Trouble in Kuwait K-1 Visa

[GG&RG 23]

Ok, We have had our interview...after the interview I received a email requesting proof of domicile stating that consular was not convinced we were going to live in the USA, and if no other documentation was sent they will have to deny our K1!!?? (Why else would we ask for a K1 visa is that required in the first place??) Anyway is there a law against marring in the USA and returning to Kuwait if we wanted to? We dont by the way, I want to go home and live there.

I sent them 10-12 documents back in return email,10 days ago, I have had no response. Today I had to take my passport in for renewal as my passport expires before my contract end in March. I had the opportunity to ask the Immigration officer the status of our case. She told me that they have my fiancee passport, but have not looked at any of my emails?! She then asked me are you planing on leaving Kuwait I said yes, we are awaiting approval, we will submit required notice of termination and go to my home. She then asked me are we coming back, I said no. She stated to me that she would have the consular look at the documents with my name and address on them. Is this not unusual, I wonder why all of this extra stuff?? I have not received a Official Request for Additional document/proof. But only email, which I have immediately responded to. Anyone have ideas??

Edited November 20, 2013 by GG&RG

[Merrytooth 5,748]

what documents have you submiited to prove domicile in US?

To prove, establish or reestablish domicile, a sponsor must set up a principal residence in the United States. This would entail obtaining a residence (house or apartment) and taking up physical residence. There is no minimum time required to establish residence, but a credible demonstration of an actual residence in the United States is required.

“Intent to Domicile” for U.S. Citizens Returning from Overseas

A convincing combination of the following types of action might be considered as an indication of a U.S. citizen’s “intent to domicile” in the U.S.:

1. Establishing an address in the United States
2. Setting up and maintaining bank accounts in the United States
3. Transferring funds to the United States
4. Making and maintaining investments in the United States
5. Seeking employment in the United States
6. Applying for a social security number
7. Voting in U.S. local, state, or federal elections
8. Enrolling children in U.S. schools
9. Paying U.S. income taxes
10. Taking steps to relinquish residency in a foreign country

*The domiciliary requirement applies to the petitioner, sponsor and joint sponsor(s)

Domicile is a complex issue and is determined on a case-by-case basis. The burden of proving domicile lies with the U.S. citizen sponsor, who must offer evidence sufficient for the adjudicating officer to make a finding. A finding regarding domicile is an evidentiary question that will be unique to each applicant, and it is within the delegated authority of the consular or USCIS officer to make such a determination at his or her professional discretion.

[GG&RG 23]

Thank you!!, I have supplied to them most of the above information. Tax forms, Drivers Lic, Phone bills, Copy of the Deed, Insurance Bills, Cable bills, 1040/w2, bank account a copy of a personal check and a copy of my overseas contract showing that is year by year. All have my name and address listed. I hope they will just look over what I have sent.

Edited November 20, 2013 by GG&RG

[volkditty 23]

Wow, that sucks. My fiancee and I also met while I was on contract in Kuwait. I'm already back in the USA though, so I don't expect we'll run into the same issue. If you've provided the paperwork Merrytooth listed you should be ok, but it's still annoying that you had to go there and find out they hadn't read your e-mails. Hopefully it clears up for you both soon.

As far as coming to the States and possibly returning to Kuwait one day...once your wife gets her green card and is a permanent resident, she's free to travel internationally under certain restrictions. If she's outside of the States for more than a year, that implies that she didn't really intend to make the US her new home and can jeopardize her status. If you were going to take another contract in Kuwait and be out of the country for more than a year, she'd have to fill out an I-131.

This link can explain it better: International Travel as a Permanent Resident

[GG&RG 23]

Thank you volkditty, I have no intentions of ever coming back here... Maybe a visit, but not likely.

[volkditty 23]

Haha, after working there for 3 years I feel exactly the same.

[TBoneTX 45,273]

*** Thread moved from K-1 Process forum to the Embassy/Consulate forum -- topic involves that phase. ***