London DCF - REJECTED

[Chica Yeyé 41]

#######? It does seem to me you came across the CO from hell. Not cool. Oh man. Have you contacted hubby's congressman from the district in which he is still registered to vote?

We're in the middle of composing a letter to his state congressman but I was in such a state that I didn't take the officers name. Doh!

The name is not really that important. What is important is to write down the facts and mail that letter asap. Also it would not hurt if you guys could line up a joint sponsor for when you respond to the 221g. Have you thought about this?

[trailmix 77]

Geez, I agree that you just had a CO that decided to be super tough!

If you don't feel you have enough to prove that your Husband is still 'strictly' domiciled in the U.S., you might want to try another approach (which is what we did, I am the dual citizen, Canadian by birth and have never lived in the U.S. - well until now).

On the I-864, regarding domicile, it mentions (I am sure you have read this 50 times - but just letting you know how we approached it):

If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:

C. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status. You must submit proof that you have taken concrete steps to establish you will be domiciled in the United States at a time no later than the date of the intending immigrant's admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above.

So this is the approach that we took. Since I had never lived in the U.S., it would have been impossible for me to try to prove that I was out of the country temporarily!

I sent the I-864 to NVC, they sent me an RFE for further proof of domicile, below is a list of what we sent (to the best of my recollection):

1. Letter from my Sister stating that we would be living in their house in Nebraska with them.

2. I opened a joint account with my Sister in Nebraska and sent them a bank statement from there.

3. A print out from ABF Upack (email) of my online moving quote.

4. A copy of the letter from our lawyer and the sellers lawyer, regarding selling our house in Feb of 2007 (he didn't interview for his visa until February 2008).

5. A letter from me (U.S. citizen) stating: I intend in good faith to reestablish my domicile in the United States no later than the date of the intending immigrant's admission.

6. Letter from the Social Security office stating I had applied for my Social Security card.

So anyway, this won't apply to you verbatim, of course, but it gives you a general gist of what they are looking for.

If this CO does not understand that 'domicile' for immigration purposes does not mean that you have to have a residence in the U.S. and he is the same guy that is going to review your submissions - well that may be a problem.

I absolutely agree with Len that the sooner you contact his congressperson the better.

Edited August 19, 2008 by trailmix

[hispSF 0]

Well I had my interview today and things didn't go so well.

We got rejected on 2 counts -

Firstly we are using our own assets on the I864 support form and the man interviewing me decided that because a portion of our cash assets are located in an Australian bank, we didn't meet the poverty limit test

He actually said, "How do I know this is a real bank?!!"

I had statements AND a bankcard to verify!!

Secondly, he decided that we didn't have enough evidence to prove domicile. Bank statements and student loan papers are not enough (you have been warned!!)

So after 4 hours and $400, I walked out empty handed....

Did you get rejected or was your visa application suspended?

I had my interview on Tue Aug 26th and, at the end, the CO asked me to raise my right hand, swear and sign and then handed me a blue 221(g) with the "suspended" section checked off.

The form said to submit a letter of employment for my wife (USC) and one for me, together with evidence to prove domicile.

I submitted all these documents via SMS last Thursday and now waiting to hear back from the Embassy. No idea how long this will take.

[OfWolfAndMan 0]

Showing proof of domicile doesn't have to be done until the interview, right? Not when coming in to file the I-130 petition, correct?

[gwenneh 7]

That's correct.