Verbal "RFE" at interview today

[Keeto 12]

But now that the embassy is on this 4 day notice thing of theirs - instead of the regular 1 month between packet 3 and 4 - we plan to move a bit earlier. So when she asked me when do we plan to move I said in the middle of November, me being my honest self. She was like: "But this says December?" I explained to her that the embassy usually takes a month between P3 and P4.....

Sorry, that is supposed to be between Packet 4 and interview. Currently it's down to as little as 4 days instead of a month.

Edited August 2, 2012 by Keeto

[cathy2904 97]

I am guessing that the reason that it is important to show your intent to leave is that you are doing DCF and so you are both moving - you have to show intent to establish residence in the US. I think that when it is just the beneficiary who is moving they are not so concerned. I know that I was not asked anything about when I intended to leave, resign, give up my house etc

[Nich-Nick 3,354]

Cathy is correct. Keeto's problem is all about the USC sponsor on the I-864 Affidavit of Support has to be domiciled in the US. In the case of the USC spouse living abroad, an intent to domicile needs to be established. See this page for the whole London explanation http://london.usembassy.gov/faq_i864_domicile.html

A snip from that page:

What if I have not maintained a residence in the United States?

If you are acting as a joint sponsor you are required to show that you have maintained a residence in the United States. However, in cases where a sponsor may have abandoned his or her residence in the United States to live abroad, may have not resided there since a child, or in some cases, may never have resided there, he or she will not automatically be disqualified to act as a sponsor. In such cases, the question becomes do you intend to reestablish a residence in the United States. If this is indeed your intention and you can prove that you have or intend to re-establish U.S. residence, it may be possible for you to act as a sponsor.

You may meet this requirement by showing that you have taken or will take a credible combination of steps to make the U.S. your immediate principal place of residence. Such steps may include finding employment, locating a place to live, registering children in U.S. schools etc. In addition, you should make arrangements to abandon your residence in the United Kingdom; for example obtaining a valuation of your property from an estate agent

This is nothing to do with visa applicants, fiancé or spouse, whose USC partners live in the US at this time. It's particular to spouses who reside together in the UK. I think the glasses lady mAy be newish and is very much a stickler. And I think she was way out of line expecting a plane ticket to be purchased. Even the London website has this posted:

VISA ISSUANCE IS NOT GUARANTEED

No assurance can be given in advance that a visa will be issued to you. Only after all your documents have been checked, your medical examination completed and you have been interviewed by a consular officer, can a decision be made regarding your eligibility to receive a visa. Therefore, you should not resign from your employment, sell your property, or make final travel plans until you receive a visa.

So K1s and regular CR1s, don't take Keeto's interview as a sign that you need to book tickets, quit your jobs, and cut off your utilities before your interview in order to get approved. Keeto is in a different visa situation than most that post in this UK forum.

[Sunshine25 17]

Hi Kitty,

I think I saw Emma and her fiance they were probably I-903 if I'm not mistaken. He looked a bit tired, poor guy. I was I-905.

Hi! We were I-904, so only one number infront of you. You should have grabbed me! I looked around for you several times, but I was sat there all nervous and trying not to be sick! I'm sorry you had some problems, but as in Stuarts case, it's not a denial, just a request for more paperwork and should be an easy fix.

I had the same woman, shoulder length brown hair and glasses, I think she was at window 15? She was really nice and friendly to us and was really interested in our story. I'll be putting more details in my interview review.

[Sunshine25 17]

is this just a CR1 thing or do you think K1 can be affected by this to?

Seems stupid they would stop you as you have no proof of going to the US. You would be stupid to have flights booked before you get your visa.

It's definitely different for K1 visas. I wasn't asked any of those sort of questions and they don't expect you to have your flights booked.

[elmcitymaven 9,712]

We did DCF and I had to re-establish domicile, as I'd lived in the UK for 12 years. I assembled what I called a "domicile dossier" which contained all the proof I'd assembled that I was intending to move back to the US and cut ties with the UK. This did not include any plane tickets or proof that I had given notice on my flat -- what if he had been denied? If he had, we would have been homeless. This person sounds like a jobsworth.

My proof did include bank statements for a US bank account I'd just opened, email correspondence proving I was being headhunted for two jobs in the US, some correspondence from the Social Security Administration addressed to me at my parents' house, a letter from my parents stating we would be living with them on arrival in the US, a letter from my supervisor stating I had given provisional two months' notice at my job conditional upon my husband's visa approval and a cover letter explaining everything. It was looked at closely, but it was sufficient. This is the first I've heard of London asking the USC to do anything quite so irrevocable as giving notice on a flat and booking tickets!

This may be a one-off, or a new requirement. Sorry you had to go through this.

[Holly2234 66]

Cathy is correct. Keeto's problem is all about the USC sponsor on the I-864 Affidavit of Support has to be domiciled in the US. In the case of the USC spouse living abroad, an intent to domicile needs to be established. See this page for the whole London explanation http://london.usembassy.gov/faq_i864_domicile.html

So K1s and regular CR1s, don't take Keeto's interview as a sign that you need to book tickets, quit your jobs, and cut off your utilities before your interview in order to get approved. Keeto is in a different visa situation than most that post in this UK forum.

I think this is the hardest part for DCF. The process is quicker but they want us to prove things that we cant really do without cutting ourselves off in both countries until they say the magic "Visa approved". I intend to show them letters which i will be sending to my landlord, tax credits etc. I wont send them until after the interview though. From reading the reviews, i saw that somebody had none of this proof and was approved simply based on the fact that they had a joint sponsor domiciled in the US

[elmcitymaven 9,712]

I think this is the hardest part for DCF. The process is quicker but they want us to prove things that we cant really do without cutting ourselves off in both countries until they say the magic "Visa approved". I intend to show them letters which i will be sending to my landlord, tax credits etc. I wont send them until after the interview though. From reading the reviews, i saw that somebody had none of this proof and was approved simply based on the fact that they had a joint sponsor domiciled in the US

Thankfully most DCF journeys through London are easy, but there have been a few puzzlers over the years. I think I recall one USC being told to go back to the US and physically re-establish domicile before the UKC got the visa. There was the USC who was told she wasn't a USC at the interview and therefore couldn't be a sponsor for the I-864, despite having a US Passport. And Alan's (Ashud Cocoa) wife was told she wasn't domiciled in the UK despite having LLR so she couldn't do DCF, but when they went through stateside processing she was told she wasn't domiciled in the US. These are rare though!

[Holly2234 66]

Thankfully most DCF journeys through London are easy, but there have been a few puzzlers over the years. I think I recall one USC being told to go back to the US and physically re-establish domicile before the UKC got the visa. There was the USC who was told she wasn't a USC at the interview and therefore couldn't be a sponsor for the I-864, despite having a US Passport. And Alan's (Ashud Cocoa) wife was told she wasn't domiciled in the UK despite having LLR so she couldn't do DCF, but when they went through stateside processing she was told she wasn't domiciled in the US. These are rare though!

Wow! Really makes you wonder if these people at the embassy say these things for the hell of it because theyre having a bad day or whether they simply dont know what theyre doing!

[elmcitymaven 9,712]

Wow! Really makes you wonder if these people at the embassy say these things for the hell of it because theyre having a bad day or whether they simply dont know what theyre doing!

I vote for both.

[Keeto 12]

We did DCF and I had to re-establish domicile, as I'd lived in the UK for 12 years. I assembled what I called a "domicile dossier" which contained all the proof I'd assembled that I was intending to move back to the US and cut ties with the UK. This did not include any plane tickets or proof that I had given notice on my flat -- what if he had been denied? If he had, we would have been homeless. This person sounds like a jobsworth.

My proof did include bank statements for a US bank account I'd just opened, email correspondence proving I was being headhunted for two jobs in the US, some correspondence from the Social Security Administration addressed to me at my parents' house, a letter from my parents stating we would be living with them on arrival in the US, a letter from my supervisor stating I had given provisional two months' notice at my job conditional upon my husband's visa approval and a cover letter explaining everything. It was looked at closely, but it was sufficient. This is the first I've heard of London asking the USC to do anything quite so irrevocable as giving notice on a flat and booking tickets!

This may be a one-off, or a new requirement. Sorry you had to go through this.

My wife included all her US bank account statements for all the accounts including her student loans that she has maintained from the UK for the past 6 years.....her mother is our joint sponsor fully domiciled in the US. Accuratelty completed I-864 from her was accepted. Formal rental agreement signed by all parties involved was also included. All this was not good enough today even after explaining the date on the rental agreement. Bank statements were rejected with a "This does not proof anything...."

The lady clearly told me today that letters showing my wife and I resignations and a letter stating we have given notice on our rented accommodation would have proofed enough "broken ties to the UK"...which I didn't have any of because of previously quoted pages from the embassy.

I commented that booked airline tickets would probably been really nice and she said "Yeah..." Contradicting the embassy's own rules and regs. Anyway.

As I said and as Nich-Nick has commented this seems to be a unique case.

I'm still finding it difficult to understand that the only people that will be negatively impacted by all this is US. Not the US government. We will loose our jobs, fees and time spent on this and the embassy will just happily carry on....

Edited August 2, 2012 by Keeto

[sara80 17]

so far only guys have had "troubles" with this, apparently new, lady... hmmmm.. is it a coincidence?

[Keeto 12]

Yeah and today it was a South African laid back guy. Maybe she's just miffed because a South African beat Michael Phelps in the swimming.....joke-joke!!

[Holly2234 66]

so far only guys have had "troubles" with this, apparently new, lady... hmmmm.. is it a coincidence?

I was thinking just this earlier..

[sara80 17]

maybe she just can't believe that men would move to the other side of the world for love?!