Visa Refused - 221g

[Diane Hirsan 0]

Hi, just want to ask if anyone was given a 221g blue form requesting for petitioner’s proof of domicile? Provided Petitioner’s US bank account & tax returns and yet good enough 😞

[aaron2020 11,651]

US bank accounts and US tax returns are not good enough.  A US citizen can live anywhere in the world and have US bank accounts and must file US tax returns.

Does your spouse have a US job that requires them to be physically in the US?  That's the best proof.  

Where is your spouse living right now?   Where is your spouse working right now?

Edited February 4, 2021 by aaron2020

[payxibka 10,045]

18 minutes ago, Diane Hirsan said:

Hi, just want to ask if anyone was given a 221g blue form requesting for petitioner’s proof of domicile? Provided Petitioner’s US bank account & tax returns and yet good enough 😞

Current US drivers license ?

[Sofitalian 134]

Perhaps evidence of proactively looking for jobs in the US if your spouse isn't there already? Or seeking current employer to relocate back to US?

[JeanneAdil 6,510]

US driving license and lease agreement or copy of deed to a house or condo

 

i had US bank account and my money went straight into it even though i was in Morocco for months at a time

i even files US tax returns online from there in 2011  

so neither of the above show US residency 

 

and you have to do as immigration requests always or case goes no further

[Kionyo 5]

9 hours ago, JeanneAdil said:

US driving license and lease agreement or copy of deed to a house or condo

 

i had US bank account and my money went straight into it even though i was in Morocco for months at a time

i even files US tax returns online from there in 2011  

so neither of the above show US residency 

 

and you have to do as immigration requests always or case goes no further

Provide current paystubs that show a USA address. Or 6-month bank statements (not credit cards!) that show shopping withdrawals etc

Edited February 5, 2021 by Kionyo
Entry error

[JeanneAdil 6,510]

8 hours ago, Kionyo said:

Provide current paystubs that show a USA address. Or 6-month bank statements (not credit cards!) that show shopping withdrawals etc

when submiiting bank statements , you can block out the account #  as i did / only name and address and bank info need to be shown

[swmfly 45]

22 hours ago, Diane Hirsan said:

Hi, just want to ask if anyone was given a 221g blue form requesting for petitioner’s proof of domicile? Provided Petitioner’s US bank account & tax returns and yet good enough 😞

As a Petitioner, in addition to the evidence you mentioned (US bank account + tax returns), I submitted copies of my state driver's license and voter registration card/voting record. Since I am employed overseas, I submitted a written statement explaining how I have maintained US domicile.

Good luck 

[Diane Hirsan 0]

13 hours ago, swmfly said:

As a Petitioner, in addition to the evidence you mentioned (US bank account + tax returns), I submitted copies of my state driver's license and voter registration card/voting record. Since I am employed overseas, I submitted a written statement explaining how I have maintained US domicile.

Good luck 

Thanks for your reply, my husband is the petitioner and he’s currently with me residing in Hong Kong. We filed for the R1 visa and his domicile is being questioned as he hasn’t been back to US for almost 5 years. We plan to stay with his brother in Texas, who also is our joint sponsor. He signed an affidavit of lease agreement stating he will be financially responsible for me & my husband until such time that we get our own place. Don’t know if that’s sufficient enough. In addition, he has a Driver’s license which will expire in 2022 but is registered in a different state (NYC) Can that be included as proof of his domicile? 

[Diane Hirsan 0]

On 2/5/2021 at 5:31 AM, aaron2020 said:

US bank accounts and US tax returns are not good enough.  A US citizen can live anywhere in the world and have US bank accounts and must file US tax returns.

Does your spouse have a US job that requires them to be physically in the US?  That's the best proof.  

Where is your spouse living right now?   Where is your spouse working right now?

Thanks for your reply, my husband is the petitioner and he’s currently with me residing in Hong Kong. We filed for the R1 visa and his domicile is being questioned as he hasn’t been back to US for almost 5 years. We plan to stay with his brother in Texas, who also is our joint sponsor. He signed an affidavit of lease agreement stating he will be financially responsible for me & my husband until such time that we get our own place. Don’t know if that’s sufficient enough. In addition, he has a Driver’s license which will expire in 2022 but is registered in a different state (NYC) Can that be included as proof of his domicile? 

[Diane Hirsan 0]

On 2/5/2021 at 5:45 AM, payxibka said:

Current US drivers license ?

He does have one which is valid until 2022. However, it is registered in a different state. He recently had his US permanent address changed to his brother’s house in Texas where we intend to stay until we are able to acquire a lease to a property. Can we still include his license as proof of domicile? 

[Diane Hirsan 0]

On 2/5/2021 at 5:57 AM, mave said:

Perhaps evidence of proactively looking for jobs in the US if your spouse isn't there already? Or seeking current employer to relocate back to US?

Hi! Thanks for your reply. Just noticed that ur location is in Hong Kong. My husband, the petitioner, and I have been here since 2016. CO is questioning his legal status in the US as he hasn’t been back for so long. We are gathering emails from all the jobs that he applied to, mostly just confirmation emails. Also, we plan to include the declaration he made at the Home Land Department stating that he will permanently depart from Hong Kong with no intention of returning for employment. Will that be sufficient enough? Did you also apply for a spouse visa here in HK? If so please do let me know the necessary steps you made to re-establish domicile in the US. 

[swmfly 45]

18 minutes ago, Diane Hirsan said:

We plan to stay with his brother in Texas, who also is our joint sponsor. He signed an affidavit of lease agreement stating he will be financially responsible for me & my husband until such time that we get our own place. Don’t know if that’s sufficient enough. In addition, he has a Driver’s license which will expire in 2022 but is registered in a different state (NYC) Can that be included as proof of his domicile? 

You should try to use the license, yes. Your husband should submit a written statement, explaining and demonstrating his intent to maintain domicile in the US, despite being abroad temporarily. Your husband must be able to demonstrate continued ties to the US while being abroad temporarily (he should emphasize the temporary nature of being overseas in his statement). Your husband could state that from X date to Y date, his address in the US was in New York state, as reflected on his current state driver's license. Your husband could then state that his new permanent address in Texas is current from Z date. Your husband has to demonstrate domicile before your joint sponsor can be accepted.

 

I'm sure you have already read all of the guidelines, but just in case, review this section again regarding "Domicile":

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos22

[swmfly 45]

32 minutes ago, Diane Hirsan said:

In addition, he has a Driver’s license which will expire in 2022 but is registered in a different state (NYC) Can that be included as proof of his domicile? 

Also -- is your husband registered to vote (in either NY or TX)?

[Diane Hirsan 0]

1 hour ago, swmfly said:

You should try to use the license, yes. Your husband should submit a written statement, explaining and demonstrating his intent to maintain domicile in the US, despite being abroad temporarily. Your husband must be able to demonstrate continued ties to the US while being abroad temporarily (he should emphasize the temporary nature of being overseas in his statement). Your husband could state that from X date to Y date, his address in the US was in New York state, as reflected on his current state driver's license. Your husband could then state that his new permanent address in Texas is current from Z date. Your husband has to demonstrate domicile before your joint sponsor can be accepted.

 

I'm sure you have already read all of the guidelines, but just in case, review this section again regarding "Domicile":

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos22

Many thanks for your input & advice. Will inform my husband to submit a written statement together with all the documents that we have gathered. With regard to voting record, he was never registered. But he did receive a registration application form in Texas mailed to his brother’s address back in 2019 as attached below. Is that strong enough proof that he still has ties with US? 

Edited February 6, 2021 by Diane Hirsan