Rete

Everything you listed sounds good. As for the date issue, I read after my post that you were thinking of coming over in May. Then I would list May as your anticipated date of emigrating back to the US. Note the use of the word anticipated. Nothing will happen if you move before or after as long as the IR visa is still valid.

I'm sorry this has happened to you and it appears that the US Consulates are making it harder for USC to prove they are planning on making the US their principal place of residency. All the things you original gave me, at one time, was plenty to prove the attempt to re-establish domicile in the US.

On a side note, have you obtained your Canadian citizenship? I do hope you have since it would make things much easier for you if you ever wanted to move back to Canada. You know the US, but your husband doesn't, and at some point he might be unhappy here and want to return to Canada. While getting landed status in Canada for a spouse isn't too difficult it makes life so much easier if you have a Canadian passport.

mtlmama

Thanks, Rete. Several people have said that we were just unlucky enough to get that CO.

Re: citizenship - I got mine back in 2002! I also plan to get a CDN passport before we go.

Rete

Apply for it now. It is a bitch to get from the States.

mtlmama

Rete, one question: meauxna had responded to my early post, when I asked about providing proof that says we intend to move in Spring. Here is my quote and her response:

More confusion on my part. I tend to wonder if meauxna's take is true in this instance, as the CO said something about if I had a letter of job offer for a position starting in October (??) that would be all the proof he needed. Like meauxna said, if I tell them I'M (sponsor) moving in May then they can't issue the visa (which is effective upon receipt). Gosh, this stuff is confusing.

Noorah101

If the ConOff will accept a job offer letter for you to start in October (which is past now, anyway), why not do that? You can get the job offer to start in December, perhaps. Then your husband will get the visa, and if he's not ready to move in December, then at least you can. Then he can follow as soon as he's ready.

Rene

meauxna

If your job is starting in October (past?) and you are not moving until May, how is that evidence that you are moving? If it's accepted as sufficient by the CO, fine but if the information is false... ? Do you see the conflict?

mtlmama

I definitely see the conflict. The CO just said October when he suggested a job offer letter as one type of proof I could provide. I thought it was odd, because we were being interviewed on Nov. 4.

Meauxna, from what you had mentioned before it sounds problematic to give them anything other than proof you intend to move imminently. As you said, if you provide proof of your move in May, they can't issue the visa because it is valid upon receipt. (Spouse can't move ahead of sponsor.) A technicality, because he would not move ahead of me anyhow.

Let's say I gather information that is mostly not date-specific, and the few dates I have to provide are for January (moving quote, rental lease, health insurance for January). Visa is approved/received and I decide to remain with my spouse until we have time to finalize our stuff here. Am I in trouble? Can't it just be that I decided to postpone my departure? As long as we do POE together??

meauxna

No, I think you misunderstood where I was going with my comment...

I recommend that you don't give evidence or the impression that you are already living and working there if you are not.
The visa can be issued in advance of your actual move date; that is why it is valid for 6 months, to give people time to complete their business abroad.

You absolutely can postpone your departure and I don't think you are in trouble.

mtlmama

Noorah, I so WISH that was an option (and know we may be forced to eventually), but the problem with me moving ahead is I leave him behind with all the tough stuff: selling a lot of our belongings, car lease/bank stuff, breaking our apt lease, the physical move (truck, etc.). He would be completely alone as his family is in Colombia/US and mine is in the US.

We have zero assistance here, which is one of the reasons we're anxious to move home!

traceym

Sorry to point out the obvious but there are a lot of people here alone and doing just that and more.

Tracey

janadeen

Am not being flip or anything but, why is this not an option?

It may not be easy or the preferred option - but it's an option none the less ...

Yes, unfortunately, sometimes - OFT times, dealing with the USCIS and all that this entails, is going to be tough.

But it's not the toughest thing in the world (tho at times it may seem so) and it's totally doable. And if you all want the visa, then there's really no other option than to go thru the tough stuff and fire to get to the other side.

mtlmama

Tracey and Janadeen, do you mean to say that what I'm proposing to provide doesn't sound sufficient? This plays on my fears of submitting the requested information and actually being rejected (i.e. need to re-apply all over again) instead of given another chance to submit more proof.

?

traceym

Not at all, I'm simply pointing out that a lot of people here are going through a lot of house moves, work, financial troubles, children issues, etc etc etc and lots of them are having to do it whilst being apart, not through choice but necessity.

Tracey.

Noorah101

In that case, provide all you can to show your intent to domicile (whatever it is the ConOff needs to see)...get the visa...and then you can both take up to 6 months to tie up loose ends and make the big move together.

Rene

Bluegrass Lass

There, I fixed it for you.