Visa Refused - 221g

[Boiler 46,122]

When did he move to Texas?

[aaron2020 11,651]

Ok, your husband does not have a US domicile.  He's moving to Texas, has a driver's license from a different state, has not been back to the US for 5 years, and lives with you abroad.  The driver's license is not good proof of maintaining a domicile since he's not returning to the issuing state.

He needs to show intent to reestablish a US domicile.  Have his brother send him a rental lease.  That's the best your husband can provide at this point.  

[Sofitalian 134]

6 hours ago, Diane Hirsan said:

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. 

My husband had returned to the US before we started the IR1 process so we didn't have this part of experience. But I think what swmfly said above makes sense.

 

 

[Diane Hirsan 0]

11 hours ago, aaron2020 said:

Ok, your husband does not have a US domicile.  He's moving to Texas, has a driver's license from a different state, has not been back to the US for 5 years, and lives with you abroad.  The driver's license is not good proof of maintaining a domicile since he's not returning to the issuing state.

He needs to show intent to reestablish a US domicile.  Have his brother send him a rental lease.  That's the best your husband can provide at this point.  

Thanks for you reply, we asked his brother to write an affidavit stating that we will be resigning at his property until such time that we are able to find our own place, he had that notarized we well. 

Edited February 7, 2021 by Diane Hirsan

[Diane Hirsan 0]

2 hours ago, mave said:

My husband had returned to the US before we started the IR1 process so we didn't have this part of experience. But I think what swmfly said above makes sense.

 

 

Thanks for sharing your experience nonetheless 🙏🏻 It really means a lot! 

[SalishSea 18,148]

1 hour ago, Diane Hirsan said:

Thanks for you reply, we asked his brother to write an affidavit stating that we will be resigning at his property until such time that we are able to find our own place, he had that notarized we well. 

That is not adequate.  I don't think you understand the domicile requirement.

[aaron2020 11,651]

5 hours ago, Diane Hirsan said:

Thanks for you reply, we asked his brother to write an affidavit stating that we will be resigning at his property until such time that we are able to find our own place, he had that notarized we well. 

An affidavit is not the same thing as a rental lease.  I did not advise an affidavit.  I advised a rental lease.

[PTA petitioner 20]

Were you asked to upload these documents under ceac? Or what tab ? After 221G? Thanks in advance 

[darth vader 133]

On 2/4/2021 at 5:06 PM, 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

Sorry, seems like you are saying you had a job that let you work remotely from abroad for long stretch of times. How did you prove your domicile/intent to reestablish domicile then?

[JeanneAdil 6,656]

On 4/30/2021 at 8:39 PM, darth vader said:

Sorry, seems like you are saying you had a job that let you work remotely from abroad for long stretch of times. How did you prove your domicile/intent to reestablish domicile then?

never worked or lived in Morocco 

i retired early when my late husband died and i spent as much as 3 months in Morocco 

but i own house in TN and all my retirement and annuity payments go there 

i just spent months in morocco to satisfy immigration and be with ADil