Denied Visa at Interview

[lost_at_sea 995]

They are pretty much insisting that I go ahead of him. Can they do that??

I have a valid driver's license, but I lost it and I can only get a replacement in person. I am attempted to sign a lease, but they seem pretty set on me returning solo and I dont want to spend the money if the effort will just be wasted.

No kids..

I don't know if they can do that. Also, have they actually denied you, or did you get a piece of paper requesting more documents?

I don't know how easy it is to talk with that Embassy - are you able to get them to tell you in writing exactly what they want to see that the current list of things you've provided don't prove?

[WrotoMco 0]

please note that formletter contains BOTH paths, and must be edited before using it for submission, taking out the path that doesn't apply.

OP - suggest you get into the Consulate during an ACS (American Citizen Services) appointment and ask a Vice Consul, directly, what proof they are requiring, and ask if they were evaluating 'proof of domicile' or 'proof of re-establishing USA domicile'.

I will try to contact them tomorrow. My guess is that they will tell me that its a different department and wont be able to help. I will let you know. Thanks for the suggestion.

[SoCalMark 49]

This is covered in the domicile bits in the I-864 instructions.

You have 2 paths for this proof:

1. proof of USA domicile or

2. proof of re-establishing USA domicile.

You can certainly address #2 within a month, then submit that proof into the IV unit.

BOOM - this is the correct answer.

May I have a vowel please?

[Sleepless_36 7]

I wanted to update you all on what has happened with our case.

I am submitted the following as proof of US domicile per Form I-864 Instructions:

1. Letter from my bank showing an active US bank account

2. Statements from E*Trade Securities LLC showing US stocks owned

3. Statement from Capital One showing my US mailing address

4. Statements from PayPal showing transfers made from PLN to USD (x3)

5. A copy of my US voter registration card

6. A copy of my Karta Pobytu decision showing my status as a temporary resident in Poland

7. A letter from mom confirming that my husband I will live at her home upon our arrival in the US

8. A letter from a company stating their intent to employ me upon my return to the US

...and we were still denied.

Any other ideas?

Anyone from Poland made it through this process?

A utility bill is a good proof of U.S. domicile.

[cappucino boy 29]

WrotoMco,

You should post the reason why your were denied, that will help people answer your questions. Where are living in Poland now? I hope that you are able to work it out. Visa's through Warsaw often go through without much problems. There must be something specifically that caused them to deny your visa.

Bernie

Hello,

My husband and I are applying for his visa through the consulate in Warsaw. We have a joint sponsor for the affidavit of support. I have spent the last three years living in Poland and this seems to be our biggest barrier now as they want me to return to US before they will grant his visa.

I am submitted the following as proof of US domicile per Form I-864 Instructions:

1. Letter from my bank showing an active US bank account

2. Statements from E*Trade Securities LLC showing US stocks owned

3. Statement from Capital One showing my US mailing address

4. Statements from PayPal showing transfers made from PLN to USD (x3)

5. A copy of my US voter registration card

6. A copy of my Karta Pobytu decision showing my status as a temporary resident in Poland

7. A letter from mom confirming that my husband I will live at her home upon our arrival in the US

8. A letter from a company stating their intent to employ me upon my return to the US

...and we were still denied.

Any other ideas?

Anyone from Poland made it through this process?

Thanks for your help

[WrotoMco 0]

Hey Bernie,

We were denied because they feel that I did not maintain domicile in the US while I lived in Poland.

I know lots of visas go through Warsaw without a problem, but it seems like in almost all cases the American partner is living in the US during the visa process. I would like to continue living in Poland with my husband and then travel to the US with him. The embassy has told us that this wont be possible and that I must travel to the US first and prove to them that I am there and then my husband can join me at a later date.

[bellavita38 1]

Question of clarification:

What if you applied DCF - were approved (I-130) and the petitioner/sponsor returns to the USA. Do these items (i.e. - information to establish domicile) need to be submitted with the I-864 for the spouse's interview?

thanks.

[Darnell 8,478]

bellavita - yes. It's buried in the I-864 instructions, also.

[bellavita38 1]

bellavita - yes. It's buried in the I-864 instructions, also.

thanks, Darnell. Much appreciated.

Happen to know if the domicile docs that have account number information on them should be edited or 'blacked' out to protect from identity theft or fraud? Am I over-thinking?

[bluebird74 34]

Hello,

My husband and I are applying for his visa through the consulate in Warsaw. We have a joint sponsor for the affidavit of support. I have spent the last three years living in Poland and this seems to be our biggest barrier now as they want me to return to US before they will grant his visa.

I am submitted the following as proof of US domicile per Form I-864 Instructions:

1. Letter from my bank showing an active US bank account

2. Statements from E*Trade Securities LLC showing US stocks owned

3. Statement from Capital One showing my US mailing address

4. Statements from PayPal showing transfers made from PLN to USD (x3)

5. A copy of my US voter registration card

6. A copy of my Karta Pobytu decision showing my status as a temporary resident in Poland

7. A letter from mom confirming that my husband I will live at her home upon our arrival in the US

8. A letter from a company stating their intent to employ me upon my return to the US

...and we were still denied.

Any other ideas?

Anyone from Poland made it through this process?

Thanks for your help

This all sounds very strange. I actually did not know you can do DCF at the American Embassy in Warsaw. Let me ask you this: do you hold a U.S. passport or just have a GC? Also, how long have you been living in the States and how long has it been since you came back to Poland?

[Darnell 8,478]

Well, this is another topic you're posting about the same thing,

so I'll ask directly -

When you, the petitioner, went in to the Consulate on an appointment for American Citizen Services, and talked with a Vice-Consul there,

what was the result ?

and - myself and other folk have already written back in your other topic, that the list of things you submitted was not sufficient to prove up the maintaining of a USA Domicile. Those were great for proof of re-establishing a USA domicile, but you needed two other things at the time of submittal ( 1. signed lease document and 2. letter of job-offer ) and IMO, and others, you not chase after the 're-establishing' bit, and instead submitted stuff trying to show 'maintaining'.

If you aren't going in to talk with a Vice-Consul during an ACS appointment about the re-establishing guidelines to be applied to the casefile, IMO, yer spinning yer wheels and wasting yer time.

Edited November 21, 2013 by Darnell

[WrotoMco 0]

This all sounds very strange. I actually did not know you can do DCF at the American Embassy in Warsaw. Let me ask you this: do you hold a U.S. passport or just have a GC? Also, how long have you been living in the States and how long has it been since you came back to Poland?

Hey Bluebird,

I am a US citizen and hold a US passport. I lived in the US from birth until 3 years ago when I moved to Poland to be with my spouse. He is the one applying for the visa and he was denied because the embassy has concluded that I no longer have domicile in the US.

[bluebird74 34]

I just remembered something and this may make you ineligible to file through DCF in Poland. According to the requirements, you cannot file at the Embassy located in the country your Non-US spouse resides in. What did they tell you exactly at the Embassy? It would be almost impossible for them NOT to accept all your proof of U.S. domicile or the intent to come back there.

[WrotoMco 0]

Well, this is another topic you're posting about the same thing,

so I'll ask directly -

When you, the petitioner, went in to the Consulate on an appointment for American Citizen Services, and talked with a Vice-Consul there,

what was the result ?

and - myself and other folk have already written back in your other topic, that the list of things you submitted was not sufficient to prove up the maintaining of a USA Domicile. Those were great for proof of re-establishing a USA domicile, but you needed two other things at the time of submittal ( 1. signed lease document and 2. letter of job-offer ) and IMO, and others, you not chase after the 're-establishing' bit, and instead submitted stuff trying to show 'maintaining'.

If you aren't going in to talk with a Vice-Consul during an ACS appointment about the re-establishing guidelines to be applied to the casefile, IMO, yer spinning yer wheels and wasting yer time.

I posted here also because I wanted to connect with someone that has been through this process at the embassy in Warsaw.

I am now cooperating with an immigration lawyer and I will let you know the outcome.

Thanks for your opinion.

[bluebird74 34]

Hey Bluebird,

I am a US citizen and hold a US passport. I lived in the US from birth until 3 years ago when I moved to Poland to be with my spouse. He is the one applying for the visa and he was denied because the embassy has concluded that I no longer have domicile in the US.

I got you Although, there's another thing I'm not understanding here. How could your husband have filed for CR-1 with DCF? The petitioner is you - the U.S. Citizen and he's the beneficiary. That's how filing for CR-1 filing works.