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Giving birth in Canada and establishing domicile

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My wife is an American citizen who was born in Egypt and she did not live in the state more than 4 month throughout her life. We currently live in Canada and expecting a baby in January 2010. We submitted I-130 and we are getting the documents and I-864 ready to be sent to Montreal.

If my wife gives birth here in Canada. Will that affect my immigration file to the states as she has the issue of establishing domicile. My wife was naturalized in 2003 as she got the US citizenship from her mother. My wife has not lived in the US more than 5 months since then.

We got the following as to establish domicile:

1- Rental agreement from her uncle.
2- Bank account in the US.
3- A quote from UHAUL to estimate the cost of moving from Canada to US.
4- Job applicatoins for both of us in USA.

Will that be enough if my wife give birth here in Canada?

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Hi and welcome,

First of all, you having a child born in Canada and establishing domicile are two completely separate things, so you need to look at them separately.

For your child. If you have not had the baby before you both move back to the U.S. (and based on how slow Montreal is, the baby will probably be born in Canada) you need to look at the child citizenship act of 2000. Your baby will become an American citizen when they cross the border with you, but you will need to file an I-130 for them - basically apply for their Permanent Residency - including all the paperwork, then their status changes to citizen when they enter as a Permanent resident. You will want to read this probably:

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What Are the Requirements of the Child Citizenship Act of 2000?

The child must meet the following requirements:

Have at least one American citizen parent by birth or naturalization;
Be under 18 years of age;
Live in the legal and physical custody of the American citizen parent; and
Be admitted as an immigrant for lawful permanent residence.


As for proving reestablishing domicile, I don't think you really have enough proof. You might want to look at your wife opening an American bank account, perhaps make enquiries about child care (keep emails etc that you receive), ensure the rental agreement with her Uncle is on a proper legal form, there are many you can download for free.

What about giving up your residence and jobs in Canada? When you get closer to the interview date, if you inform the person you rent from in Canada that you are moving soon, if you inform your employer, make sure you get all of that in writing and include that as well.

Also, do you have a cosponsor for the I-864?

Oh and one other thing, you don't mail the I-864 etc to Montreal, you take those to the interview. If you look at the checklist I believe they only want you to mail in the DS-230 part 1. You just mark off that you have the other things available.

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Thanks for your reply. I want to tell you that my wife and I have applied for PR in Canada. We expect to receive it in May 2011. Will this be contradictory to establishing the domicile in USA?

The reason we applied for PR is that we need to cover the moving expenses and all our applications for a line of credit were declined. The bank financial representative told us that our application will be approved if we hold the PR.

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I removed the other topic you started as I will just answer your question here.

Do they know if you have applied for Canadian PR? Probably not, however they may ask. I have read of a few cases where the applicant was asked and then they were asked to give up their Canadian PR. In all of those cases they did not and they were eventually approved.

Reestablishing domicile can be challenging if you have never really lived in the U.S. - like your wife. I also had never lived there and yet proved it successfully. You may want to read the pinned topic in the [You must be registered and logged in to see this link.] here as this will give you some more ideas of what to bring with you as proof.

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