ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat is next?
I know I am doing a DCF but I am still confused. What is the difference between a domicile and residence? I thought they were one in the same. I will look at Dans link, which I think I've already done this morning. It seems that most of the postings I've read deal with Fiance visas and K-3's, which don't pertain to me.


What about domicile? Should I move ahead of him to establish domicile or are my ties to the US (my faimily) enough?
Liane

What you are doing is unofficially called Direct Consular Filing/DCF. Thereis a Guide that Dan gave you the link for, and a forum dedicated to it here. At the top of that forum is a pinned post that explains the specifics for Canadian cases.

Domicile and residence are not the same thing. It's possible that you've been living in Canada but could still have a US domicile. Normally, for Canadians, you are not required to return to the US ahead of your spouse's visa interview.


AmCanNot TellingCanada2006-11-18 18:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat is next?
Geesh, this is complicated. Soooooooo, before my hubby goes for his interview in Montreal, I should have already moved back to the US? I thought somewhere it said, if not living there, must be moving there very soon after the visa approval and if not domicile, must have ties in the US.
AmCanNot TellingCanada2006-11-18 18:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat is next?

Without US domicile it sounds like maybe you should be doing Direct Consular Filing in Canada. You might want to read through the foum to see if that's a smarter, available option for you.


Again, thank you. I will check into it as I have an uncle who works for the IRS. I have had NO income since I moved to Canada as only my husband works. If I do file the tax returns, which will show zero income but will have employement waiting for both of us and with our assets, will that be good enough????

What about domicile? Should I move ahead of him to establish domicile or are my ties to the US (my faimily) enough?
Liane
AmCanNot TellingCanada2006-11-18 18:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat is next?
[quote name='AmCan' post='575620' date='Nov 18 2006, 02:08 PM']I'm so confused and get more and more so after reading many of these postings here. I am not sure what many of the forms people talk about will apply to me either. I am new here and am sure many people have asked these same questions before me, but here I go. I am American, my hubby Canadian. We are applying for his permanent legal resident status in the US without filing the K-3. We have already filed the I-130 at the Am. Consulate in Vancouver yesterday, which they approved and it now goes to Montreal. I know they will send a checklist. Can anyone tell me what happens after that , what forms we need to do, approx. time lines???? Also, some specific questions are:
1. We both live in Canada currently and will sell our house and want to move to the US together but it states that I will need to show proof of domicile in the US before his final interview. Will I have to move ahead of him to establish an address or will proof of ties (all my family) be good enough?

2. On the I-864, will a letter of employment waiting for us suffice (stating wage, etc) or again, will I need to move first and start work. Also, it states that assets will be considered. When we sell our house here, we will have more than enough in assets without employment. Should we use employment and assets?

3. Do we still need to file an I-485?

4. I see people talking about EAD, AOS, etc etc. What are these and will we need them?

5. Does anyone know how much the medical costs in Vancouver? My hubby doesn't have vaccination records as in Canada, they get them in school everyear, when needed. Will this doc know that? If not, what does he do if he needs records?

Any and all info would be very much appreicated! :help:

Thank you,
Liane[/quote]


[quote name='AmCan' date='Nov 18 2006, 02:08 PM' post='575620']
Thank you for your reply Yuand Dan. It was somewhat helpful. But as far as a domicile is conerned, we left the US 5 years ago to take care of his elderly, ailing parents. We were renting in the US. We bought a home in Canada, which we will sell. His folks have now both passed and we are ready to go back to the US. We will buy a home when we move. I still have ties there, no domicile at present time. Also, as far as tax returns, I haven't filed any since I haven't worked since we moved to Canada. So, now what?

Liane
AmCanNot TellingCanada2006-11-18 17:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhat is next?
I'm so confused and get more and more so after reading many of these postings here. I am not sure what many of the forms people talk about will apply to me either. I am new here and am sure many people have asked these same questions before me, but here I go. I am American, my hubby Canadian. We are applying for his permanent legal resident status in the US without filing the K-3. We have already filed the I-130 at the Am. Consulate in Vancouver yesterday, which they approved and it now goes to Montreal. I know they will send a checklist. Can anyone tell me what happens after that , what forms we need to do, approx. time lines???? Also, some specific questions are:
1. We both live in Canada currently and will sell our house and want to move to the US together but it states that I will need to show proof of domicile in the US before his final interview. Will I have to move ahead of him to establish an address or will proof of ties (all my family) be good enough?

2. On the I-864, will a letter of employment waiting for us suffice (stating wage, etc) or again, will I need to move first and start work. Also, it states that assets will be considered. When we sell our house here, we will have more than enough in assets without employment. Should we use employment and assets?

3. Do we still need to file an I-485?

4. I see people talking about EAD, AOS, etc etc. What are these and will we need them?

5. Does anyone know how much the medical costs in Vancouver? My hubby doesn't have vaccination records as in Canada, they get them in school everyear, when needed. Will this doc know that? If not, what does he do if he needs records?

Any and all info would be very much appreicated! :help:

Thank you,
Liane
AmCanNot TellingCanada2006-11-18 17:08:00