Proving Intent to Re-establish Domicile for US citizen?

[mllover 0]

Has anyone had their Montreal Consulate (or other consulate) interview and been disapproved for not enough proof of intent to re-establish domicile if the USC has been living outside the US? Please give details!

My USC husband has been living in Canada 4 years. Does not want to move alone to the US, until we are ready to move together. This is supposed to be allowed, but I see a few Consulate reviews that state they were disapproved on not enough intent to domicile.

So far we have looked at apartments in the US and have emails and brochures showing that, established a US bank acct and credit card using his parents US address,

found a friend willing to put us up until we find an apartment and have a letter stating that. Letter from current lease in Canada that we are leaving.

I'd love to hear from anyone who actually did their interview in Montreal with the same circumstances as me.

[LuvIllinois 1]

My USC hubby lives in Canada as a permanent resident with me (he is originally from Illinois) but still crosses the border everyday to work in the States. We live on a border state so he moved to Western NY to be close to me when our original Canadian immigration paperwork was going through 4 years ago.

I highly recommend you get as much as you can because even with all of our evidence (his job, bank accounts, letter from parents...all in the USA), they still gave us a bit of a hard time. We were approved, but there were a few moments when hubby and I were very concerned at the interview...the interviewing officer kept having to go back to the supervisor. If you look through the Canada forum, there is a sticky on Domicile, there have been quite a few denials. Read the entire thread over to see what else the 2 of you can do to start re-establishing so you are not delaying the process further. Best of luck to both of you.

[mllover 0]

My USC hubby lives in Canada as a permanent resident with me (he is originally from Illinois) but still crosses the border everyday to work in the States. We live on a border state so he moved to Western NY to be close to me when our original Canadian immigration paperwork was going through 4 years ago.

I highly recommend you get as much as you can because even with all of our evidence (his job, bank accounts, letter from parents...all in the USA), they still gave us a bit of a hard time. We were approved, but there were a few moments when hubby and I were very concerned at the interview...the interviewing officer kept having to go back to the supervisor. If you look through the Canada forum, there is a sticky on Domicile, there have been quite a few denials. Read the entire thread over to see what else the 2 of you can do to start re-establishing so you are not delaying the process further. Best of luck to both of you.

Thank you SO much! I will try to find and read the thread on Domicile.

1) Did your hubby have a US driver's license to show at the interview? Do you think it helped?

2) Do you think I need to BRING my husband to the interview…would that help? We were not planning on paying for him to fly to Montreal from Vancouver with me…hmmm

He might just have to sign a lease early, just seems like a waste of a few months rent while we wait for my visa to be approved…sort of ridiculous. I mean we are definitely moving.

[LuvIllinois 1]

Thank you SO much! I will try to find and read the thread on Domicile.

1) Did your hubby have a US driver's license to show at the interview? Do you think it helped?

2) Do you think I need to BRING my husband to the interview…would that help? We were not planning on paying for him to fly to Montreal from Vancouver with me…hmmm

He might just have to sign a lease early, just seems like a waste of a few months rent while we wait for my visa to be approved…sort of ridiculous. I mean we are definitely moving.

No problem, it's under the Regional Form: Canada.

1) No, he doesn't have a US DL anymore since he lives in Canada.

2) I don't think he physically has to be there...not really sure if it helped with me or not. I know that's more of an issue when you are applying for a fiance-type visa.

I'm just lucky that we live on a border state and he never gave up his job in the states, even as a permanent resident of Canada. Sounds like you have everything covered, you should be fine. Has he still filed taxes all this time? They will definitely want a 2010 Federal tax return.

Edited August 1, 2011 by LuvIllinois

[mllover 0]

Yes we just filed his back taxes and I have a 2008, 2009 and 2010 form 1040 stamped received by the IRS (drove to the office to file in person in Washington).

We are looking at signing a "lease" with friends of ours just to show intent and a place to stay. I wonder how validly they look at that sort of thing.

Or if it is a legal contract from a lawyer will they consider it good?

Not really sure we can get a legal contract from a lawyer..we'd rather use a free lease template online. But do they question that?

[canadian_wife 1,791]

http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

Keep in mind Montreal is VERY strict about domicile. If you do not have the proper documents, you could delay your visa significanly

Read up on the thread above

Good luck