Question about US domicile (SPLIT)

[TYPHOONBOB 4]

On 2/24/2023 at 2:48 AM, pushbrk said:

If you are the petitioner/sponsor for your spouse, you must either already live in the USA, or satisfy NVC that you intend to re-establish domicile in the USA before or at the same time as your spouse.  Read carefully that section of the I-864 instructions, and decide which actions you have taken or can now take to satisfy that requirement.

I got that RFE twice now, been in the Philippines since 2017, our dual citizen son born 2018, covid hit a year later and it delayed us ... so my intent was not to stay here, we filed ... married 6 yrs with our son who has US/Ph passports and I'm a native born US citizen.  I've sent address, power bill in friends name, he owns a duplex on the beach in Florida, so we sent a lease for first RFE... nope ... everything I have is US address credit cards ie discover Mc visa and 2 big banks in the US and a biggie is I have Maintained my professional license as a real estate agent since 2012, if that isn't intent nothing is... because you actively have to do continuing education... anyway also applied for a car loan and have that ... I only did it to see what rates and offers are at cap one ... my friend who will be my "landlord" has one line of power one line of water meter so I can't just get it in my name, he just wrote a letter saying will stay there indefinitely and he also mentioned he is old and has little patience for politics and he is calling his congressman because they blah blah accepted the lease but still RFE that one thing domicile. Of the things I've mentioned above what can we submit? Just that letter he signed?  Would you also include a list of things like cc opened bank accounts added new accounts, moving money, etc?  I have always had extremely deep ties to Florida it is annoying to be questioned because every time I ask this older guy friend of mine to write or submit something to us he explodes and says but your kid is a citizen you are a citizen ####### just fly here with your wife... I tried to tell him but he won't listen. He is furious because I have a medical issue for the past 2 years I've become diabetic and other issues, mental panic attack ptsd and it is affecting my quality of life and I don't want to die ... my son needs me my wife owned a health spa here in Ph and it was defunct due to the pandemic lock down... we've lost hope here and just want to move home. My doctor in the US is even established I have 2 doctors I telemedicine with for the ENTIRE time over here... and he wrote a letter medically necessary case gets expedited blah blah but I don't like the verbiage because it says to expedite Robert case ... it is my wife's case. I called the embassy and the rude agent said if it is so bad fly home with your kid and petition wife and establish domicile and take care of your health. Not so fast... I have a very very deep connection to my wife and my son still breast feeds and she is my caretaker.. I am disabled by definition of ADA (Americans with disabilities) it is all mental from a brain injury and ptsd which I had beaten until I caught covid and had enlarged heart and panic attacks came back full force, I can't even ride a ferris wheel alone ... sad, nonetheless I need her to accompany me, I can't fly back without my family geezzz and I have a service dog that is turning 8 this year and she will be retired when we get back... but live on as our pet and I'll get another. Here I checked on a dog and they're over $10,000 for a certified service dog!!!! No... mine was about $500 and she is a basset hound and excellent to help with my disabilities.  

 

Sorry for the long message I just really really need advice.

 

Thanks 😊 

 

 

 

 

 

Edited March 16, 2023 by Unlockable
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[pushbrk 12,870]

On 3/14/2023 at 11:16 PM, TYPHOONBOB said:

I got that RFE twice now, been in the Philippines since 2017, our dual citizen son born 2018, covid hit a year later and it delayed us ... so my intent was not to stay here, we filed ... married 6 yrs with our son who has US/Ph passports and I'm a native born US citizen.  I've sent address, power bill in friends name, he owns a duplex on the beach in Florida, so we sent a lease for first RFE... nope ... everything I have is US address credit cards ie discover Mc visa and 2 big banks in the US and a biggie is I have Maintained my professional license as a real estate agent since 2012, if that isn't intent nothing is... because you actively have to do continuing education... anyway also applied for a car loan and have that ... I only did it to see what rates and offers are at cap one ... my friend who will be my "landlord" has one line of power one line of water meter so I can't just get it in my name, he just wrote a letter saying will stay there indefinitely and he also mentioned he is old and has little patience for politics and he is calling his congressman because they blah blah accepted the lease but still RFE that one thing domicile. Of the things I've mentioned above what can we submit? Just that letter he signed?  Would you also include a list of things like cc opened bank accounts added new accounts, moving money, etc?  I have always had extremely deep ties to Florida it is annoying to be questioned because every time I ask this older guy friend of mine to write or submit something to us he explodes and says but your kid is a citizen you are a citizen ####### just fly here with your wife... I tried to tell him but he won't listen. He is furious because I have a medical issue for the past 2 years I've become diabetic and other issues, mental panic attack ptsd and it is affecting my quality of life and I don't want to die ... my son needs me my wife owned a health spa here in Ph and it was defunct due to the pandemic lock down... we've lost hope here and just want to move home. My doctor in the US is even established I have 2 doctors I telemedicine with for the ENTIRE time over here... and he wrote a letter medically necessary case gets expedited blah blah but I don't like the verbiage because it says to expedite Robert case ... it is my wife's case. I called the embassy and the rude agent said if it is so bad fly home with your kid and petition wife and establish domicile and take care of your health. Not so fast... I have a very very deep connection to my wife and my son still breast feeds and she is my caretaker.. I am disabled by definition of ADA (Americans with disabilities) it is all mental from a brain injury and ptsd which I had beaten until I caught covid and had enlarged heart and panic attacks came back full force, I can't even ride a ferris wheel alone ... sad, nonetheless I need her to accompany me, I can't fly back without my family geezzz and I have a service dog that is turning 8 this year and she will be retired when we get back... but live on as our pet and I'll get another. Here I checked on a dog and they're over $10,000 for a certified service dog!!!! No... mine was about $500 and she is a basset hound and excellent to help with my disabilities.  

 

Sorry for the long message I just really really need advice.

 

Thanks 😊 

 

 

 

What does the actual RFE say?  You've provided a lot of information irrelevant to any evidence of your intent to re-establish domicile in the USA.  What have you actually submitted.  What are the details of your intentions?

Edited March 16, 2023 by Unlockable

[Unlockable 7,314]

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[Crazy Cat 41,812]

On 3/14/2023 at 11:16 PM, TYPHOONBOB said:

I called the embassy and the rude agent said if it is so bad fly home with your kid and petition wife and establish domicile and take care of your health.

That sounds like excellent advice to me.  Good luck.

[TYPHOONBOB 4]

33 minutes ago, Crazy Cat said:

That sounds like excellent advice to me.  Good luck.

For our situation it is not because our son is very close to his mother under no circumstances would he leave without her.  Covid mess caused enough stress on this generation, let alone separating families even more. 
Thanks for the "advise" :) believe me the superficial idea is fantastic until you factor in the psychological ramifications of doing this to a kid who was separated from society in a country that romanced lockdowns so deeply that kids had to stay indoors for almost 2.5 years, not even able to go play with others.... made it hard on a single kid, he became co-dependent on us more than he should have but nonetheless, it is what it is and we need to stay a family unit and that's that.  

[Crazy Cat 41,812]

3 minutes ago, TYPHOONBOB said:

For our situation it is not because our son is very close to his mother under no circumstances would he leave without her.  Covid mess caused enough stress on this generation, let alone separating families even more. 
Thanks for the "advise" believe me the superficial idea is fantastic until you factor in the psychological ramifications of doing this to a kid who was separated from society in a country that romanced lockdowns so deeply that kids had to stay indoors for almost 2.5 years, not even able to go play with others.... made it hard on a single kid, he became co-dependent on us more than he should have but nonetheless, it is what it is and we need to stay a family unit and that's that.  

All politics aside, nothing related to immigration is fast or fun.  The path of least resistance is the best course of action.  Just try to give them what they want until you can get out from under their thumb.  Good luck.