Roadblocks after CR1 Interview in Mumbai

[kb9 6]

Hi everyone,

I wanted this to be my final message saying "thanks for all the guidance to VJ, I've come to the end of my journey", but I guess the stars had other things planned for me. Here's my experience at Mumbai for my CR1 interview on Nov 7.

I'll skip the bits about waiting in line, and details about how the embassy is laid out, since it's all available in the Embassy reviews section. I'll focus only on the interviews:

1. The first interview was with the "pre-processing" lady (of Indian origin) who collected my passport, my interview letter, medical report, and reviewed if my NVC documents package was in order. She returned the originals (that I had submitted to NVC) back to me. However, when she asked where my USC spouse lives, and I answered "with me in Bangalore", she seemed puzzled and inquired more about how long and what she's doing here. I was upfront that my wife moved from US to India to live with me after marriage and that she works at a NGO. The lady took some notes and asked me to wait until my token was called for the next stage.

2. The actual "interview" was with a Caucasian gentleman who was polite yet curt. We started with the oath and my signature on the DS230 form, followed by taking my fingerprints. We went through the usual questions: "who filed your petition", "when did you get married", "who's sponsoring you (my father in law)", "show me pictures of the wedding". And finally he asked about where my wife lives and what kind of work she does and how much she gets paid. I was a bit puzzled about this keen interest about my wife's job. About 2 minutes later, he said "unfortunately, I cannot issue the visa today, the reason is because your wife is not domiciled in the US. you can submit additional documents through VFS, but here's your passport". And he handed me a 221(G) white sheet. I told him my wife and I intend to go to the US next month, and that would prove the "intent to domicile". But he said he needs more proof.

This took me by surprise because I already am aware of the domicile issue from researching this on VJ and I thought it was addressed when I submitted the AOS package to NVC (which included my wife's recently renewed US drivers license, running US bank statement, latest taxes filed few months ago). There were no flags raised by NVC, so I assumed there's no issue with proving my wife's domicile. We wanted the visa in hand before taking the more concrete steps like finding an apartment and investing in the US. Will we now need to send my wife to the US to prove domicile?

Advice on surefire ways to prove domicile would be appreciated. My wife's entire family and friends reside in the US (she came to live in India with me only for 1 year and to experience the local culture). Ideally, I wouldn't want to make any investments in the US before actually moving there, so I hope there's documentation that can be shown which doesn't have to cost anything more!

I'm pretty bummed, but I guess like most people, I'm seeking comfort from knowing whether this situation is fairly routine (and a easy fix). Or a pretty big issue that'll require legal advice?

Thanks.

[Cathi 5,715]

your wife will have to go to the US ahead of you and set up residence. You can prove this by signed and dated rental agreements. Having bank accounts is the US is not enough to establish domicile when you told the CO she is physically living with you in India. Did you think it wouldn't be questioned when you told then she doesn't live in the US?

[kb9 6]

your wife will have to go to the US ahead of you and set up residence. You can prove this by signed and dated rental agreements. Having bank accounts is the US is not enough to establish domicile when you told the CO she is physically living with you in India. Did you think it wouldn't be questioned when you told then she doesn't live in the US?

Thanks for your feedback. I definitely didn't think it would be held against me if my wife was living abroad with me. Given how many couples file using DCF and by cross-checking on VJ that it's fine as long as my wife and I move to the US together-- I was blindsided.

Now, since she is going to the US in december, should I wait until she's physically there or can I submit proof now (by showing tickets) to save time?

[capri_scorp 1]

Hi everyone,

I wanted this to be my final message saying "thanks for all the guidance to VJ, I've come to the end of my journey", but I guess the stars had other things planned for me. Here's my experience at Mumbai for my CR1 interview on Nov 7.

I'll skip the bits about waiting in line, and details about how the embassy is laid out, since it's all available in the Embassy reviews section. I'll focus only on the interviews:

1. The first interview was with the "pre-processing" lady (of Indian origin) who collected my passport, my interview letter, medical report, and reviewed if my NVC documents package was in order. She returned the originals (that I had submitted to NVC) back to me. However, when she asked where my USC spouse lives, and I answered "with me in Bangalore", she seemed puzzled and inquired more about how long and what she's doing here. I was upfront that my wife moved from US to India to live with me after marriage and that she works at a NGO. The lady took some notes and asked me to wait until my token was called for the next stage.

2. The actual "interview" was with a Caucasian gentleman who was polite yet curt. We started with the oath and my signature on the DS230 form, followed by taking my fingerprints. We went through the usual questions: "who filed your petition", "when did you get married", "who's sponsoring you (my father in law)", "show me pictures of the wedding". And finally he asked about where my wife lives and what kind of work she does and how much she gets paid. I was a bit puzzled about this keen interest about my wife's job. About 2 minutes later, he said "unfortunately, I cannot issue the visa today, the reason is because your wife is not domiciled in the US. you can submit additional documents through VFS, but here's your passport". And he handed me a 221(G) white sheet. I told him my wife and I intend to go to the US next month, and that would prove the "intent to domicile". But he said he needs more proof.

This took me by surprise because I already am aware of the domicile issue from researching this on VJ and I thought it was addressed when I submitted the AOS package to NVC (which included my wife's recently renewed US drivers license, running US bank statement, latest taxes filed few months ago). There were no flags raised by NVC, so I assumed there's no issue with proving my wife's domicile. We wanted the visa in hand before taking the more concrete steps like finding an apartment and investing in the US. Will we now need to send my wife to the US to prove domicile?

Advice on surefire ways to prove domicile would be appreciated. My wife's entire family and friends reside in the US (she came to live in India with me only for 1 year and to experience the local culture). Ideally, I wouldn't want to make any investments in the US before actually moving there, so I hope there's documentation that can be shown which doesn't have to cost anything more!

I'm pretty bummed, but I guess like most people, I'm seeking comfort from knowing whether this situation is fairly routine (and a easy fix). Or a pretty big issue that'll require legal advice?

Thanks.

Hi kb9,

First of all thank you very much for your consulate review as some of us got a clearer picture of the consulate process. Sorry to know that there was a minor domicile issue but no worries, you already have the remedy so go ahead and get it cleared. It is very kind of you to still share your experience although you have so much to worry about. I am not aware of such situations so cannot be of help but for sure can render whole hearted best wishes and prayers to get your processing cleared soon. Hope your wife can get all the necessary paperwork from US quickly and you can reapply soon. once gain thanks and best wishes my friend!

[svpkkt 0]

hey I have my interview at the end of november. My wife is US citizen. She had just arrived in India starting of november for vacation for 2 months. Also she is going to accompany me during my visa interview. Will there be any problem during visa interview as she is in India?

[capri_scorp 1]

hey I have my interview at the end of november. My wife is US citizen. She had just arrived in India starting of november for vacation for 2 months. Also she is going to accompany me during my visa interview. Will there be any problem during visa interview as she is in India?

I dont think so because anything below 6months is fine and also she has her residence and all other activities in US still maintained right? I have seen and heard of so many USC's staying with beneficiary before interview, accompanying for the interview and coming back with the candidate. Hope someone gets back to you wih more info.

[kb9 6]

Thanks for your feedback. I definitely didn't think it would be held against me if my wife was living abroad with me. Given how many couples file using DCF and by cross-checking on VJ that it's fine as long as my wife and I move to the US together-- I was blindsided.

Now, since she is going to the US in december, should I wait until she's physically there or can I submit proof now (by showing tickets) to save time?

<Bump> My wife will be departing to the US in december-- ahead of my move. Can we prove her domicile by showing tickets, or does she physically have to be in the US? Feel free to point to any other threads/links that explains how to prove domicile.

[Janani S 1]

Hi,

Were you able to prove domicile? How were you able to so?

[Harsh_77 716]

Thanks for your feedback. I definitely didn't think it would be held against me if my wife was living abroad with me. Given how many couples file using DCF and by cross-checking on VJ that it's fine as long as my wife and I move to the US together-- I was blindsided.

Now, since she is going to the US in december, should I wait until she's physically there or can I submit proof now (by showing tickets) to save time?

I think in your case the problem was you were not filing as DCF, basically it seems that Consulate assumes your wife is in India working for NGO in India so why do you need visa to US.

Just a bank account and the DL would not suffice as proof of her living in US.

Unfortunately in your case I think your wife will have to move back to US, setup residence etc and start working for some organization in US, that would demonstrate for your need to go to US.