Denied Visa at Interview

[bluebird74 34]

US Citizen must show proof of US domicile/intent to reestablish domicile to qualify as a Sponsor for the I-864.

it says that one must show proof of domicile or the intent to reestablish. It doesn't say anything that you have to have a job, lease, etc. There are many American expats living abroad and they have the right to marry a foreigner and come back to the U.S. However, I am confused as to how WrotoMco actually filed and how. I mentioned this in my previous reply.

[WrotoMco 0]

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.

We actually filed through the chicago lockbox and everything was sent from the NVC to the embassy in Warsaw. So I guess thats not DCF. Sorry, I guess I read the bit about both spouses living abroad and got mixed up. They told me that I need to prove US domicile before they can issue the visa and that it would be almost impossible while I am physically in Poland. After the domicile claim was denied I tried to submit documents showing intent to return and re-establish domicile and they were also insufficient.

[bluebird74 34]

We actually filed through the chicago lockbox and everything was sent from the NVC to the embassy in Warsaw. So I guess thats not DCF. Sorry, I guess I read the bit about both spouses living abroad and got mixed up. They told me that I need to prove US domicile before they can issue the visa and that it would be almost impossible while I am physically in Poland. After the domicile claim was denied I tried to submit documents showing intent to return and re-establish domicile and they were also insufficient.

So you basically filed for K3 visa (spousal visa). This is a long process and it takes up to 12 months. It is very strange for them to deny further processing due to your lack of U.S. domicile. Although, since they know you have resided in Poland for the last three years, they may be afraid of fraudulent visa claim. It's hard to say. You should move with your husband to a different country in EU for a while and then file DCF.

[lost_at_sea 995]

So you basically filed for K3 visa (spousal visa). This is a long process and it takes up to 12 months. It is very strange for them to deny further processing due to your lack of U.S. domicile. Although, since they know you have resided in Poland for the last three years, they may be afraid of fraudulent visa claim. It's hard to say. You should move with your husband to a different country in EU for a while and then file DCF.

London explains the domicile aspect for petitioners here (it'll apply to any USC abroad, DCF or normal route): http://london.usembassy.gov/faq_i864_domicile.html

Note, for petitioners without a USA domicile or lack of proof evidencing re-establishing one (the USC spouse is *always* the primary sponsor for CR/IR-1 for their wife/husband):

What if I have no intention of re-establishing a residence in the U.S?

In order to file an I-864, the sponsor must be a "resident" of the United States as described above. If you do not maintain a residence in the United States and have no intention of re-establishing a residence, there, I regret it will not be possible for you to act as sponsor. If you cannot act as a sponsor it will not be possible for your relative to qualify for immigration on the basis of an immigrant visa petition filed by yourself.

Edited November 21, 2013 by lost_at_sea

[Karee 4,190]

So you basically filed for K3 visa (spousal visa). This is a long process and it takes up to 12 months. It is very strange for them to deny further processing due to your lack of U.S. domicile. Although, since they know you have resided in Poland for the last three years, they may be afraid of fraudulent visa claim. It's hard to say. You should move with your husband to a different country in EU for a while and then file DCF.

K3 is pretty much dead.

[Ontarkie 14,218]

~~topics merged, do not make multiple threads for the same or similar question(s), it makes getting clear answers difficult. ~~

[Jawaree 717]

Utility bills/mortgage

current drivers license

Club, group, or library membership would help.

maybe if U start the job with all this he'll be right behind U

[WrotoMco 0]

So you basically filed for K3 visa (spousal visa). This is a long process and it takes up to 12 months. It is very strange for them to deny further processing due to your lack of U.S. domicile. Although, since they know you have resided in Poland for the last three years, they may be afraid of fraudulent visa claim. It's hard to say. You should move with your husband to a different country in EU for a while and then file DCF.

Nope. Not K3. Definitely CR-1

[bluebird74 34]

Nope. Not K3. Definitely CR-1

Ok. CR-1 is similar to K-3, with the difference that with CR-1, you don't have to file the adjustment of status and the beneficiary (your husband) gets his green card right away (few weeks after arriving in the U.S.).

User lost_at_sea has made a good point about the requirement of proving your U.S. domicile or the intent to reestablish one. I think, it all depends on who you get that oversees your paperwork. To me, you have enough evidence to show the genuine interest to reestablish your U.S. domicile. It looks as though, you may have ran out of options and coming back to the States, securing a job might be the only thing you can do at this point. Sorry and good luck. Sadly, my case is very similar to your. Although I haven't yet filed for my soon to be wife. I've been living in Europe for the past 5 years.

[bluebird74 34]

Utility bills/mortgage

current drivers license

Club, group, or library membership would help.

maybe if U start the job with all this he'll be right behind U

From what I've gathered, she does have a valid DL and has other documents that would normally be viewed as having strong ties to the U.S.

[bluebird74 34]

London explains the domicile aspect for petitioners here (it'll apply to any USC abroad, DCF or normal route): http://london.usembassy.gov/faq_i864_domicile.html

Note, for petitioners without a USA domicile or lack of proof evidencing re-establishing one (the USC spouse is *always* the primary sponsor for CR/IR-1 for their wife/husband):

I have actually seen this info earlier. I think you have posted this in a different thread. Thanks for that

I can only say, it's sad and unfair that being a U.S. Citizen, you would have such a difficulty with moving back to the U.S. with your foreign spouse. The government doesn't care how long you've been living abroad when you come back to the States. They don't care if you have a job or will live under the bridge, but when you want to bring your spouse in, all of the sudden it matters. My situation may not be any different from that of WrotMco's, because I (as a dual citizen) have lived in Europe for the past 5 years and I have no mortgage, lease or car payment in the States. I left the States to care for my dying grandma so I knew I wasn't going to be back for a while. I'm ready to go back, because I basically grew up in America and that's where I got my education and work experience. United States is where I feel I belong. I just renewed my DL last year and reopened my bank account. No rented place, but I still have my valid mailing address (at family member's house). I now have a fiance and I want to move back to the U.S. with her. I've got enough money put away, to rent a place for a while and find a job. I could have gotten a job "yesterday" but I don't want to fly back without my wife. I want to be here with her to support her throughout the visa process and guide her through the airport and all. Procedures are procedures, but it does clearly state, that one should satisfy the consular agent with evidence of (in mine and WrotoMco's case) genuine intent of reestablishing the U.S. domicile.

[WrotoMco 0]

I have actually seen this info earlier. I think you have posted this in a different thread. Thanks for that

I can only say, it's sad and unfair that being a U.S. Citizen, you would have such a difficulty with moving back to the U.S. with your foreign spouse. The government doesn't care how long you've been living abroad when you come back to the States. They don't care if you have a job or will live under the bridge, but when you want to bring your spouse in, all of the sudden it matters. My situation may not be any different from that of WrotMco's, because I (as a dual citizen) have lived in Europe for the past 5 years and I have no mortgage, lease or car payment in the States. I left the States to care for my dying grandma so I knew I wasn't going to be back for a while. I'm ready to go back, because I basically grew up in America and that's where I got my education and work experience. United States is where I feel I belong. I just renewed my DL last year and reopened my bank account. No rented place, but I still have my valid mailing address (at family member's house). I now have a fiance and I want to move back to the U.S. with her. I've got enough money put away, to rent a place for a while and find a job. I could have gotten a job "yesterday" but I don't want to fly back without my wife. I want to be here with her to support her throughout the visa process and guide her through the airport and all. Procedures are procedures, but it does clearly state, that one should satisfy the consular agent with evidence of (in mine and WrotoMco's case) genuine intent of reestablishing the U.S. domicile.

I have done my research and it seems to me that I have submitted enough proof. Everyone I know who has been in a similar situation (different embassies) agree that what I've given is sufficient. Last night I spoke with an immigration lawyer who reviewed our documents and he also agrees that the embassy has made an error. Unfortunately none of this validation equals a visa for my husband, so in five weeks I will travel alone and wait until the consular officers are satisfied.

Bluebird, I wish you and your fiance a lot of luck during this process. Maybe everything will go really smoothly for you. I will keep you updated on how our case turns out, maybe it will be useful to you in the future. All the best.

[bluebird74 34]

I have done my research and it seems to me that I have submitted enough proof. Everyone I know who has been in a similar situation (different embassies) agree that what I've given is sufficient. Last night I spoke with an immigration lawyer who reviewed our documents and he also agrees that the embassy has made an error. Unfortunately none of this validation equals a visa for my husband, so in five weeks I will travel alone and wait until the consular officers are satisfied.

Bluebird, I wish you and your fiance a lot of luck during this process. Maybe everything will go really smoothly for you. I will keep you updated on how our case turns out, maybe it will be useful to you in the future. All the best.

I agree with you. The information you have provided , should have sufficed. It clearly shows your interest to reestablish your domicile in the U.S. I think, that given the history of visa processing in Warsaw, this could have been a factor in your case. How long has it been since you filed your petition and what level of completion are you on?

[WrotoMco 0]

I agree with you. The information you have provided , should have sufficed. It clearly shows your interest to reestablish your domicile in the U.S. I think, that given the history of visa processing in Warsaw, this could have been a factor in your case. How long has it been since you filed your petition and what level of completion are you on?

We filed the petition through the Chicago lockbox in January. It was approved in March and sent to the NVC. The NVC forwarded our paperwork to the embassy in Warsaw in September, but did not include our joint sponsor paperwork. My husband had his interview and medical exam in Warsaw in October and we were shocked about the domicile problem AND that they didnt have the joint sponsor paperwork. I called the NVC the same day and they said that they never received any joint sponsor documents for our case.

SO I started gathering documents again and a month later we received a package (in Poland) from the NVC with all our missing paperwork stamped "Received August 26". No idea where it sat for 2 months and why there was no record of it when I called. No explanation from them. So we passed it along to the embassy, the joint sponsor was approved, and now we are stuck on this domicile issue. So there is the whole story. I dont know it is always such a mess or if we've just had bad luck, but if I sound a little bitter with this process thats why

[Darnell 8,478]

I agree with you. The information you have provided , should have sufficed. It clearly shows your interest to reestablish your domicile in the U.S. I think, that given the history of visa processing in Warsaw, this could have been a factor in your case. How long has it been since you filed your petition and what level of completion are you on?

But the letter presented was not for evidence of 're-establishment', it was for 'maintaining'. Different sets of guidelines, those 2 things, for any Vice-Consul to use for evaluation.

I had some hope the OP would make it in to the Consulate on an American Citizen Services appointment, talk with a Vice-Consul, note the error the IO made on interview day and ask for a different evaluation based on 're-establishment'. So far, she hasn't done that, and is suffering a bit because of it.