Proving domicile/ CR-1 to get B2

[walbers 1]

OP's situation is very much like mine.

My wife and I have been together for over 6 years, married for the last 2. Originally met and resided in China and married there (she's chinese). I took a job in VN where we have lived for the last 18 months or so. I am legally working here and we both have residence cards.

My wife was denied a B1 visa twice by the Beijing embassy, both times were humiliating experiences and my wife swore never to do it again. Denied for not proving strong enough ties to China. We don't own property, etc..... Now we're married and, of course, intent to immigrate is immediately assumed. So literally no chance for a B1 visa.

6 years together and my wife has never been able to visit my home country, a fact she cannot reconcile with the ease in which I was able to work and reside legally in her home country. She just wants to visit....we don't intend to immigrate at this moment. We'd gladly accept a limited duration one time visitor visa then go the IV route when it is time to repatriate. It's mostly me that wants to go back....I have children from a previous marriage and have been away from them too long....would like to be nearer if I can. but in my profession the jobs are here in Asia.

I consulted with an experienced immigrations lawyer who deals with BKK and HCMC cases. He recommended we go CR1, take our visit, let the Green Card expire (or return it) then reapply for B1 visa. The logic, as another poster mentioned, is that not immigrating demonstrates intention to not immigrate and that she'd likely get a B1 visa after that. that's been his experience...

So anyway, we've gone through the process....all of our documents (including affadavit of support) have been confirmed/accepted by the NVC in August and we are just waiting for the interview. Now this issue of domicile has come up. I have no domicile in the US (unless you count the home my ex-wife and children are living in) so I used my mother's address. I am also clearly not employed in the US though I am actually seeking and interviewing for employment. I asked the lawyer and he said "to prove domicile you simply need a US address where you can receive mail and an intent to go back, but it does not have to be immediate intent to go back". The international company I work for has a big office in the States so I could easily state that I expect to be transferred back in the near future.

So I guess I'm wondering what might happen at the interview in HCMC. Are we going to get refused because of the domicile issue? As my spouse she's eligible to get an IV and even if the specific circumstances for immigration don't exist at the time of issuance they could well exist by the time of expiration. I am worried about being denied again. It would be devastating to my wife (and me). She just wants to visit....has no motivation to live there (though she would happily do so if I repatriated. Just wants to visit and simply can't understand why it's so difficult to do so when she's my wife....and it's so easy for me to go to China.

what a messed up system we have. the honest ones get penalized....sorry for the longwinded message.....just need a place to vent.

regards

will

[pfroehlich2004 0]

Hear, hear! I'm in the exact same situation with my wife. We are both very content with our life here in Vietnam, but have had to go to the trouble and expense of applying for a CR-1 visa, because the (expletives) at the Consulate absolutely refuse to grant here a B-2 visa so we can visit my family together.