Got letter to prove Domicile

[sonicview 3]

Hi,

 

I (USA citizen) is in India with my wife (Beneficiary), we happened to have an CR1 interview at consulate and when VO came to know that I have been living with spouse from last 12 months, he gave us letter saying "While the petitioner is U.S Citizen, the information provided indicates that the petitioner does not physically resides in he U.S Unless and until the petitioner provides proofs that he/she has reestablished his/her principle residence in the U.S (Domicile), we are unable to continue processing your application".

 

I am living here with my spouse and parents due to mom's health issue and her current cancer treatment. I came on a temporary visit but had to extend it.

 

I have been working from India remotely for my USA employer, received W2 for 2020 and have entire year of pay stubs. 2019 I files tax but it is still not settled yet, as it was paper filing due to ITIN application of my wife.

I have 2 bank accounts in USA and they are active, all my money from work deposits there.

I have 401K account in USA which I am contributing every month.

I have stock trading account in USA which is very active.

I have a rental house, which i have been paying every month from here, got a letter from landlord stating I have a place and pays rents on time. And have Venmo receipts and money deducting from bank to landlord name.

I have voted in 2020 election, I did postal voting and have papers regarding that.

I have a active cell phone line (remember i came for few months) so i am paying for cell phone from last 1 year with zero uses.

I have active internet connection at home on my name in an empty house, which i have been paying every month.

Utility bill is on my name too.

I have multiple credit card statements every months.

I have medical insurance from employer, which i have been paying every month.

I have car, and have active car insurance which is just parked there in USA.

I have ongoing medical treatment in USA which i had to keep on hold because i am temporarily out of USA.

I have driving license with my permanent address of USA.

I have gym membership in USA which I paused and pays 15$ per months so when I return I can restart that.

 

 

Please suggest how i can defend this domicile without going back to USA, just to prove domicile. And is me going back for couple of week ok to prove domicile, i am afraid if i go and come back then they will know by looking at my records on their system and they will think i don't want to live in USA. But the thing is, i want to stay here for couple of more months so i see some good results in my moms scans and then i will return back before my spouse entering the USA. 

If i had intention to stay here why would i be wasting couple of thousand dollars every month in USA for no reason.

 

Please help/suggest.

 

I have another elephant in room, that is pretty stupid thing of the VO, he issues 221g for relationship evidence, as he was not happy with my wife's answer that why she married me. Knowing he is issuing me domicile because I stayed with my spouse here, it was unnecessary to ask us to prove our marriage. But this relationship evidence is easy for me to prove.

 

 

 

 

 

 

 

[aaron2020 11,651]

Your proof of paying rent, your landlord's statement, your utility bills, your car registration and car payments are the best proof that you have maintained a US domicile.  Financial accounts are less important since many Americans who live full time abroad will maintain US financial accounts.  Few will pay rent and make car payments unless they intend to return to the US.  

[sonicview 3]

So talk to attorney and he said, all you have only proves the tie to USA, they want to establish the return. So you need employer letter saying your job is in USA and then you will be good.

[pushbrk 12,879]

5 hours ago, sonicview said:

So talk to attorney and he said, all you have only proves the tie to USA, they want to establish the return. So you need employer letter saying your job is in USA and then you will be good.

But you have more.  The rent receipts and letter from landlord are strong evidence you intent to return to the USA and have kept it as your primary residence.  Evidence you have been living with your wife and her family for a year, will satisfy any concern about bona fide relationship.

[sonicview 3]

On 2/24/2021 at 6:18 PM, pushbrk said:

But you have more.  The rent receipts and letter from landlord are strong evidence you intent to return to the USA and have kept it as your primary residence.  Evidence you have been living with your wife and her family for a year, will satisfy any concern about bona fide relationship.

I decided to travel to USA next week. I will be getting my lease renewed and a letter from landlord saying i have been living  there since 2004. Also getting a letter from orthodontist for the ongoing treatment and employer letter too. I have lot other proof to show tie to USA. Will it create delay in issuing visa if i supply lots of documents to prove my tie and domicile? Do i need to stay in USA until visa issued or i can come back after a month to stay with my wife and to bring her with me to USA? Can anyone guide, how i write the cover letter?

[neca 166]

18 hours ago, sonicview said:

Will it create delay in issuing visa if i supply lots of documents to prove my tie and domicile? Do i need to stay in USA until visa issued or i can come back after a month to stay with my wife and to bring her with me to USA?

I would supply the documentation you spoke up, in particular the stuff that the other posters have called out. You have a lot of good evidence, I wouldn't worry too much about the domicile. I don't see why you can't go back to India and then go back with your wife.

 

18 hours ago, sonicview said:

Can anyone guide, how i write the cover letter?

I believe that there are guides for the Cover Letter under the Guides tab, but you can also do an internet search. For my domicile cover letter, I did an overview of my situation (I am in Ireland for this reason and am tied to the US in these ways) and made a list of the evidence I was submitting with it. I've been DQ'd, no interview yet, but it was at least accepted at the NVC stage.

 

Good luck!