F2A son's visa in admin processing because petitioner didnt spend enough time in the US

[Nabil_ka 21]

Hello,

We have a mother petitioning for a child under 21 for F2A. During the interview, the consulate told the child who is 20 years old that the mother did not stay in the US long enough. They said that they will keep the case in administrative processing until the mother spends enough time in the US. Has anyone been in this situation? if so, how long does the mother have to spend in the US before they approve the visa?

Thanks,

[SusieQQQ 11,586]

The mother needs to prove domicile in the US. These visas are family reunification visas, to reunite in the US. If she is not living there, then there is no fundamental reason to issue the visa.

 

Who is the financial sponsor, presumably there is a joint sponsor ( if the mother is not spending enough time there she is unlikely to have sufficient US income to act as sole sponsor)?

Edited October 25, 2019 by SusieQQQ

[SusieQQQ 11,586]

This may help you.

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/establish-financial-support/i-864-affidavit-faqs.html

Domicile

What does domicile mean? 

 

Domicile is the place where a sponsor has his or her principal “residence” with the intention to maintain that residence for the foreseeable future.  To qualify as a financial sponsor, a petitioner must be domiciled in any of the several States of the United States, the District of Columbia, or any territory or possession of the United States.  A lawful permanent resident (LPR) sponsor also must maintain his or her LPR status. 

A sponsor who is not currently living in the United States may meet the domicile requirement if he or she can submit evidence to establish that any of the following conditions apply:

• The sponsor is employed by a certain organization. 
• The sponsor is living abroad temporarily and has maintained his or her domicile in the United States.
• The sponsor intends in good faith to establish his or her domicile in the United States no later than the date of the intending immigrant’s admission to the United States.

If not submitted to NVC along with the Affidavit of Support form, the petitioner will need to provide the visa applicant with evidence of his or her domicile. The visa applicant will need to bring that evidence to the visa interview for the consular officer to review.

 

 

Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a financial sponsor? 

 

No, if a petitioner cannot satisfy the domicile requirement, the petitioner fails to qualify as a sponsor for the purposes of submitting Form I-864.

 

 

If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864? 

 

No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor.

 

Can a sponsor maintain U.S. domicile while living abroad temporarily? 

 

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she departed the United States for a limited and not indefinite period of time,
• He/she intended to maintain a domicile in the United States, and
• He/she has evidence of continued ties to the United States.

Examples of proof that a sponsor’s trip abroad is temporary and that he or she has maintained a domicile in the United States may include:

• A voting record in the United States
• Records of paying U.S. state or local taxes
• Having property in the United States
• Maintaining bank or investment accounts in the United States
• Having a permanent mailing address in the United States
• Other proof such as evidence that the sponsor is a student studying abroad or that a foreign government has authorized a temporary stay

[Nabil_ka 21]

1 minute ago, SusieQQQ said:

The mother needs to prove domicile in the US. These visas are family reunification visas, to reunite in the US. If she is not living there, then there is no fundamental reason to issue the visa.

 

Who is the financial sponsor, presumably there is a joint sponsor ( if the mother is not spending enough time there she is unlikely to have sufficient US income to act as sole sponsor)?

The mother is currently in the USA. She returned to the US the same month the son had the interview (August).  The joint sponsor is her other son who is a US citizen with adequate income.

It is a domicile issue, but how do we prove it? We provided a bank statement, internet bills, credit card bills, medical bills and a letter from landlord stating that she is an occupant. We don't know how else to prove it.

[SusieQQQ 11,586]

1 minute ago, Nabil_ka said:

The mother is currently in the USA. She returned to the US the same month the son had the interview (August).  The joint sponsor is her other son who is a US citizen with adequate income.

It is a domicile issue, but how do we prove it? We provided a bank statement, internet bills, credit card bills, medical bills and a letter from landlord stating that she is an occupant. We don't know how else to prove it.

I guess you’d then need some form of ongoing evidence of all that. The fact that she only moved back then does unfortunately make it look like she was just doing it to get the other child the visa. I don’t know what is a reasonable time, 6 months maybe? Does she have a job in the US? That would certainly help. She clearly stays with another family member there if such a letter was required from the landlord, and nothing you’ve provided there shows any reason why she wouldn’t just up and leave again once the other son is settled - i don’t see any real ties ? It’s kind of similar to what they look at for ties to home country when they grant a tourist visa.

[Unlockable 7,314]

3 minutes ago, Nabil_ka said:

The mother is currently in the USA. She returned to the US the same month the son had the interview (August).  The joint sponsor is her other son who is a US citizen with adequate income.

It is a domicile issue, but how do we prove it? We provided a bank statement, internet bills, credit card bills, medical bills and a letter from landlord stating that she is an occupant. We don't know how else to prove it.

The  mother has to be living here. Not simply return here now that her son had the interview. A green card is for permanent residency in the US. Bank statements and bill doesn't prove she was physically living in the US.

[geowrian 22,337]

Agreed with the others - the issue is likely that she hadn't been actually living in the US long enough yet to convince the CO that they are domiciled in the US.

Unfortunately I don't see a quick fix here...it will just take some more time to convince the CO that she really is intending to stay in the US now. Having a job would probably help (or if she does have one, providing evidence of it).

Have they contacted the consulate to provide ongoing evidence of her remaining in the US since the interview? I would keep doing so and keep providing more evidence (new monthly bills, if anything).

[Nabil_ka 21]

1 minute ago, geowrian said:

Agreed with the others - the issue is likely that she hadn't been actually living in the US long enough yet to convince the CO that they are domiciled in the US.

Unfortunately I don't see a quick fix here...it will just take some more time to convince the CO that she really is intending to stay in the US now. Having a job would probably help (or if she does have one, providing evidence of it).

Have they contacted the consulate to provide ongoing evidence of her remaining in the US since the interview? I would keep doing so and keep providing more evidence (new monthly bills, if anything).

We have only sent bills once. We plan on sending more in Dec. Hopefully that will help.

[Unesouad22 9]

2 hours ago, Nabil_ka said:

The mother is currently in the USA. She returned to the US the same month the son had the interview (August).  The joint sponsor is her other son who is a US citizen with adequate income.

It is a domicile issue, but how do we prove it? We provided a bank statement, internet bills, credit card bills, medical bills and a letter from landlord stating that she is an occupant. We don't know how else to prove it.

Send a letter to ur Congress man telling him what happend and she can not stay here for ever because she need to be there for her son and ur dad than he will force them to move

[geowrian 22,337]

5 minutes ago, Unesouad22 said:

Send a letter to ur Congress man telling him what happend and she can not stay here for ever because she need to be there for her son and ur dad than he will force them to move

Nothing they can do about a CO's judgement call.

[Boiler 45,525]

Pay slips? Evidence for her Employer?

[designguy 1,179]

The consular officer saying they are going to keep the case open until the mother spends enough time sounds reallllllly suspicious. 
 

Sometimes the CO needs extra documents or such to make a decision and the beneficiary is given a chance to provide them. But it’s a decision that based on the facts as they have them, not what things may change in the future. If you aren’t qualified the visa is denied or returned to uscis. Something doesn’t pass the smell test. 

[Unlockable 7,314]

8 hours ago, Unesouad22 said:

Send a letter to ur Congress man telling him what happend and she can not stay here for ever because she need to be there for her son and ur dad than he will force them to move

That doesn't work at all. A Congress person, or anybody else for that matter, can not have any influence over a CO's decision. 

 

When the mother accepted her green card, she agreed to the physical requirements of being in the US, it doesn't matter what her situation with her son was. If she didn't want to leave her son behind and live in another country, then she should've have become a permanent resident of the US. People need to understand that they can't have it both ways.

[Unesouad22 9]

4 minutes ago, Unlockable said:

That doesn't work at all. A Congress person, or anybody else for that matter, can not have any influence over a CO's decision. 

 

When the mother accepted her green card, she agreed to the physical requirements of being in the US, it doesn't matter what her situation with her son was. If she didn't want to leave her son behind and live in another country, then she should've have become a permanent resident of the US. People need to understand that they can't have it both ways.

No that's not right 

I know what I am saying  not just saying it.

Because my auntie spend only one month in here USA every year and she bring a doctor notice saying that her health isn't that good 

And that her kids are in the country and she cant stay away from theme  and  she only wait for them to come to USA to leave there. 

Than they approve there cases after one week

She has two kids BTW  

[Unlockable 7,314]

3 hours ago, Unesouad22 said:

No that's not right 

I know what I am saying  not just saying it.

Because my auntie spend only one month in here USA every year and she bring a doctor notice saying that her health isn't that good 

And that her kids are in the country and she cant stay away from theme  and  she only wait for them to come to USA to leave there. 

Than they approve there cases after one week

She has two kids BTW  

No. What I said is true. Nobody can influence a decision of a CO officer. The OPs case a decision was already made. A congressman can't and won't change the decision.