds like you are doing.

You will see that here, on the threads, people had one not the other, or in your case both. Adjustment of Status, they will tell you when they give you green card. It will either be good for 2 or 10 years. My questions is how did you apply originally?? Did you apply for IR or CR and maybe that's why it was changed?? Which form did you use??

I'm confused. I appologize. I don't know if the rules changed from last year We went through interview in January of last year.

AOS = affidavit of support to the best of my knowledge. I lived in canada for over 20 years and never worked in all that time in the US or Canada and all we had to show was XXX amount of money in a US bank account plus our canadian assets and we qualified. I did file my US tax returns but it was not becuase I earned any income so I am confused. Granted I was one of the very lucky ones re the support/assets.

I don't know how long you have to be married to have no conditions meaning the conditions get removed after 2 years. I don't think that is called AOS. We obviously were married for so long that it was not an issue and we had all the proof to show that we live together.

So yo had your interview and they just want the supporting docs as you say. So you have to DHL them. Ok, that I understand. I can't say how long it will take.

Did you do the rcmp police clearance and did they take your fingerprints?? Did you do the medical??? This i all needed before the green card is issued.

Did you go to Montreal already???

Hi there,

Oh my a lot of questios. Again not a lawyer but here it goes,

I dont' know about the 0 rent but I would think a lease is ok. I mean it's her parents. I think a letter saying she is moving back to take care of her mom plus the job offer, is a good thing, I'd get the job offer, can't hurt IMO.

You will need the car thing so I'd get it.

For documents I'd submit a notarized copy of the original. To th best of my memory they didn't take just a copy, but then again, I had the original lease and original bills for my utilities which was enough for them. I did't have a US drivers license yet but then again I had the other stuff so it was enough.

I' confused with all your abrivations for some of your questions.

For the house on the market, I'd do it, I'm a Realtor, so this I can tell you that you can put on MLS through the Realtor that the home is sold on conditons and tell her your conditions that it's not available till June (date).

You need passport. You only submit passport at the end when they approve you at final interview and we had my husband's back in two days. There is something you have to do to track it. We had to go on line and pick the DHL location for our area, and then they sent us a note when it was there and only DH could go with proper ID to get his pasport and in that was the visa and with that was a packet that he had to keep sealed till he moved.

I didn't submit a moving estimate, but everyone here said that it was a good thing to do so I suggest submitting it, again it can't hurt.

PM me

no probs pm me if you need more help info as I don't check here often.

that's what I thought but I didn't wanted you to hear it from the insurance company. that's why I said call your insurance company.

Hi,

First, for the car, you need something from the manufacturer about emissions along with the rest please check.

I am confused why you need to go back to do the deal on your home. We never went back to finialize the sale. It was done in Canada for us by the Real Estate Agent. You don't have to go back if you don't want to.

I suggest you move all your stuff when you move. The moving company I hired did all the paper work listed what needed to be listed, and it went down when we went down. I'm a bit confused as to why you will not move all your stuff when you cross over for "moving".??

In the end what you do will be up to you and the choices you make. I'm not a lawyer, I just know how we did it and how it worked for us.

I don't know if you can or want to do it but this is how we moved.

I hired a moving company. They came and packed for us and did all the labeling, filing of paperwork. They will need a copy of your wife's US passport. They took a copy of mine that's why I say this. They submitted all the paperwork. They came and loaded the moving truck. We told them to not bring it for two days afterwards, which we paid extra for and we paid extra for extra insurance with them. We drove down and we stayed in a hotel and then the next day the moving truck came and unloaded all our stuff. No problems.

We never went back to Canada and frankly we probably never will.

Yes, I would advise having your GC with you when going and you may have to explain why you went back for

month. A few days to sell a home, but while your wife has to show intent to move back to the USA when you move, you need to prove you are making the USA your permanent home.

We kept one bank account (checking) open as the mortgage had to get paid and condo fees till it was sold. When it was sold the paper work went to our accountant from the lawyers and the real estate agent we hired. He did the paperwork. We didn't get the money right away, I think it wa about 8 or 10 weeks but can't remember, as he had to get the clearance from the gov't of canada tax place.

Then the money went into that canadian account. The rest will be up to you and your bank and will depend on who you deal with as to the best way to transfer the money. There is no limit on how much money you can wire transfer. The cost will depend on your bank and the amount you wire transfer.

I will PM you the accountanting firm although I was not in Ontario, but this firm does have an office in Ontario and you should be fine but I'll e-mail you the account we used a he will put you in touch with who you should use in Ontario. He did all of ours and he is doing my husband's canadian taxes for last year that he still has to file.

I'm not sure how to PM though so I'll give it a try.

good luck.

one more thing about your car. You need to do paperwork. You can't just bring in the car and register it. There is stuff you should get before leaving canada. I don't remember all that it was as we decided to sell our cars in Canada and buy new ones when we got here as it was very complicated from what I remember. Had to call car company etc etc.

Please check into that.

I honestly can't say if you will have a problem leaving and coming back.

When we moved, we moved all our personal effects at the time we left with a moving company and we put our condo on the market. It sold a few months later and we didn't have to go back. We gave the Realtor limited power of attorney just for the sale. We did keep one account open so that the money could be deposited in Canada and we had an accountant do the paperwork for the "no tax".

You should consult with an accountant about the documents so that you don't have to pay tax on the home you sell.

Other than that I can't say. The US gov't gives you six months from when they approve you to tie up your affairs, and get your affairs in order so I don't know how they will view it if you go back for such a big length immediately after.

I don't think anyone can really tell you that answer other than the US gov't. I do know that you should check with your accountant regarding taxes for sale of your home (canadian taxes) once you are no longer a resident.

We didn't have to pay taxes although the attorneys had to withhold some monies till the canadian gov't signed off on it all but it got done.

I can't tell you how they will view the intent. I had a lease for our apartment actually in both our names, signed 2 - 3 months in advance of our interview, a US bank accounts, utilities open in my name, with bills showing I paid them renters insuance on the apartment that was reaquired and paid for for the year paid in full. That was enough for us, to prove my intent.

Hi you have cleared up some.

Ok, first, call your insurance company. You can't buy car insurance in the USA without a car. Just because she has a MI license and no car what are you insuring?? The car is what is insured. Call your canadian insurance company and work from that.

Proving domicle. Well my husband was the canaidan and I lived in canada as a landed immigrant. Accepting a job and working at that job is one way, but you need an address. A lease. I signed a lease on an apartment. I don't know what they will accept as there are many forms. Registering your child in school, but I know you need an address. US bank accounts.

One of the most important setp is finaical proof. You must have either XXXX amount in cash and assets or your wife (the american citizen) must have a job and show proof of XXX income.

I can't tell you what that is as it changes according to poverty levels yearly and the # of people in your family. Otherwise you need a joint sponsor.

You won't get your SSI number till you move across the border or your green card.

Yes, putting house on the market is good too.

I will write more later

check out the websites as to what is reqired in the mean time.

I'm sorry I'm a little confused by your questions and statments especially about her driving the car and the insurance.

My suggestion is to call your insurance company for your car in canada and ask if your wife who is moving back to the US temporarily, and will then have a US driver's licence if she will be able to drive your car when she comes back to visit you. I think you need to check with insurance before worrying about this. I am really confused on what you are saying about cars.

You say they rejected bank and credit card statements but then you say she has accounts in the US so I am confused.

It is important that you produce tax returns that were filed. American citizens are required to file tax returns to the US regardless of where they live.

This is what I think are the top 3-4 things necessary.

Proving domicile.

Tax returns filed

income/financial requirements - bank accounts/job

required documents - originals or notarized copies all in english

I'm also confused as to your question about moving? What landing?? Your landing in Canada? Americans are not "landed". We don't use that term so I'm again confused. Your question is very confusing as to green card and SSI

When you get approved in Canada, either conditional or without conditions, you have applied for your green card. You get a temp stamp in your passport, you have 6 months to move across the border. Once you cross, at the POE they take the packet that you will get, and that is how you get your SSI and green card.

Your green card is mailed to you and so is your SSI or you wait 3 weeks and if didn't arrive you go to SSI to check on it. It is mailed to you at the address you provide on your application.

I am the US Citizen and I did this for my husband to move to the USA last year. I don't understand the entering one month earlier to apply?? Apply where? You are applying in Canada for your green card right??

good luck

From what I have read, things haven't changed much. Montreal is very stringent about the domicile/reestablishing domicile issue but the most important thing is that many people were trying to prove the wrong thing - you have probably already realized that by reading this thread.

What they will want you to prove is that you are moving back - however you prove that can be different for everyone.

Things like servering ties in Canada will - a letter from an employer stating the employee has quit their job or will upon approval of the visa. A letter from a landlord or documents proving you have put your house on the market. Since you are unable to come up with an accomodation letter for the U.S. - where exactly do you plan to stay? Hotel? Relative? Short term rental while you house shop? Have some proof of that available.

If you provide enough evidence with the I-864 and if the interviewer has gotten around to reading it beforehand - then they may not ask for anything else.

So many people helped me here, that I think should try to give back.

Trailmix is asking a good question? If you can't get an address proof where will you stay. Your SS card and Green card will be mailed to this address.

I personally signed a lease 3 months before the interview. It had my husband and my name on it, and I opened a US bank account, had to have renter's insurance on the rental, had to have utility open and did all of that. That was enough.

I think you need to be sure to have your "ducks lined up" and as much proof as possible. Someone here gave good advice way back then, and they said, go with as much as you can, if you need all of it, you will have it, if you don't, what harm was it to bring more? (or something like that).

I had so much paper, proving so much but in the end it went very smoothly. Bring copies, bring translations certified by a certified translator. If your documents are in french (Quebec) it needs to be translated by a certified translator, with all the stamps, bells and whistles as I call it. Every paper, page etc. I had more than I needed as I had my husband's birth certificate and his baptism translated to be on the safe side.

Good luck everyone.

Hope everyone who helped me is doing good. Hi trailmix

I'm happy to report that my passport is on it's way! On another post I made, some VJ'ers suggested that it wasn't *true* AP, just possibly meant it was still being processed and it looks like that's exactly what happened. So, our domicile issue was fine, I still suggest that anyone going through this bring as much proof as you can of domicle.

congrats I'm really happy for you , the best of luck in your move and new life.

It's ok don't worry about it, you have a lot on your mind. I get that. It happens to everyone.

I don't frequent much here anymore. This group was very very helpful to me when I was applying for my husband, I had fears and concerns like everyone and the lovely people here helped me a lot so I want to do the same as much as I can for others. I really am grateful to everyone here who helped me.

I hope everything will be ok for you. I hope it's just a mistake. I don't know how it is now, but you had to choose the location of the DHL to pick up your stuff at and you could check on line to see if it was ready/delivered.

I hope you get yours back asap and that it is an error. Good luck to you

Well, if you read my new post, we are in AP

I' sorry, where is your new post saying that??

I really am sorry for you, I was trying to clarify something. I was trying to say that once you got the visa in your passport and the envelope to take to the boarder you were good to go which usually was 2 - 3 days after the interview.

From the way I read your post, it sounded like you got that, but you were waiting for the "greencard" which comes only after moving to the US.

I misunderstood your post.

I am truely sorry you are having this difficulty.

Good luck hopefully it will be resolved soon.

I don't blame you I was there. I wanted to go home too. I was the US citizen my hubby the canadian.

Once he got his passport back and the thick "DO NOT OPEN" manilla envelope we were free to move anytime and we had 6 months do it maximum.

So once you get your passport/visa and envelope you should be good to go. We picked it up 3 days after the interview if I remember.

I moved back home about 5 months ago.

So unless something changed that's how it was for us.

LOL! You are correct. Hope it all goes well as we accepted an offer on our house just 10 minutes ago. Our agent put a clause in there that we can back out if I don't get my GC in hand right away.

For administrative processing, google it with something like US Visa administrative processing or search here on this site and you will read what it is.

If they told you you are approved and you got your passport and a visa which is good for a year, you have 6 months to cross and officially move and in a sealed think envelope that they tell you to hand over to homeland security border patrol I believe then that's all you will get till you cross the border unless they changed something in the last 5 months.

I don't disagree with you what they prefer. My question was about her wanting her "green card" in her hand before she leaves Canada and it doesn't work that way.

You get approved and they put a visa in your passport and you cross the border with that and you get the offical green card mailed to you at your US address so I'm confused what she actually wants in order to move.

to sammyjoe, have your husband apply for a prepaid credit card one that reports to all 3 credit bureaus and use it. Use it and keep paying on time and he will have credit and if he has a job he will soon be able to get a cell phone plan and a credit card.

Unless he still has TD accounts in canada open and/or a canadian amex card and he has a job then he can do that see my last message above this.

Let me know if I can help

with more info

good luck

Hi everyone,

Glad to hear everyone who moved around my time of moveing is doing good. Nice to hear from all.

Update, we are doing well. Husband (the canadian) is so happy and enjoying the quality of life and I'm happy to be home. We both started a new business here together, so I now have 2 small businesiness at the moment and one of which required a course, and a test to get licensed.

Cost of living is so much cheaper. DH still is amazed at the huge difference in cost of living. He says he will have made back the moving expenses in a year or less.

As fo the credit, for us it was easier. For me, I kept one US credit card always no matter how long I lived in Canada so I had credit.

For my husband being with TD Canada and American Express it took about 8 weeks but he got his credit transfered (TD US will as a courtesy do a credit check on active open canadian td accounts and so will Amex) you have to wait till you have a US SS# and you will have a lot of back and forth with proof of stuff but after the inital paperwork it was all ok and my husband now has US credit and all is great. His phone went on mine so frustrated for him but not a big deal as he got the phone immediately.

Be patient. I can say that for us, looking back, no matter how frustrating it was, it went fast. In all of 8 - 10 weeks, DH was all set like he lived here forever.

8 - 10 weeks in the thick of it seems a long time but looking back it seems like we did everything so fast. Good Luck to all and happy moving.

Just wanted to repost my experience with my interview regarding domicile:

I got the "Welcome to the United States" today but as I stated in my title, but we had a bit of a hard time with the domicile issue. USC Hubby resides in Canada with me (as a permanent resident), but from all my research, that does not mean 'domicile'. He still works and banks in the states, files his taxes there every year, plus we had a letter from his parents stating we were free to live with them as long as we wish. Where it got tricky was, he works in NY but we plan on moving to Illinois. Well, his parents in Illinois aren't doing so well in their health...his Dad had heart problems years ago that are resurfacing and his Mom just suffered a heart attack in April. She just had a defibulater put in and had some complications during the surgery. He is an only child and we want to be able to be there for them as I have very little family here in Canada now. She asked if we had proof of their illness, which I didn't bring because I didn't think we'd get so detailed (silly me). That's when DH started to get a bit worried about the whole interview.

I didn't think this would be an issue because nowhere in the description of domicile does it state that we have to have proof of the STATE we intend on living in, only that he still has ties to the USA (which we had more than enough proof of that). We even brought our house sale listing from MLS.CA (already have 2 offers in one weekend, woohoo!) It's a catch 22 really...can't really have him apply for jobs out there and have him risk losing his here since we didn't have any official approval, yet, they want that proof. The company he works for has stores nationally, so he would just be transferring.

Anyway, we still got the approval, but have read about Administrative Processing. Is it possible we can go into this still if they aren't still satisfied (say, they want him to move RIGHT NOW)? If so, how would we know that they need additional proof? Would they have given it in the interview or could it be mailed to us?

I'm hoping it was all sufficient and all I'm waiting on is that green card!

I'm not sure what you are saying. Where are you both living.?

Normally if you are both living in Canada and your husband is a permanent resident as you say, you would be approved in Canada, once you get your passport with your visa in it back it takes about 3 days, then you are good to move. You have if I remember 6 months do so. Then once in the USA you get the greencard at your place of residence. You do not get the green card while in Canada. The visa is your permission to move and they process you when you cross and then you will get your SS# and official green card and another welcome letter.

So I'm not sure what you are asking and where you are living now and where you applied and got approved??