Chennai consulate, India, appointment re-schedule and domicile requirement

[mneleventhirty 0]

We filed I-130 for my wife in New Delhi on 04/27. Chennai consulate was the chosen agent. They sent us a packet-4 directly on 05/16. Interview is scheduled for next month. This has hardly given us any time. It looks like getting the police clearance certificates will take quite a bit of time. Another issue is I-864 domicile requirement.

Does anybody have any experience re-scheduling the appointment in Chennai?

As far as domicile requirement goes: I have been living and working in India since Dec 2009, I have a US bank account and 401k retirement account and a couple of US credit cards. I do meet the income requirement (barely) and have savings in a US bank account I can show as assets.

But I don't own a house or rent one in the US.

I was planning on going back to the US after my wife's IR visa is issued, to look for work and even trying with my present company to allow me to transfer to their US office, but they won't give anything in writing until it is officially approved.

How strict is Chennai consulate on domicile requirement? This is really freaking me out.

[aztek 0]

Hi,

Based on your post, you are in India from 2009 and domicile requirement was not an issue for you. But, in your experience, while doing research on DCF, if you have found any documents that other people have submitted to prove recidency requirements?

Appreciate your help.

[mneleventhirty 0]

Hi,

Based on your post, you are in India from 2009 and domicile requirement was not an issue for you. But, in your experience, while doing research on DCF, if you have found any documents that other people have submitted to prove recidency requirements?

Appreciate your help.

Hi I answered your question in the other thread, but just putting it here as well.

If you are in India (assuming you are the US citizen petitioner) on a PIO/visa for more than 6 months, you should have a Registration certificate issued by your FRRO (Foreigner's regional registration office), this should be proof enough. If you are on OCI, you don't need to register, so you will need utility bills, employment letter or payslips, rental agreement/receipts etc. Or if you don't have anything else, your immigration stamp on the passport with any bills in your name that you can produce over your period of stay - this may or may not be accepted as proof. I have always thought that residency requirement for Consular filing is 180 days, but there are people who have done this with 90 days. I believe it's more at the discretion of the officer at the Embassy.

[daxni 0]

I applied for CR1 via DFC

My wife applied for me

My appointment was in May

My wife was not required to file taxes for the last two years as her income was not enough as per IRS requirements. But the CO asked for them. She has enough liquid assets in the US. Far more than the 3x requirement for the spouse. My wife has actually got a job before she left for the US, but at the time of the interview she was in India. I carried a copy of her job appointment letter and her job contract. Also carried her bank statements for the last two years.

I was turned back with the 221(g) form with the following requirements.

1) A completed I-864 from a joint sponsor. With that I-864A between joint sponsor and his/her household member/spouse along with the required documents like their proof of residency in the United stated, their returns etc. Basically papers which anyways go with the I-864 and I-864A

2) Proof of My wife's Domicile

The CO had raised a question about her Domicile. Since she had filed via DCF she could not have been domiciled in the US. So in a way the CO doubted the authenticity of her intent to Domicile in the US. Looking at the people that were present for interview that that I do not blame the CO. The CO expected that she would have already been in the US and established her domicile after DCF and before my interview. I really recommend this too all going VIA the DCF route.

He also gave me a letter about domicile (available on the US consulate's mumbai website)

All the things I have to show her domicile are already with the US Consulate in Mumbai. i.e. her bank statements and Job appointment letter.

so to provide other proof of her domicile is going to be difficult for me.

I suggest you the following

1) Get a joint sponsor (since you mention that your financials in the US are borderline). Also get I-864A between sponsor and sponsor's household member/spouse if any. Your Indian income is generally not accepted for the purpose of DCF. What they are looking for is if you went to the US you would be able to support the person you are sponsoring. Just because you make money in india does not mean you would make any in the US. Hence getting a joint sponsor is safer. I had enough in Bank. But the CO said liquid funds like cash can be easily borrowed so they do not give much importance to that either

2) For domicile. Besides the things you mentioned the following might be helpful. Try to get a quote on lease. Or get a letter from someone inviting to stay at their place for a couple of months until you lease your house. You would be doing this in any case, so its not like you are lying. Obviously the best possible thing would be if you were already in the US and had a house.

All the best for your wife's interview

[mneleventhirty 0]

I applied for CR1 via DFC

My wife applied for me

My appointment was in May

My wife was not required to file taxes for the last two years as her income was not enough as per IRS requirements. But the CO asked for them. She has enough liquid assets in the US. Far more than the 3x requirement for the spouse. My wife has actually got a job before she left for the US, but at the time of the interview she was in India. I carried a copy of her job appointment letter and her job contract. Also carried her bank statements for the last two years.

I was turned back with the 221(g) form with the following requirements.

1) A completed I-864 from a joint sponsor. With that I-864A between joint sponsor and his/her household member/spouse along with the required documents like their proof of residency in the United stated, their returns etc. Basically papers which anyways go with the I-864 and I-864A

2) Proof of My wife's Domicile

The CO had raised a question about her Domicile. Since she had filed via DCF she could not have been domiciled in the US. So in a way the CO doubted the authenticity of her intent to Domicile in the US. Looking at the people that were present for interview that that I do not blame the CO. The CO expected that she would have already been in the US and established her domicile after DCF and before my interview. I really recommend this too all going VIA the DCF route.

He also gave me a letter about domicile (available on the US consulate's mumbai website)

All the things I have to show her domicile are already with the US Consulate in Mumbai. i.e. her bank statements and Job appointment letter.

so to provide other proof of her domicile is going to be difficult for me.

I suggest you the following

1) Get a joint sponsor (since you mention that your financials in the US are borderline). Also get I-864A between sponsor and sponsor's household member/spouse if any. Your Indian income is generally not accepted for the purpose of DCF. What they are looking for is if you went to the US you would be able to support the person you are sponsoring. Just because you make money in india does not mean you would make any in the US. Hence getting a joint sponsor is safer. I had enough in Bank. But the CO said liquid funds like cash can be easily borrowed so they do not give much importance to that either

2) For domicile. Besides the things you mentioned the following might be helpful. Try to get a quote on lease. Or get a letter from someone inviting to stay at their place for a couple of months until you lease your house. You would be doing this in any case, so its not like you are lying. Obviously the best possible thing would be if you were already in the US and had a house.

All the best for your wife's interview

Thanks daxni, so it looks like they are pretty strict on the domicile requirement. I can't get a joint sponsor, since I am a naturalized citizen and I don't have immediate relatives in the US who can/will do it for me. It's too much of an obligation to ask friends. I have a place to stay with a friend in the US and he has agreed to write an email and I can show that I am applying for jobs. But apart from that I don't have much going for me I guess.