Advice Please: Immigration visa denied pending evidence. American petitioner for my Chinese wife

[Nezikim 1]

So my wife had her interview today and was denied, on the paper they wrote denied for "Travel Plans/Domicile Info"

I submitted evidence of domicile (photos of furniture and personal belongings, family home address, voter registration, bank accounts, and evidence that I am sending money home, etc... along with the required almost $70k in liquid assets) to them and I don't understand what they mean by travel plans. How are we supposed to plan to travel there when we don't know what will be authorized.

My wife just wants to send them the evidence again through a courier but I am frustrated and just want to hire an attorney to do it and process whatever and tell us how to answer the questions in the legally required ways so we aren't tricked by not knowing the difference between working and domicile or living and residing or any other word games.

Any advice is appreciated

[Just Paul 4,595]

Did you upload it to the NVC?

Your wife didn't have a copy of the "evidence" with her? 

[Nezikim 1]

Yes and I believe yes. But then the woman who interviewed her also checked off "passport with 8 or more months left on it" she had that there too.

 

[arken 4,197]

Did you provide your written/printed statement about your intent to domicile and specifying whether you planned to move to the US with your wife or before your wife?

Edited June 21, 2021 by arken

[pushbrk 12,903]

Sounds like your wife needs to renew her passport for starters.  Provide a letter indicating your actual plans for moving back to the US either before or at the same time as your wife.  Beyond that, we lack context for why the officer would have this concern.  How long have you been in China, doing what?  Can you think of a reason why they may be concerned about domicile?  If so, maybe with that context, we can make meaningful recommendations.

 

Have you already complied with any pre-travel COVID 19 related travel preparations?

[Nezikim 1]

13 hours ago, arken said:

Did you provide your written/printed statement about your intent to domicile and specifying whether you planned to move to the US with your wife or before your wife?

Yes, that was uploaded to the website, i included continued bills i still pay including an American phone number, photos of my personal belongings and some furniture in storage at the family home, bank account statements that show i continue to send most of my money home every few months so that I have more than the amount the require for lack of work in the US to live above the poverty line +10 percent for at least 3 years. Im sure there are other things I am forgetting at the moment.

 

8 hours ago, pushbrk said:

Sounds like your wife needs to renew her passport for starters.  Provide a letter indicating your actual plans for moving back to the US either before or at the same time as your wife.  Beyond that, we lack context for why the officer would have this concern.  How long have you been in China, doing what?  Can you think of a reason why they may be concerned about domicile?  If so, maybe with that context, we can make meaningful recommendations.

She has a passport that is valid. Her old one was running out so she got it renewed. Her USA tourism Visa is still valid but in her old passport so she brought both of them rubber banded together to make it easy to see both the old but still valid tourism visa and the new and valid passport bio page.
She has gotten the required vaccines or is in the process and has the sealed medical documents showing that, I am vaccinated against Covid and she got her's today.

They want travel plans as well but I dont understand how we can make travel plans since it's based around her getting her Permanent Residency Visa. We've been working on this for over a year and for most of that they were not communicating. Literally everything picked up in..... March and now it's a mad rush and we have all these documents uploaded I have an address with my family in the US, bank accounts that are filled with the required funds, evidence that I am still paying my bills in the United States etc...

[arken 4,197]

 

2 hours ago, Nezikim said:

They want travel plans as well but I dont understand how we can make travel plans since it's based around her getting her Permanent Residency Visa.

I meant did you specifically provide a statement saying when you planned to travel to the US? With your wife together or before her?

[carmel34 3,635]

3 hours ago, Nezikim said:

i included continued bills i still pay including an American phone number, photos of my personal belongings and some furniture in storage at the family home, bank account statements that show i continue to send most of my money home every few months

If you are currently living abroad, you need to submit more evidence that you intend to re-establish your domicile in the US.  Other USC expats who have been successful in doing this send an apartment lease, or at least evidence that you are looking for a place to live in the US, a letter from parents or family that you intend to live with them temporarily, job offers from US employers, documents to show that you are selling any property you own in China, that sort of thing.  Photos of personal belongings won't help, and phone numbers can be used anywhere in the world.  Your US bank account is good, but it sounds like they want more than that.  Do you have a valid US driver's license and voter registration card?  Have you been paying state income tax if applicable?  For travel plans, you can explain your tentative itinerary in a letter of explanation, or even make refundable airline reservations, and include that evidence as well.  Good luck!

[Nezikim 1]

1 hour ago, arken said:

I meant did you specifically provide a statement saying when you planned to travel to the US? With your wife together or before her?

She told the agent we intend to go to the US over the Christmas break as that was when I had a long block of time off.

 

41 minutes ago, carmel34 said:

Do you have a valid US driver's license and voter registration card?  Have you been paying state income tax if applicable?

Sent them a photocopy of it (it was a temp one because the real one wouldnt show up while I was in the States), Yes, I sent them a printout of my online voter registration for Missouri, and tax is not applicable but I have been filing them every year.

[D-R-J 192]

1 hour ago, Nezikim said:

She told the agent we intend to go to the US over the Christmas break as that was when I had a long block of time off.

I’m not sure I understand your circumstances, but this line might lead me to believe that you are returning to China to work after you drop your wife off in the US over the holiday. If that’s the case, maybe they picked up on that and that’s why they are worried about domicile.

[arken 4,197]

1 hour ago, Nezikim said:

She told the agent we intend to go to the US over the Christmas break as that was when I had a long block of time off.

Few unfavorable factors..

1. No written/signed statement was provided regarding when you are moving back to the US.

2. Christmas break? That is more that 6 months from the interview date and the visa, if issued, would be valid for 6 months from the medical. So the visa would likely be expired by that time. The CO would easily see that. When was the medical done?

3. See below. The CO may have believed you are planning to travel to the US temporarily.

 

27 minutes ago, D-R-J said:

I’m not sure I understand your circumstances, but this line might lead me to believe that you are returning to China to work after you drop your wife off in the US over the holiday. If that’s the case, maybe they picked up on that and that’s why they are worried about domicile.

Agreed.

Edited June 22, 2021 by arken

[Nezikim 1]

4 hours ago, arken said:

 

I meant did you specifically provide a statement saying when you planned to travel to the US? With your wife together or before her?

how am i supposed to have known when things would come through while this whole process stood stagnant for 8 months. Im a teacher so I have to sign 1-2 year contracts, this is a 2 year process. 

 

 

1 hour ago, arken said:

2. Christmas break? That is more that 6 months from the interview date and the visa, if issued, would be valid for 6 months from the medical. So the visa would likely be expired by that time. The CO would easily see that. When was the medical done?

Just about 2 weeks ago? She can travel ahead of me, She is a housewife right now. Our initial plan was to get the visa and then move after one of us found work. If I walk out and break a work contract it is hard to find a following job, this should be an undue hardship shouldnt it?

 

1 hour ago, arken said:

3. See below. The CO may have believed you are planning to travel to the US temporarily.

Initially yes, We have to find work. Teacher hiring schedules are very specific

 

[SusieQQQ 11,586]

7 minutes ago, Nezikim said:

She can travel ahead of me,

I don’t believe she can, my understanding is petitioner needs to enter the US before or with the beneficiary 

[SusieQQQ 11,586]

8 minutes ago, Nezikim said:

 

Initially yes, We have to find work. Teacher hiring schedules are very specific

 

This is why they are skeptical that you plan to move permanently. You have shown no concrete plans to do so. I understand what you are saying but. they need to see real plans to move.

[Just Paul 4,595]

I wish you had been a better student of the process.

7 minutes ago, Nezikim said:

She can travel ahead of me, She is a housewife right now.

She can travel with you or after you.  She can not travel before.

8 minutes ago, Nezikim said:

how am i supposed to have known when things would come through while this whole process stood stagnant for 8 months.

You could have delayed the process at the NVC or consulate.