Denied Visa at Interview

[lost_at_sea 995]

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.

Husband and I both work in web technology. We're in the best place for that. I have no interest in living in Australia.

[bluebird74 34]

Husband and I both work in web technology. We're in the best place for that. I have no interest in living in Australia.

I agree. Good money to be made in the IT field in the U.S. The only downside is, you don't get enough vacation time at most companies. My best friend in the U.S., has changed his field, got some IT certifications and found a new job. Had to work for a year for less then usual pay (for junior admin), due to the lack of work experience, then changed jobs and was able to get more money from start. This is what I love about America, in many cases, you can land a job if you show interest in learning something new. I hate to say this, but this is not the case in a lot of countries within the EU. Even in the UK, you have to have NVQ's and all kind of certifications from trade school or courses, before you can be even considered for an interview. Would you agree?

[lost_at_sea 995]

I agree. Good money to be made in the IT field in the U.S. The only downside is, you don't get enough vacation time at most companies. My best friend in the U.S., has changed his field, got some IT certifications and found a new job. Had to work for a year for less then usual pay (for junior admin), due to the lack of work experience, then changed jobs and was able to get more money from start. This is what I love about America, in many cases, you can land a job if you show interest in learning something new. I hate to say this, but this is not the case in a lot of countries within the EU. Even in the UK, you have to have NVQ's and all kind of certifications from trade school or courses, before you can be even considered for an interview. Would you agree?

Not particularly (in regards to the industry and work that I do). My husband and I both get a lot of vacation in the US (because we negotiate for it) and we're both quite senior.

Edited November 23, 2013 by lost_at_sea

[Harpa Timsah 13,258]

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.

This is not correct. You do not have to pay double tax but as a USC you need to report all world income and file taxes. File is not the same as pay. To the US, you are a US citizen only.

To the OP: I strenuously agree that your evidence was not good enough. I know you are upset, but take a look at your evidence with fresh eyes and try to take emotion about of it. You have a lot of things, but many of them don't mean much. There are two paths: proof that you did not abandon domicile, or intent to reestablish domicile. You have abandoned residency, I can tell you, so choose the second path. Credit cards, voter ID, that has nothing to do with bots on the ground in the US. Forget it. You have abandoned your residence, but you still have those things, so that shows they have little or no value for this purpose.

What you need is solid documentation that you have made plans and set things up for life in the US. Promises to crash at a friend's place or generic job promises won't do. You need a real lease (you can sign from abroad, have a friend look at the place, or take a trip and get it set up), and you need a real job, or proof that you have had interviews or something.

Good luck.

[Ontarkie 14,133]

~~Second Duplicate thread Merged, Do not make another thread in a different forum it is not needed~~

[WrotoMco 0]

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

Taken from US Department of State Foreign Affairs Manual 9-Visas

Section 9 FAM 40.41 N7.1-2 Establishing the Existence of a U.S. Domicile

"The sponsor must establish an address (a house, an apartment, or

arrangements for accommodations with family or friend) and either must

have already taken up physical residence in the United States"

You no not need a signed lease.

[observatorka 197]

My husband moved to Poland in August 2012.

I'm worried that it's gonna happen to us too, just because we wanted to be together.

Everybody/everything is waiting for us there.

My husband lived with parents before he got here, so we can not provide any important documents with his name on (bills etc.), his driving licence expired.

Meh, i have so many concerns

[Darnell 8,478]

Taken from US Department of State Foreign Affairs Manual 9-Visas

I'm ecstatic yer doing some research.

I hope you can refactor the first plan and resubmit into the IV unit, soonish. Or at least, after the Thanksgiving Holiday.

[observatorka 197]

My husband had his interview at the Embassy in Warsaw today and after 3 hours of waiting he was denied his visa because they didnt have sufficient proof that I reside in the US, which I dont.

I have lived in Poland for the last three years, but still maintain an address in Florida. I still have a bank account in Florida, but I dont own property there. I have temporary residency in Poland, but still use my US address for most correspondence.

They are asking us for telephone records from a US number, utility bills in my name, a US life insurance policy??, or proof of owning property.

Have you heard of this before? Any ideas on how to satisfy this requirement?

We figured with an interview date and medical exams complete the interview would be a formality only and now I am devastated. They suggested that I move to the US and my husband could come later after I have met these requirements. Is this really the best practice?

Any news?

Kept my fingers crossed for you!

[WrotoMco 0]

Any news?

Kept my fingers crossed for you!

Thanks for checking in and for the positive thoughts! No news as of now. I returned the US at the end of December and my husband stayed in Poland. We are sending out next batch of documents to the embassy tomorrow and will hopefully know something next week. I will keep you posted. Hope all is well with you.

[observatorka 197]

Thanks for checking in and for the positive thoughts! No news as of now. I returned the US at the end of December and my husband stayed in Poland. We are sending out next batch of documents to the embassy tomorrow and will hopefully know something next week. I will keep you posted. Hope all is well with you.

so the system pinned you down and you had to return to the US, that's sad

i'm sure that everything will be fine and husband will join you very soon.

good luck!!!

my case is in the USCIS, it's been 8 months. not sure when can we expect the approval, it's ridiculous.

[przyjaciel 5]

My husband moved to Poland in August 2012.

I'm worried that it's gonna happen to us too, just because we wanted to be together.

Everybody/everything is waiting for us there.

My husband lived with parents before he got here, so we can not provide any important documents with his name on (bills etc.), his driving licence expired.

Meh, i have so many concerns

I have been living in Poland with my wife for close to six years now, so I am in a somewhat similar situation.

Your husband needs to take pro-active steps to re-establish domicile even before you receive NOA2 and your documents get sent to the NVC for further processing.

If possible, he should see if he can renew his driver's license online so he has a current identification document with the address you intend to live at when you move to the States.

He should request his voter identification card, also preferably sent to the address you intend to live at.

If you plan to live with his parents when you move, you should have them pull up proof of home ownership at the given address, and have them write a letter indicating you will be living with them initially until you are able to find your own place.

If possible, have them put some of the bills in his name and indicate he will be paying said bills as proof of intent to re-establish domicile.

Do you have jobs lined up? If not, or if you do and they do not offer health insurance benefits, than you can actually go ahead and sign up for coverage through the Affordable Care Act ("Obamacare") and present proof of health coverage as evidence as well. You have until March 31st I believe to sign up.

It might seem like you have a lot of time until your interview date, but sometimes gathering these documents from different people, different government agencies and providers is a bit like herding cats. For the voter registration information, it can sometimes take a month to get your new card in the mail and then you have to figure in the time it will take to send it to Poland and back to the US.

I know it can seem overwhelming, but make a list of things to gather and try to get your husband to accomplish as much as he can before you need to send the documents to the NVC. That will you will both be better prepared, and can be less stressed out because you will know you have done what you can.

[observatorka 197]

I have been living in Poland with my wife for close to six years now, so I am in a somewhat similar situation.

Your husband needs to take pro-active steps to re-establish domicile even before you receive NOA2 and your documents get sent to the NVC for further processing.

If possible, he should see if he can renew his driver's license online so he has a current identification document with the address you intend to live at when you move to the States.

He should request his voter identification card, also preferably sent to the address you intend to live at.

If you plan to live with his parents when you move, you should have them pull up proof of home ownership at the given address, and have them write a letter indicating you will be living with them initially until you are able to find your own place.

If possible, have them put some of the bills in his name and indicate he will be paying said bills as proof of intent to re-establish domicile.

Do you have jobs lined up? If not, or if you do and they do not offer health insurance benefits, than you can actually go ahead and sign up for coverage through the Affordable Care Act ("Obamacare") and present proof of health coverage as evidence as well. You have until March 31st I believe to sign up.

It might seem like you have a lot of time until your interview date, but sometimes gathering these documents from different people, different government agencies and providers is a bit like herding cats. For the voter registration information, it can sometimes take a month to get your new card in the mail and then you have to figure in the time it will take to send it to Poland and back to the US.

I know it can seem overwhelming, but make a list of things to gather and try to get your husband to accomplish as much as he can before you need to send the documents to the NVC. That will you will both be better prepared, and can be less stressed out because you will know you have done what you can.

THANK YOU!!!

it's very helpful, gonna do our best to get all the necessary documents!

[Sara.25 1]

Hi how did your cases end up?

[mmaarreekk 45]

Any updates?