Denied Visa at Interview

[WrotoMco 0]

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.

Darnell,

Sorry you are feeling disappointed with me. I have submitted proof of "re-establishment" but it was rejected. ACS is not able to help since they are not the ones handling this visa. There is no way to make an appeal. Sure, I could travel 5 hours to the embassy and have someone read the domicile guidelines to me, but it wont change the fact that what I've submitted wasn't satisfactory. You have a lot of good advice, but I wont take it if I don't feel it will be beneficial, so please stop mentioning this ACS appointment.

[bluebird74 34]

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

Yeah, you should always make copies of every thing you send to the government I know a case where the USCIS lost the paperwork and the only thing the person could do, was to re-file it.

It seems to me, that since the visa application process has gone forward all the way to reach the interview, your domicile should not had been the issue. The consular officer is in the wrong.

[lost_at_sea 995]

It seems to me, that since the visa application process has gone forward all the way to reach the interview, your domicile should not had been the issue. The consular officer is in the wrong.

Domicile is only really addressed towards the end of the process (just before interview for CR/IR-1 normal cases), as it's a requirement for the I-864, which isn't submitted with the initial petition (and for DCF cases is only seen on the day of the interview).

[Darnell 8,478]

It seems to me, that since the visa application process has gone forward all the way to reach the interview, your domicile should not had been the issue. The consular officer is in the wrong.

Eh - the I-864 is adjudicated right prior to or on interview day. Although there be doc intake at NVC, that adjudication doesn't occur until the casefile hits the IV Unit. Domicile is part of the I-864.

Results of the adjudication occur on interview day. I disagree with your posit that the consular officer is in the wrong, based on what the OP submitted and which 'measuring-stick' the consular officer used for the evaluation.

[bluebird74 34]

Domicile is only really addressed towards the end of the process (just before interview for CR/IR-1 normal cases), as it's a requirement for the I-864, which isn't submitted with the initial petition (and for DCF cases is only seen on the day of the interview).

I've read your CR-1 DCF guide a few days ago, but didn't see this info there. You learn something new everyday though. I still think that the user WrotoMco's documents should have pleased the CO.

So, as with my coming case, I might face the same difficulty, unless I can make some things happen that would allow the Consular Officer to be certain of my strong intent to reestablish my domicile in the U.S. From what I've gathered from here and the official information, the entire CR-1 through DCF usually takes no longer than three months. With that said, would you think it would be feasible for me to start the process and file the initial petition (I-130), letting the wheels start turning forward, while securing a rental property for me and my wife back in the States? I have a friend who owns a property that will be available for rent again in January. I could get him to type up a lease agreement and sign it in front of a notary public here in Europe. In your opinion, would that lease, my bank account information and recently renewed U.S. DL, suffice to prove my intent to move back to the States?

[Darnell 8,478]

a signed lease, and a signed job offer letter, are the 2 things the OP was missing in her list.

[lost_at_sea 995]

I've read your CR-1 DCF guide a few days ago, but didn't see this info there. You learn something new everyday though. I still think that the user WrotoMco's documents should have pleased the CO.

So, as with my coming case, I might face the same difficulty, unless I can make some things happen that would allow the Consular Officer to be certain of my strong intent to reestablish my domicile in the U.S. From what I've gathered from here and the official information, the entire CR-1 through DCF usually takes no longer than three months. With that said, would you think it would be feasible for me to start the process and file the initial petition (I-130), letting the wheels start turning forward, while securing a rental property for me and my wife back in the States? I have a friend who owns a property that will be available for rent again in January. I could get him to type up a lease agreement and sign it in front of a notary public here in Europe. In your opinion, would that lease, my bank account information and recently renewed U.S. DL, suffice to prove my intent to move back to the States?

1. I mention in my guide that the I-864 goes with the applicant to the interview. The OP in this thread did not file DCF, so did not take the I-864 in person - that would have been mailed in advance to the NVC, as Darnell says, but likely assessed on the day by the interviewing officer.

2. It takes 3 months sometimes. You didn't confirm in the other thread where you are applying - I have assumed London because you have been posting in the UK section (Poland does not offer DCF). I managed to do my process in 3 months - then London changed a bunch of processes and some folks who filed just a couple of months after me were taking more like 4 - 5 months. There are zero guarantees about timing with immigration, and the advice on London's own page is to always give yourself 10 months for the whole process (but, it's unlikely in practice to take that long). http://london.usembassy.gov/dhs/uscis/i130filing.html

Planning Ahead

U.S. petitioners who are planning on filing for their foreign spouses/children for immigrant visas to relocate to the United States should file the Petition for Alien Relative (Form I-130) a minimum of ten (10) months prior to the date of the plan relocation.

3. You (the USC) can leave the country you are filing the I-130 in as soon as you like, if DCF. I'd recommend waiting until you have the NOA1 (receipt) back, so you know you've correctly filed the paperwork before you leave, in case you've missed something or they return it/it gets lost etc. etc.

4. Yes, a lease for a place you're moving in to is very good domicile (or re-establishing domicile) evidence, particularly if you've already started paying for it by the time the interview comes around. Your evidence sounds good, and in fact, London doesn't really press for huge amounts of detail - if you look through the forum a little, you'll find some threads from other people applying through London explaining what they used for domicile. If you've already moved back to the USA by the time the interview comes around, it'll just be a case of providing your US address on the I-864 and potentially some evidence of having taken up that residence (which would be the lease).

Edited November 22, 2013 by lost_at_sea

[bluebird74 34]

a signed lease, and a signed job offer letter, are the 2 things the OP was missing in her list.

Those two things are hard to obtain while not yet living back in the States. It should be understood and taken into consideration. No one will offer you a job if you're not there, unless you're applying for some specialty job or as an executive. In my case, I can secure the lease, because my friend will not charge me rent until I can move in, and he can wait a month or so for that. As far as the job goes, I know I can get one fairly quickly, because I know people. Unfortunately, telling them that, may not be enough. However, while in Europe, I have worked with my friend (as a EU National) and I thought about filing to register a business (LLC/LTD) upon arrival in the U.S. This would be something I could do in my spare time, besides getting full-time employment somewhere. Do you think these (my new lease and business registration) could be enough?

[bluebird74 34]

1. I mention in my guide that the I-864 goes with the applicant to the interview. The OP in this thread did not file DCF, so did not take the I-864 in person - that would have been mailed in advance to the NVC, as Darnell says, but likely assessed on the day by the interviewing officer.

I'm sorry if I get a bit confused. I've been reading a lot of information and some of that information negates one another. I thought, that after you file the I-130 (which is to be mailed to the Embassy), you get your NOA1, (right?) then you get more paperwork to fill out, along with your background information on both parties (applicant and beneficiary) and the I-864 and you also mail this in.

[Darnell 8,478]

Those two things are hard to obtain while not yet living back in the States. It should be understood and taken into consideration. No one will offer you a job if you're not there, unless you're applying for some specialty job or as an executive. In my case, I can secure the lease, because my friend will not charge me rent until I can move in, and he can wait a month or so for that. As far as the job goes, I know I can get one fairly quickly, because I know people. Unfortunately, telling them that, may not be enough. However, while in Europe, I have worked with my friend (as a EU National) and I thought about filing to register a business (LLC/LTD) upon arrival in the U.S. This would be something I could do in my spare time, besides getting full-time employment somewhere. Do you think these (my new lease and business registration) could be enough?

You not speak of prior years income in USA or current annual income in USA,

so I assume you not have those.

You'll need a joint-sponser / co-sponser for the I-864 as well.

[bluebird74 34]

You not speak of prior years income in USA or current annual income in USA,

so I assume you not have those.

You'll need a joint-sponser / co-sponser for the I-864 as well.

I'm aware of the need of a co-sponsor. That's not my concern though. The concern is mainly with domicile. I've paid taxes in the U.S. for a long time, but no, I have not filed since 2005 for I have not worked there since.

[Darnell 8,478]

ok dokie - if you read my stuff in the OPs other post, you'll get a great rundown of what's required for proving up the re-establishment of domicile.

[lost_at_sea 995]

I'm sorry if I get a bit confused. I've been reading a lot of information and some of that information negates one another. I thought, that after you file the I-130 (which is to be mailed to the Embassy), you get your NOA1, (right?) then you get more paperwork to fill out, along with your background information on both parties (applicant and beneficiary) and the I-864 and you also mail this in.

If you're applying in London via DCF, read my guide again. The I-864 goes in person at the interview.

The biographic information that you speak about goes with the I-130 (see the checklist provided by London, also in the guide).

I've paid taxes in the U.S. for a long time, but no, I have not filed since 2005 for I have not worked there since.

Huh? You have to file US taxes whether you work in the US or not if you are USC. The US wants to know about your earnings, even abroad. London mentions this also:

http://london.usembassy.gov/faq_i864_taxreturns.html

I have been working outside the United States; do I still need to file tax returns?

American citizens and legal permanent residents working abroad are required by the IRS to file a return, declaring worldwide income, even if all of their overseas income is excluded from U.S. taxes.

Edited November 22, 2013 by lost_at_sea

[bluebird74 34]

Huh? You have to file US taxes whether you work in the US or not if you are USC. The US wants to know about your earnings, even abroad. London mentions this also:

http://london.usembassy.gov/faq_i864_taxreturns.html

Yes, normally you do. Although, you do not have to file if you had no income. This is actually a common misconception among the taxpayers. Also, I have a dual citizenship. Therefore, I am not in Europe as an American. I'm a Polish-American and there is "No Double Taxation Treaty" between the U.S. and Poland. I do not have to report my income from Poland. For the I-864, they need the W-2's or/and 1040's from the past three years and since I have not lived and claimed any income in the States, I would not qualify as a sole sponsor. I would need a co-sponsor. That's all.

I will definitely re-read your guide, but there are some things that I still have questions about, which are not covered in your guide.

P.S. How come you've moved to the States? Most British Nationals immigrate to Australia. They pay well there and the houses are much cheaper. In example, for what you can get in the UK or U.S., you can get much nicer house for the same amount of money.

[bluebird74 34]

USCIS is not concerned with whether or not USCs file their tax returns or not. Their concern is to have the USC prove that they are making enough money or have enough assets to qualify as a sponsor.