IR1 VISA APPLICATION REJECTED

[bossboss 2]

Been married to my wife for two years and more.We are based in Korea where she works as a teacher with the DODea.We did applied for an immigrant visa after following all the procedures and everything was confirmed.This took us almost almost two years.All my documents and application was perfect. Had my interview a couple of days ago and had my IR1 visa rejected at the embassy. Reasons being my petitioner has to show prove that her domicile is the US or intends to move to the US shortly..A 221g white slip was given to me and the reason marked was 'the petitioner needs to prove that domicile is the USA or intends to move to the US shortly.Note that i just got a new letter of employment from the DOD which expires in 2025.I thought marrying a US citizen makes you eligible for the immigrant visa and subsequently a  Green card.Note that my wife is a contractor with the Department of defence in Korea.She still has 2 years in her contract.Any idea on what i could do next?.Help would be appreciated.What documents do i need to resubmit?.Thank you

[Timona 4,207]

Petitioner needs to establish domicile. After that, you should get your visa.

 

She can get an apartment, bank account etc as proof of domicile 

[Rocio0010 5,579]

21 minutes ago, bossboss said:

She still has 2 years in her contract.

Wait about a year, re apply but making sure she has demonstrated intent to estabish US domicile. Opening bank accounts, signing up leases, job contract, maybe if you have kids get them enrolled in school for the following school year...

[powerpuff 6,697]

30 minutes ago, bossboss said:

I thought marrying a US citizen makes you eligible for the immigrant visa and subsequently a  Green card.Note that my wife is a contractor with the Department of defence in Korea.She still has 2 years in her contract.Any idea on what i could do next?.

It does make you eligible but the petitioner has to live in the US or show intentions to relocate. That’s how it is. Usually, petitioners move to the US before the interview to reestablish domicile in order for the beneficiary to receive their visa.

 

So how did you imagine getting a green card (which is intended to live permanently in the US) while your wife is planning to work in Korea for the the next two years? Were you going to live separately/long distance? Or you wanted to go back to Korea after activating your LPR status to live there with your wife…? That beats the purpose of getting a GC if you’re not planning to live in the US. 

Edited June 23, 2022 by powerpuff

[bossboss 2]

16 minutes ago, powerpuff said:

It does make you eligible but the petitioner has to live in the US or show intentions to relocate. That’s how it is. Usually, petitioners move to the US before the interview to reestablish domicile in order for the beneficiary to receive their visa.

 

So how did you imagine getting a green card (which is intended to live permanently in the US) while your wife is planning to work in Korea for the the next two years? Were you going to live separately/long distance? Or you wanted to go back to Korea after activating your LPR status to live there with your wife…? That beats the purpose of getting a GC if you’re not planning to live in the US. 

My wife is a government contractor with the Dodea(Department of Defense Education Activity (DoDEA) | DoDEA) which means she is employed with the US government. There is always an exception for government employees on that.I have three friends who had the same situation and got their visas without any hesitation. Unfortunately i think i had bad luck with the consular officer.

[Rocio0010 5,579]

10 minutes ago, bossboss said:

.I have three friends who had the same situation

Is there any chance that the spouses had bank accounts, leases, etc in the US?

[bossboss 2]

2 minutes ago, Rocio0010 said:

Is there any chance that the spouses had bank accounts, leases, etc in the US?

Well she has bank account with US address and just applied for a voter's card with a US address.The only issu now is that her letter of employment here in Korea expires in 2025.Feeling really frustrated right now.

[Rocio0010 5,579]

1 minute ago, bossboss said:

Well she has bank account with US address and just applied for a voter's card with a US address.The only issu now is that her letter of employment here in Korea expires in 2025.Feeling really frustrated right now.

My question was more geared towards your friends, since you said it was the exact same situation

[bossboss 2]

2 minutes ago, Rocio0010 said:

My question was more geared towards your friends, since you said it was the exact same situation

Yeah they did.

[Rocio0010 5,579]

I understand your frustration. One thing you could do is to come up with a clear and convincing plan with evidence that she intends to establish domicile. Like we said, leases, bank accounts, voter registration cards, school records. Then she should come for some time and for example, establish a doctor, etc erx

[Chancy 6,241]

3 hours ago, bossboss said:

A 221g white slip was given to me and the reason marked was 'the petitioner needs to prove that domicile is the USA or intends to move to the US shortly.Note that i just got a new letter of employment from the DOD which expires in 2025.

 

Have you submitted your response to the 221g letter?  You need to provide what the consulate is asking for if you want to get approved for a visa.  If you haven't responded yet, include in your response a letter explaining that your wife's employment with the US government qualifies as being domiciled in the US.  Include supporting documents about your wife's employment.  State as well that your wife will travel with you to the US when you first enter with an immigrant visa, and make sure that you wife does travel with you.

 

[African Zealot 1,455]

Your case is not hopeless. Don’t get despondent. You simply need to rebut their position by demonstrating intent to establish a domicile. You’ve been advised how to do that. Get going.

 

Good luck!

[RO_AH 1,659]

19 hours ago, bossboss said:

This took us almost almost two years.All my documents and application was perfect. Had my interview a couple of days ago and had my IR1 visa rejected at the embassy.

I get tired of people saying their visa was rejected simply because they receive a 221g. This is NOT a rejection it is asking for more clarification or documentation. It gives you the chance to send them what they are asking for as well as a cover letter explaining your situation.

 

20 hours ago, bossboss said:

the petitioner needs to prove that domicile is the USA or intends to move to the US shortly.

Submit your information along with a cover letter. I think you may have a problem.

 

You will not get a visa/green card if you can't show intent that you plan on living in the US now or in the near future. You have to go to the US within 6 months of the medical exam or the visa will expire. No point in giving you a visa if you can't show proof of planning to go there.

[bossboss 2]

On 6/24/2022 at 11:44 AM, Chancy said:

 

Have you submitted your response to the 221g letter?  You need to provide what the consulate is asking for if you want to get approved for a visa.  If you haven't responded yet, include in your response a letter explaining that your wife's employment with the US government qualifies as being domiciled in the US.  Include supporting documents about your wife's employment.  State as well that your wife will travel with you to the US when you first enter with an immigrant visa, and make sure that you wife does travel with you.

 

I submitted the documents that shows she is state side hired.My status on CEAC has changed from refused to ready.It has updated twice.Any idea on what is going on?

[bossboss 2]

On 6/24/2022 at 8:18 AM, Rocio0010 said:

Wait about a year, re apply but making sure she has demonstrated intent to estabish US domicile. Opening bank accounts, signing up leases, job contract, maybe if you have kids get them enrolled in school for the following school year...

Got my visa issued today