mtlmama

Sunflwrgrl, you're killing me! Seriously, it sounds like a lot of experienced people are recommending me moving first as our best bet.

Consensus?

Thx

meauxna

It is generally not required that the USC move back ahead of their spouse. You have to keep in mind that you have not been living in the US for 15 years; many/most of us who have filed from abroad were not gone that long.

Earlier in the thread you wrote:
If there is a chance my further proof is deemed insufficient and they would reject us, I am instead contemplating holding off until Spring, moving with our son (seventeen-month-old ) and sending domicile info that (HOPEFULLY) won't be refused: driver's license, pay slips from my new job. Then, my spouse should be able to follow us within four-six weeks. But, I'm so worried they will keep rejecting us!
That works because if you move, you ARE domiciled and have solved the problem. Pay slips in the US would be solid evidence of that.

mtlmama

Meauxna, I was just replying with my Spring idea and you beat me to it!

The more I review it, the more I think it's our best option. I'm not being dishonest, just respecting the instructions and time limit provided for sending in further documentation.

Rete

MM

I'm with the setup here first as proof of your intent. There's no reason why you can't return to Canada and assist him with the move when he is ready. I have a 15 month granddaughter and I know that toddlers can be the bane of your existence in situations like this and that alone makes doing anything difficult.

Men are not completely helpless (ducking the tomatoes). There is a lot you can do before you leave to make it a little easier on him and you can go back for several weeks just prior to the move and then drive back with him.

jeffreyhy

For the benefit of those whose spouses are not coming from the UK, or a few other consulates who similarly are satisfied with intent to establish domicile, it seems that the 'easy' consulates are moving in the direction of the many consulates who always required the US spouse to actually be domiciled - living and working - in the USA before they would issue a visa.

Regards, JEff

mtlmama

New question, sure to stir up the thread (this is a scenario where all else has failed):

We spoke with a lawyer who mentioned several options, including my husband entering and requesting a change of status (I-485) to complete the visa process.

What are the pros/cons of this one? As i said before, all of our paperwork is in order except for my sponsor/domicile.

Rete

NO, NO, NO.

I don't know if this was told to you in confidence by the attorney but what he is advocating is a commission of fraud. It is fraud to enter the US as a visitor with the full intent to adjust status without entering with the proper immigration visa. In addition, you would not be allowed to bring your possessions through with said visa.

Noorah101

It is illegal to enter the USA as a tourist, with the intent to remain and adjust status. Don't do it.

Rene

mtlmama

Thought so. The lawyer (She) was only trying to give us a complete list of options. She feels really bad for us, thinks the CO was over-reaching and generally unfair with my proof of domicile.

The I-485 option didn't sit well with me, either. We've decided to go ahead and provide the further proof the CO recommended, submit and hope he approves. If we are rejected and asked to re-apply, I'll just submit a new I-130 straight away and move with my son. My husband can then finish the process for his visa while we wait for him in the US.

Wish my husband was more amenable to waiting until April, me/son moving and sending indisputable proof of domicile, and him getting visa and following within 2-4 weeks. But, I understand that he'd like to get it done now and not have the whole immigration thing hanging over our heads like a dark cloud.

mtlmama

<sigh> I know Rene, thanks. Should know better to even ask after watching my cousin go through that nightmare with HIS wife. Cost them a lot of $$ and took several years. Don't know why lawyers suggest that route (and I know she's not the first one to suggest it).

Ginblossom

Bear in mind, and perhaps Canada is the same that the US simply requires to show intention to domicile. They realise that people wont sell their houses etc until they get the visa. It seems to me , imho, that you can do this almost now....

Ginblossom

Believe it or not, as you may have seen in my own thread, we had what an immigration lawyer told us was all that necessary. Interestingly, I spoke to a friend of a friend who works at very senior levels in the US State Dept and he told me chances are on a different day with another CO, you probably would have got it. My philosophy now is, lets just focus on making it right and leaving behind the emotion. Which I hope we have done.

mtlmama

Glad to hear everything is falling into place for you!

I'm still working on the emotional part. I want to move past and just deal with it all, but I feel like my country rejected ME, not our visa. I just want to go home, and this whole refusal feels like a form of punishment. Like I wasn't "patriotic" or American enough. If it was just me I'd head out right now, with hubby to follow. With a 17-month-old son, different story.

Wish I could go home now and get my driver's license, but I just opened a checking account and it has to be active for 30 days. So, we wait and submit all our docs in December.

Noorah101

To be fair, though, your son is also a USC, right? So you and your son CAN move easily to the USA, neither one of you was rejected...in fact your whole case was not rejected. They just asked for further evidence. It wasn't personal against you...it's been happening a lot lately. I know it's not what you prefer...but if you and your son move to the USA ahead of your husband, it's not the worst thing that could happen either.

Your US based checking account has to be active for 30 days in order to get a drivers license in the USA?

Rene

mtlmama

Yes, it's the only proof on the DMV's list that I can produce, and it has to be active for at least 30 days. And the license is the only thing that has to a) wait until next month and b) requires I fly home to do it.