NVC requesting more information...

[junior466 1]

Previous thread here for more context.

 

So my brother's son (US citizen by birth) is currently residing in Brazil and since turning 21 recently, he petitioned for my brother, also in Brazil so both can immigrate again to the US. The case was submitted through the NVC with a mistake being made on the I-130 at the beginning where the son entered my (uncle living in the US) address as his current residence. We were advised here in the thread above to correct the address on the next step/application.

 

Everything was submitted to NVC but some items returned. The most notable and worrisome is this one:

 

PETITIONER might not have a principal residence or be domiciled in the United States. Please submit proof of domicile. For more information on domicile requirements, visit https://nvc.state.gov/fin.

 

As noted above, he is currently in Brazil so technically, not domiciled in the US as he left at a very early age.

 

What should be done here to prove domicile? Apologies if this question is very obvious.

 

Also, there were about 5 messages sent through the portal asking to correct a few things but when viewing the documents section of the portal, only two files show a DECLINED. Should we do everything being asked through the messages or only submit the files that show DECLINED?

[Mike E 11,739]

16 minutes ago, junior466 said:

What should be done here to prove domicile?

He needs to show intent to live in U.S. So as many of following as possible:

 

* U.S. state drivers license or ID

* lease agreement at a U.S. property

* U.S. bank account

* job offer

* car registered in the U.S. 

* U.S. mobile phone number

…

 

Reviewing the other thread, I told you to tell him to do some of the above. So did any of it happen?

Edited July 14, 2023 by Mike E

[junior466 1]

30 minutes ago, Mike E said:

He needs to show intent to live in U.S. So as many of following as possible:

 

* U.S. state drivers license or ID

* lease agreement at a U.S. property

* U.S. bank account

* job offer

* car registered in the U.S. 

* U.S. mobile phone number

…

 

Reviewing the other thread, I told you to tell him to do some of the above. So did any of it happen?

 

 

Actually no, it did not as we were under the impression that it's something that would be done once he was here. At this point, I assume he should pick one few off the list you posted that can be done with him out of the country?

Edited July 14, 2023 by junior466

[Crazy Cat 41,850]

47 minutes ago, junior466 said:

As noted above, he is currently in Brazil so technically, not domiciled in the US as he left at a very early age.

It is not a technical issue.  He is NOT domiciled (residing) in the US.  He needs to show compelling evidence that he will relocate to the United States. 

[Crazy Cat 41,850]

12 minutes ago, junior466 said:

that can be done with him out of the country?

I doubt any of those can be done outside the US.  

[Mike E 11,739]

22 minutes ago, junior466 said:

Actually no, it did not as we were under the impression that it's something that would be done once he was here. At this point, I assume he should pick one few off the list you posted that can be done with him out of the country?

Was this not clear:

 

I suggest the petitioner travel to the U.S.  to establish domicile: state ID, bank account, mobile phone, …

[Boiler 45,500]

You mentioned he graduates this month so nothing stopping him heading home, getting a job and all the other good stuff to show.

[junior466 1]

1 hour ago, Boiler said:

You mentioned he graduates this month so nothing stopping him heading home, getting a job and all the other good stuff to show.

So by him doing that the current application will still be valid? How long until it expires after an officer requests more information? 

[Boiler 45,500]

Was he given a specific timeline, obviously the sooner he gets everything together the better.

[junior466 1]

7 minutes ago, Boiler said:

Was he given a specific timeline, obviously the sooner he gets everything together the better.

As far as I am aware, no.

[junior466 1]

2 hours ago, Mike E said:

Was this not clear:

 

I suggest the petitioner travel to the U.S.  to establish domicile: state ID, bank account, mobile phone, …

 

I definitely misinterpreted it. So as long as he travels and establishes domicile, the application is still valid?

[Boiler 45,500]

Get on that plane....

[Redro 4,611]

19 hours ago, junior466 said:

So by him doing that the current application will still be valid? How long until it expires after an officer requests more information? 

He probably he about 1 year from the request before the NVC application expires. 

The approved I-130 should never expire though... 

But, the son should move to the US now. Move to your home/city and set up a bank account, get a job... all the things suggested in the previous thread. 

The son should stay in the US. If he returns to Brazil for whatever reason he should make sure to re-enter the US either before his father or with his father. 

[Mike E 11,739]

19 hours ago, junior466 said:

 

I definitely misinterpreted it. So as long as he travels and establishes domicile, the application is still valid?

The application stays valid until documentarily qualified (DQ). At that point his father needs to actively pursue a visa or the petition will be canceled. So the son or father can put this all on pause while the son establishes himself in the U.S.  

 

Given the failure to follow the previous advice, this should be paused until the son is working and living in the U.S.  

 

The length of the pause depends on whether a joint sponsor is used.

 

If no joint sponsor, pause until 2026 when the son has 3 U.S. consecutive tax return transcripts each showing sufficient income.

 

If a joint sponsor is used, pause until the son has a U.S.  lease, U.S.   job, U.S.  state ID or drivers license, U.S. mobile phone number with a U.S. mobile phone provider, and U.S. bank account.

 

At the start of the pause, notify NVC, that because the petitioner is not yet qualified to be a sponsor, the beneficiary is delaying pursuit of a visa interview. Do this every 6 months while the pause is in effect.

 

 

Edited July 15, 2023 by Mike E