Mixed Response from NVC about domicile but Interview Scheduled

[K&T123 0]

Hi,

Me and my spouse (US Citizen) reside abroad. We started immigration process for myself few months back and now the interview in scheduled for next month. As we resides abroad the domicile seem to have been a bit of a problem. Based on lawyer advise we didn't submit anything to prove domicile to NVC as he suggested to take domicile related documents to the interview. Over the last few weeks we have received number of emails from NVC which are a bit confusing:

1. From NVC Attorney: "..... additional information is required to complete the financial evidence review..... The (sponsor/joint sponsor) has not provided proof of U.S. domicile."

After the above email we sent different documents to NVC (her bank account in USA, credit card statement, driving license, voting history etc.)

2. Few days later another email from NVC Attorney: ".....additional information is required to complete the financial evidence review..... The (sponsor) has not provided proof of U.S. domicile"

So we thought that our newly submitted documents were not enough or may be they haven't been considered yet.

3. Few days later email from NVC Case Status: "The National Visa Center has received all documentation necessary to complete pre-processing

of your case. As soon as an interview date has been scheduled, the applicant, petitioner and attorney (if applicable) will be notified."

So now we are thinking ok everything is fine and accepted.

4. Same day as #3 email with subject P4 FOR NEOPOST DS-1200 mentioning that the interview has been scheduled but in that interview appointment document following is mentioned for document status:

F - FINANCIAL EVIDENCE I = The required form is incomplete. Please ensure that a complete form is presented at

the interview

So now we are confused, what to expect on interview day How do we know if what we have submitted is sufficient or not ?

[nhkhan 0]

Did sponsor submit affidavit of support form with all required documents, 3 years tax returns , pay stubs etc.

[nhkhan 0]

i applied for my wife, as per my understanding, they dont need credit card statement, driving license, voting history etc....

Hi,

Me and my spouse (US Citizen) reside abroad. We started immigration process for myself few months back and now the interview in scheduled for next month. As we resides abroad the domicile seem to have been a bit of a problem. Based on lawyer advise we didn't submit anything to prove domicile to NVC as he suggested to take domicile related documents to the interview. Over the last few weeks we have received number of emails from NVC which are a bit confusing:

1. From NVC Attorney: "..... additional information is required to complete the financial evidence review..... The (sponsor/joint sponsor) has not provided proof of U.S. domicile."

After the above email we sent different documents to NVC (her bank account in USA, credit card statement, driving license, voting history etc.)

2. Few days later another email from NVC Attorney: ".....additional information is required to complete the financial evidence review..... The (sponsor) has not provided proof of U.S. domicile"

So we thought that our newly submitted documents were not enough or may be they haven't been considered yet.

3. Few days later email from NVC Case Status: "The National Visa Center has received all documentation necessary to complete pre-processing

of your case. As soon as an interview date has been scheduled, the applicant, petitioner and attorney (if applicable) will be notified."

So now we are thinking ok everything is fine and accepted.

4. Same day as #3 email with subject P4 FOR NEOPOST DS-1200 mentioning that the interview has been scheduled but in that interview appointment document following is mentioned for document status:

F - FINANCIAL EVIDENCE I = The required form is incomplete. Please ensure that a complete form is presented at

the interview

So now we are confused, what to expect on interview day How do we know if what we have submitted is sufficient or not ?

[canadian_wife 1,829]

I think it depends on the consulate. Montreal is very strict on domicle, typically requiring the USC to move to the US prior to the beneficiary immigrating.

OP - what consulate are you dealing with?

good luck

[K&T123 0]

I think it depends on the consulate. Montreal is very strict on domicle, typically requiring the USC to move to the US prior to the beneficiary immigrating.

OP - what consulate are you dealing with?

good luck

I have read about strictness with domicile at Montreal. We are dealing with embassy in Helsinki. Its just that the whole series of email communication is confusing

[jenyadenise 4]

Since you're living abroad, do you need a joint sponsor? We live abroad as well. At our interview, we submitted loads of evidence for domicile (I'm the USC) as well as docs for a joint sponsor because my income is not US based and will not continue after we move to the US. Every country is different, but maybe you need to bring an AOS for a joint sponsor as well as more evidence of domicile.

[K&T123 0]

Since you're living abroad, do you need a joint sponsor? We live abroad as well. At our interview, we submitted loads of evidence for domicile (I'm the USC) as well as docs for a joint sponsor because my income is not US based and will not continue after we move to the US. Every country is different, but maybe you need to bring an AOS for a joint sponsor as well as more evidence of domicile.

As far as I know the joint-sponsor is not required simply if you are living abroad. I think domicile and joint-sponsor are two different things.

[Asia 2,499]

As far as I know the joint-sponsor is not required simply if you are living abroad. I think domicile and joint-sponsor are two different things.

But since the USC is living aborad, will his/her income continue after coming back to the US?

If not, then I guess he/she needs a joint-sponsor.

[jenyadenise 4]

As far as I know the joint-sponsor is not required simply if you are living abroad. I think domicile and joint-sponsor are two different things.

Yes, they are two different things, but often when a USC lives abroad, his/her income is not US based. They won't accept foreign income for the affidavit of support. That's why we had to find a joint sponsor. Since they're asking for more financial evidence, I'm wondering if you might need a joint sponsor. It's just something to consider. We even had enough assets to meet the requirements for the AOS, but they still wanted a joint sponsor with a US based income.

Edited May 16, 2013 by jenyadenise

[K&T123 0]

But since the USC is living aborad, will his/her income continue after coming back to the US?

If not, then I guess he/she needs a joint-sponsor.

I don't think it matters whether the income continues after coming back to US or not. I haven't read anywhere in their instructions that the income should be from US & it should continue. I mean even if petitioner employment is in US there is no guarantee petitioner will be employed six months after immigration.

Yes, they are two different things, but often when a USC lives abroad, his/her income is not US based. They won't accept foreign income for the affidavit of support. That's why we had to find a joint sponsor. Since they're asking for more financial evidence, I'm wondering if you might need a joint sponsor. It's just something to consider. We even had enough assets to meet the requirements for the AOS, but they still wanted a joint sponsor with a US based income.

Domicile = the country that a person treats as their permanent home, or lives in and has a substantial connection with

One can be living and earning abroad but still have his permanent residence in states e.g. an exchange researcher.

Proving domicile can vary from case to case so may be there was some other reason why they needed a joint sponsor from you. Even if one has a joint sponsor the main petitioner still needs to be domiciled in US: http://travel.state.gov/visa/immigrants/info/info_3183.html#16

[Asia 2,499]

I don't think it matters whether the income continues after coming back to US or not. I haven't read anywhere in their instructions that the income should be from US & it should continue. I mean even if petitioner employment is in US there is no guarantee petitioner will be employed six months after immigration.

But the thing is that you as the petitioner are financially responsible for your spouse after he/she comes to the US. How can you fill the required forms (I-864), if you your income isn't US-based and you can't sponsor your spouse financially?

You are financially responsible for your spouse in the US.

If you aren't then you need a joint sponsor who's income is US-based.

Or you can use assets if you have enough.

Edited May 17, 2013 by Asia