Traveling to other countries before visa interview date

[jaywave 2]

We have been traveling to other countries before our interview date. Long story short, we wanted to see other countries in Asia before we leave to the USA because we couldn't do it because of the lockdowns. We will have the interview in South Korea.

 

I have a couple of questions:

 

1) Would us traveling to other countries be an issue before we have a visa interview?

2) We are unemployed and using our assets (We have plenty) to survive. Will being unemployed before the interview date be an issue?

 

My plan is once my wife gets the visa. I (petitioner) will move to the United States first and then a couple of months later, my wife will come.

Edited July 30, 2023 by jaywave

[Mike E 11,739]

1. No

2. Maybe

 

[Chancy 6,241]

2 minutes ago, jaywave said:

1) Would us traveling to other countries be an issue before we have a visa interview?

2) We are unemployed and using our assets (We have plenty) to survive. Will being unemployed before the interview date be an issue?

 

1.  Not an issue, unless your wife visits North Korea, Iran, or Syria.  Also, if she stays more than 6 months or gets in trouble with the law in any country other than her current one, she would likely need another police certificate.  In any case, make sure your wife updates her travel info on the DS-260 form prior to her visa interview.

 

2.  Not an issue for the consulate in Seoul if you have sufficient liquid assets, preferably in US-based accounts.  IIRC, @Redro has first-hand experience with this.

 

[jaywave 2]

13 hours ago, Chancy said:

Not an issue for the consulate in Seoul if you have sufficient liquid assets, preferably in US-based accounts.  IIRC, @Redro has first-hand experience with this.

 

What about traveling after the health checkup and before the Interview? Will that be an issue?

 

Thank you.

 

13 hours ago, Mike E said:

Maybe

 

How can this be an issue?

[Mike E 11,739]

28 minutes ago, jaywave said:

How can this be an issue?

Unfortunately COs exercise practically unlimited discretionary power. I have seen cases like your approved with no drama, and others forced to get a joint sponsor despite having more than required minimum in liquid U.S. assets. 

 

To help your cause, you should move your assets to a high yield U.S. savings account at a U.S. bank denominated in U.S. dollars. Hopefully it will be enough.

 

References to successful asset based I-864s:

 

* This one was straight forward:

 

 

* This one was a roller coaster; the correct result was arrived at but the twists and turns by the CO were infuriating:

 

 

 

 

 

 

 

[Redro 4,611]

1 hour ago, jaywave said:

 

What about traveling after the health checkup and before the Interview? Will that be an issue?

 

Thank you.

 

 

How can this be an issue?

CO will ask beneficiary if they’ve traveled to another country between submission of Ds260 and interview. 
CO will also ask if beneficiary has lived in a country for more than 6 months (other than the ones listed on DS260). 
I would not travel after medical. Generally medical takes 10 business days to reach consulate. Go to medical 3 weeks before interview and don’t travel during that time. 
As you are planning to travel before interview I suggest bringing up to date  bank statements to the interview. This will show CO you have sufficient savings and have not depleted your resources due to travel. As you are planning to move to the US before your Korean spouse. If you are still in Korea when the interview takes place 1.) go to the interview with them 2.) buy YOUR ticket back to the US before interview and take that as evidence of intent to reestablish domicile. 
Good luck! Seoul is an easy consulate but I have a feeling domicile is a sticky issue for them… so make sure you have a lot of proof you (the USC) have a solid plan to return to the US with or without your spouse. 

Edited July 30, 2023 by Redro

[jaywave 2]

21 hours ago, Mike E said:

To help your cause, you should move your assets to a high yield U.S. savings account at a U.S. bank denominated in U.S. dollars. Hopefully it will be enough.

 

I'm trying to do this, but as of now, most of my liquid assets (cash) is still in Korea. The Korean won has an extremely bad exchange rate (actually for the past year). I went to both the links you posted and read them and all the replies. The good thing about my wife and I is that we have a similar situation to the second link when it comes to using our house as an asset. We have a couple of houses fully paid off in Korea that has a value of 300-500 thousand USD. I'm hoping that will help with our interview because we don't have a joint sponsor.

 

21 hours ago, Redro said:

I would not travel after medical. Generally medical takes 10 business days to reach consulate. Go to medical 3 weeks before interview and don’t travel during that time. 

 

After we read this, we decided to follow this advice. We cancelled (everything was fully refundable) are upcoming trip. My spouse will have the medical checkup a little before two weeks of our interview date. Do you know if business days mean weekends, too?

 

 

21 hours ago, Redro said:

buy YOUR ticket back to the US before interview and take that as evidence of intent to reestablish domicile. 

 

The only issue I have with this is that I want to make sure that my wife gets the visa first and then I'll leave within a month after she gets her visa. Do you know if the CO officer in Seoul usually want to see a flight ticket to the USA?

 

 

 

 

[Redro 4,611]

24 minutes ago, jaywave said:

The only issue I have with this is that I want to make sure that my wife gets the visa first and then I'll leave within a month after she gets her visa. Do you know if the CO officer in Seoul usually want to see a flight ticket to the USA?

 

 

 

 

As you are 1.) not currently working 2.) have homes in Korea 3.) have no solid plan to leave Korea without your wife. There is a chance they won’t give her a visa. I can’t predict the future. Buy a fully refundable one way ticket to the US if it makes you feel “safer”… but from what you’ve stated you and the wife could comfortably remain in Korea indefinitely without working. What concrete evidence are you planning to show that you will be leaving Korea even if your wife doesn’t move to the US with you? 

[jaywave 2]

22 hours ago, Redro said:

What concrete evidence are you planning to show that you will be leaving Korea even if your wife doesn’t move to the US with you? 

 

1) I'm now looking for flight tickets to my home state/city. I will buy the ticket 24 hours before the interview. Either I fully refund it or not after the interview depends on how the interview will go. My original plan was if the interview went well, I would leave late September or early October. My interview is in late August, so I will show a plane ticket that I will leave in 4-5 weeks after the interview. 

 

2) Since I'm planning to go back to the US in late September/early October, I'm now currently looking for a job in my related field. Maybe I can show them that I'm looking for a job.

 

3) I still have an active credit card and bank account in the US.

 

4) My child needs to continue his schooling and to start school in the US. However, I'm having issues with this because my child doesn't want to leave his mother. I did message the school that he will go to, so I can show those messages. The school did say he can start when he comes to the US.

 

5) I can show the contracts that both my wife and I quit our jobs.

 

6) The other home is being rented by other people and we are planning to have our current home be used with my wife's brother. I'm not sure how I can show this as proof.

 

 

 

22 hours ago, Redro said:

but from what you’ve stated you and the wife could comfortably remain in Korea indefinitely without working.

 

Actually, we can't. If thing goes horribly wrong with the visa. We both have to find a job in Korea in a rush because the cost of living in Korea increased a lot. The money we saved up is for our retirement. 

 

 

My question:

1) Will showing 4-5 weeks after the interview of a flight ticket back to the US be a good idea?  Or is 4-5 weeks too late?

2) I read that your husband applied for his pension. I'm planning to do this, but I'm not sure about taking my pension because from what I can understand, I can have a pension in Korea when I get older. In your opinion/research, is it better to get the pension when someone leaves Korea or just wait until they are Retirment age?

 

 

Thank you.

 

Edited August 1, 2023 by jaywave

[Redro 4,611]

3 hours ago, jaywave said:

 

1) I'm now looking for flight tickets to my home state/city. I will buy the ticket 24 hours before the interview. Either I fully refund it or not after the interview depends on how the interview will go. My original plan was if the interview went well, I would leave late September or early October. My interview is in late August, so I will show a plane ticket that I will leave in 4-5 weeks after the interview. -you’ll have a ticket. It should suffice. 

 

2) Since I'm planning to go back to the US in late September/early October, I'm now currently looking for a job in my related field. Maybe I can show them that I'm looking for a job.-job offer is better. A member out of London showed “searching for job” evidence and it wasn’t accepted. 

 

3) I still have an active credit card and bank account in the US.-and you’ve been able to maintain it outside the US. Not good proof for interview. 

 

4) My child needs to continue his schooling and to start school in the US. However, I'm having issues with this because my child doesn't want to leave his mother. I did message the school that he will go to, so I can show those messages. The school did say he can start when he comes to the US.-good evidence. Don’t explain the thing about your child not moving to the US without mother… keep explanations short. Here is evidence of me contacting the school my child will attend. 

 

5) I can show the contracts that both my wife and I quit our jobs.

-they don’t care about your wife’s job. They care about you. Only show evidence pertaining to you and/or your child’s move back to the US. 
 

6) The other home is being rented by other people and we are planning to have our current home be used with my wife's brother. I'm not sure how I can show this as proof.- don’t bring it up. Not necessary. 

 

 

 

 

Actually, we can't. If thing goes horribly wrong with the visa. We both have to find a job in Korea in a rush because the cost of living in Korea increased a lot. The money we saved up is for our retirement. - but you both CAN find jobs in Korea. And even though that money is marked for retirement if need be… you could pivot and remain in Korea until your wife receives her visa. Worst case scenario- if your wife doesn’t receive her visa and undergoes AP for 6-12 months. You as a family would probably stay in Korea until she does receive her visa? Yes or No? As cruel as this sounds- you have to convince the CO you will be returning to the US without your wife even if she does not move to the US with you. 

 

 

My question:

1) Will showing 4-5 weeks after the interview of a flight ticket back to the US be a good idea?  Or is 4-5 weeks too late? - i don’t know. We didn’t have flights booked. My husband basically he would be leaving in a week after he received his pension. (We left 2 weeks later). 

2) I read that your husband applied for his pension. I'm planning to do this, but I'm not sure about taking my pension because from what I can understand, I can have a pension in Korea when I get older. In your opinion/research, is it better to get the pension when someone leaves Korea or just wait until they are Retirment age? - we have no ties to Korea. We have no intention of returning. But, depending on how many years you paid into the system and if you are planning on returning to Korea to retire it might be worth it…  or even if you want to draw your pension and transfer it to the states? you should check to see how much you have in your pension and then figure out whatever is best for you. 

 

 

Thank you.

 

 

[Chancy 6,241]

On 7/31/2023 at 8:33 AM, jaywave said:

Do you know if the CO officer in Seoul usually want to see a flight ticket to the USA?

 

The CO will not ask for your flight ticket as they know it can be easily cancelled or re-scheduled whenever.

 

Here's a recent report of another interview at Seoul with questions related to US domicile.  The USC petitioner brought a signed job offer --

 

[Redro 4,611]

Not Korea but this is how a couple out of London dealt with an RFE for re-establishing domicile:

 

[jaywave 2]

22 hours ago, Redro said:

but you both CAN find jobs in Korea. And even though that money is marked for retirement if need be… you could pivot and remain in Korea until your wife receives her visa. Worst case scenario- if your wife doesn’t receive her visa and undergoes AP for 6-12 months. You as a family would probably stay in Korea until she does receive her visa? Yes or No? As cruel as this sounds- you have to convince the CO you will be returning to the US without your wife even if she does not move to the US with you. 

What does AP mean in this scenario? 

 

@Chancy @Redro @Mike E

 

Does any of you know if there has been an issue with anyone not getting their visa in the South Korea, Seoul Embassy in the past because of domicile? So far, I've been searching in this website and doing specific searching in google if there were any issues or was an issue in the past, but I couldn't find one. If anyone can find one, I would love to know so I can see what happened so I don't make the same mistake. So far, in my research, almost everyone got their Visa and was mostly satisfied with the Seoul embassy. It seems like the Seoul embassy is the least strict compared to other countries.

 

 

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Here is an update on what I will show for proof of domicile in the Visa interview:

 

1)  A couple of months showing checking account statement (uploaded during NVC stage).

 

2) A couple of months showing credit card statements (uploaded during NVC stage).

 

3) Korean employment contract showing end date. (uploaded during NVC stage)

 

4) Write a letter on what I will do such as work, my child's school, etc.) (uploaded during NVC stage)

 

5) Show the emails I received from the child's future school that he can enroll and start there once he arrives. (uploaded during NVC stage)

 

6) Show our child is a US citizen. (uploaded during NVC stage)

 

7) 2022 Tax Return. (New)

 

8) Show my flight ticket that I will leave South Korea (I know this might be useless, but I can try). (New)

 

9) Letter from my parents (with signature) stating that we can live with them once we arrive in the US. (New)

 

10) Letter explaining our situation. (New)

[example letter: I, (name) am filling an affidavit of support for my spouse, (name). We both are currently and temporarily staying in Seoul, South Korea. This letter is to confirm that my domicile has remained in the USA since I have been in South Korea and my wife will move to the USA permanently when her visa is available.]

 

11) Possible show that I will withdraw my pension when I leave. (I'm not sure about this right now)

Edited August 2, 2023 by jaywave

[Mike E 11,739]

10 minutes ago, jaywave said:

What does AP mean in this scenario?

Administrative Processing

 

10 minutes ago, jaywave said:

Does any of you know if there has been an issue with anyone not getting their visa in the South Korea, Seoul Embassy in the past because of domicile?

 

 

 

10 minutes ago, jaywave said:

Here is an update on what I will show for proof of domicile in the Visa interview:

You should get

 

* U.S. mobile phone number 

*  U.S. DL / state ID

* offer for job in U.S. 

 

 

Edited August 2, 2023 by Mike E

[Redro 4,611]

45 minutes ago, jaywave said:

What does AP mean in this scenario? 

 

@Chancy @Redro @Mike E

 

Does any of you know if there has been an issue with anyone not getting their visa in the South Korea, Seoul Embassy in the past because of domicile? So far, I've been searching in this website and doing specific searching in google if there were any issues or was an issue in the past, but I couldn't find one. If anyone can find one, I would love to know so I can see what happened so I don't make the same mistake. So far, in my research, almost everyone got their Visa and was mostly satisfied with the Seoul embassy. It seems like the Seoul embassy is the least strict compared to other countries.

 

 

----------------------------------------------------------------------------------------------------------------------------------------------

Here is an update on what I will show for proof of domicile in the Visa interview:

 

1)  A couple of months showing checking account statement (uploaded during NVC stage).- not adequate. You can maintain a US bank account overseas. 

 

2) A couple of months showing credit card statements (uploaded during NVC stage). - not adequate. You can maintain a U.S. credit card overseas. 

 

3) Korean employment contract showing end date. (uploaded during NVC stage)- depends on when your employment ended. 

 

4) Write a letter on what I will do such as work, my child's school, etc.) (uploaded during NVC stage)- you should go to the interview. Explain this plan. Show the CO documentation supporting your statements. 

 

5) Show the emails I received from the child's future school that he can enroll and start there once he arrives. (uploaded during NVC stage) - good. 

 

6) Show our child is a US citizen. (uploaded during NVC stage)- not adequate proof. This is about you moving to the US. Unless your child is moving with you to the States before your wife this does not prove intent to reestablish domicile. 

 

7) 2022 Tax Return. (New)- US citizens and residents are required to file taxes. You’ve filed taxes before and not returned. 

 

8) Show my flight ticket that I will leave South Korea (I know this might be useless, but I can try). (New)- I think this is great. But that’s just me. 

 

9) Letter from my parents (with signature) stating that we can live with them once we arrive in the US. (New)- excellent. Include proof they live at that residence. Their drivers license showing the address, a mortgage. Property taxes. 

 

10) Letter explaining our situation. (New)

[example letter: I, (name) am filling an affidavit of support for my spouse, (name). We both are currently and temporarily staying in Seoul, South Korea. This letter is to confirm that my domicile has remained in the USA since I have been in South Korea and my wife will move to the USA permanently when her visa is available.]- you should go to the interview. Explain this verbally. Don’t write it down unless you have supporting evidence. 

 

11) Possible show that I will withdraw my pension when I leave. (I'm not sure about this right now)- if you are talking about the national pension you can’t start the withdrawal process unless you show the pension office your ticket of departure. 

Most people are questioned about domicile at the interview. If CO doesn’t believe the USC is actually going to return they need to send in evidence after the interview of their plan to leave Korea. I’ve seen several cases of AP on the Naver group. 
My suggestion is to keep your proof and answers succinct. I told my husband to focus on 1.) the fact he left his job- he left it mid contract and his final date of work was actually AFTER the interview  2.) his application for pension.

We had additional proof like housing arrangements but the CO apparently liked the way my husband answered the question so he was satisfied. I think quitting a job mid contract was what pushed it over the edge for us. 
I know some people have shown an old contract that ended but they had actually signed another contract with their job or with another job so… the CO didn’t like/ believe the evidence.