221(g) for domicile and/or proof of funds

[darth vader 133]

I was wondering that in cases where people get a 221(g) for domicile and/or proof of funds, which one of the following applies:

 

1. Do they get only one year to satisfy those requirements and submit more evidence OR

2. They initially get one year to respond and satisfy those requirements, but if the additional documents also do not satisfy the requirements, they are given one year again from the date when the additional documents were rejected/not found to satisfy the 221(g) requirements. Essentially, does the one-year clock reset everytime your "new/additional" documents/evidence is not accepted?

 

I want to understand if the one-year period is a hard-deadline or say you can take some steps to satisfy 221(g) requirements (e.g. move back to U.S. and get an apartment), and say that takes 4 months, you resubmit new evidence, and it is rejected four months later. At this time either months from the interview date have passed. So, do you end up having only four months left to get more documents and have it approved or do you get one year time period again to gather and resubmit more evidence.

 

If it is #1, it seems like it is incredibly risky if you get a 221(g) if you need several months to get the documents, and if they get rejected. Thanks in advance for your help!

[darth vader 133]

Inviting @pushbrk, @Ontarkie, @NikLR for advice.

[darth vader 133]

@gad33, @Boiler, @Michelle_VM, @Lemonslice - please advise

Edited February 3, 2021 by darth vader

[Lemonslice 4,836]

Why not do everything you can to avoid getting refused in the first place?

[darth vader 133]

Just now, Lemonslice said:

Why not do everything you can to avoid getting refused in the first place?

Hence this question. LOL

 

However, I am just curious in case a CO is hung up on a U.S. job, that is something we do not control. It may take a while to obtain a U.S. job and I am making sure one year is not the hard stop. If it is, I'd rather be informed now and start job hunting now however inconvenient that may be.

[Lemonslice 4,836]

While it might not be your ideal job, Target stores are hiring at $15/hr... Enough income to show to the consulate. 

[darth vader 133]

3 hours ago, Lemonslice said:

While it might not be your ideal job, Target stores are hiring at $15/hr... Enough income to show to the consulate. 

I think we are getting sidetracked. I suspect the time given to petitioner to satisfy 221g must be standard and coded in some policy/guideline or else we would see different COs giving different amount of time for providing additional docs, however the best I can tell is that everyone is given one year to provide additional docs for 221g. All I wanna know is if we know (either aware of such policy or have seen folks in such cases) is if this one year clock resets if they reject/are not satisfied even after you provide additional documents. It is OK if you do not know. Thank you for your input!

Edited February 3, 2021 by darth vader

[Lemonslice 4,836]

I could look it up, but one way, or the other, one year is more than enough time to move and find work.

[darth vader 133]

2 hours ago, Lemonslice said:

I could look it up, but one way, or the other, one year is more than enough time to move and find work.

I agree with you wholeheartedly. From the petitioner's perspective, it is enough time, however, once you submit, consulate may take its time to review it and by the time an uptight CO decides that this new evidence is not enough, you may not have enough time left to send more evidence without the clock being reset. I asked this question because I found a thread here yesterday where by the time a case was finally approved after submitting evidence twice, they were dangerously close to the one year mark. Now that thread was from 2009 or something so I couldn't ask the OP if there clock was reset when they were asked for more evidence the second time around.

 

If you can find something relevant on this, that would be great. Thank you for engaging with me on this discussion.

Edited February 4, 2021 by darth vader

[Nitas_man 3,100]

On 2/3/2021 at 11:03 PM, darth vader said:

I agree with you wholeheartedly. From the petitioner's perspective, it is enough time, however, once you submit, consulate may take its time to review it and by the time an uptight CO decides that this new evidence is not enough, you may not have enough time left to send more evidence without the clock being reset. I asked this question because I found a thread here yesterday where by the time a case was finally approved after submitting evidence twice, they were dangerously close to the one year mark. Now that thread was from 2009 or something so I couldn't ask the OP if there clock was reset when they were asked for more evidence the second time around.

 

If you can find something relevant on this, that would be great. Thank you for engaging with me on this discussion.

Your petition dies after 1 year of INACTION on your part and there is a process, even if it “dies”, to have it re-instated.  

 

Many on this page languish a year or longer in AP or other steps.

Proof of intent to establish US residence is a pretty low bar.  Proof of funds is pretty straightforward.  It is your intent to precede your beneficiary, start working, then have the beneficiary follow?

[gad33 47]

Never had to deal with this, so have no idea.

[darth vader 133]

On 2/5/2021 at 9:28 AM, Nitas_man said:

Your petition dies after 1 year of INACTION on your part and there is a process, even if it “dies”, to have it re-instated.  

 

Many on this page languish a year or longer in AP or other steps.

Proof of intent to establish US residence is a pretty low bar.  Proof of funds is pretty straightforward.  It is your intent to precede your beneficiary, start working, then have the beneficiary follow?

It is but we are worried if we will find a job in time that the CO will like, since they have so much subjective control over what they will accept and what they will not. If it were just up to us, we would show a lease and 10x money needed for proof of finds in the bank account. But we think the CO may force us to get a job, and since we only want to live in a city with very limited jobs, it may take several months to get a job. We do not want to take a job in a random city just because we are forced to. My wife will have to move alone to a city, and I do not want that.

[Nitas_man 3,100]

On 2/7/2021 at 9:20 PM, darth vader said:

It is but we are worried if we will find a job in time that the CO will like, since they have so much subjective control over what they will accept and what they will not. If it were just up to us, we would show a lease and 10x money needed for proof of finds in the bank account. But we think the CO may force us to get a job, and since we only want to live in a city with very limited jobs, it may take several months to get a job. We do not want to take a job in a random city just because we are forced to. My wife will have to move alone to a city, and I do not want that.

We showed no lease, just money, and were approved.  We moved back home together.  There is no lease required.  The bar is “intent to reside” not “already reside” for married couples returning from overseas.

LOL I had no idea where we would end up, our address in the US was my parent’s address (since all my mail and bank stuff went there anyway).  We could have returned and stayed there but we didnt.  We didnt arrange a lease until we had a visa.

Edited February 13, 2021 by Nitas_man

[darth vader 133]

On 2/13/2021 at 4:21 PM, Nitas_man said:

We showed no lease, just money, and were approved.  We moved back home together.  There is no lease required.  The bar is “intent to reside” not “already reside” for married couples returning from overseas.

LOL I had no idea where we would end up, our address in the US was my parent’s address (since all my mail and bank stuff went there anyway).  We could have returned and stayed there but we didnt.  We didnt arrange a lease until we had a visa.

Good for you. I had an additional question about proof of funds. We have most of our money in a joint account in a bank in Canada. Moving all the money to U.S. bank account before we are even approved would be such a hassle as we will lose money on conversion rate. Once we are approved that is a different story. Do you think NVC/CO will have a problem that 70% of our money in in Canadian bank account?

[Nitas_man 3,100]

On 2/15/2021 at 1:02 PM, darth vader said:

Good for you. I had an additional question about proof of funds. We have most of our money in a joint account in a bank in Canada. Moving all the money to U.S. bank account before we are even approved would be such a hassle as we will lose money on conversion rate. Once we are approved that is a different story. Do you think NVC/CO will have a problem that 70% of our money in in Canadian bank account?

It was good for us but we went by the book.  “Assets in the US” are listed proof of intent.  I am positive that non-US assets will probably come up.  They like the assets to be parked in the US and eyeball them extensively - source, how long, the works.  The act of moving them in itself is a demonstration of intent to reside.  IF you intend to establish ties you’ll take a conversion hit anyway, way it is.  My inclination?  Move ‘em after petition approval and before the support affidavit is submitted.

Edited February 17, 2021 by Nitas_man