Motion to Re-open case from 2009 at consular post

[Crazy Cat 41,812]

4 minutes ago, 2024 I551 said:

Texas. I have a state issued ID as well. Is that good evidence of domicile? I am guessing it is still not considered conclusive.

Absolutely.  Driver's license/ID, utility bills, rent agreement, tax returns with US address...anything which shows you are living in the US.....

If you are living in the US, DCF is not an option.  You should immediately submit a new I-130 to USCIS, imo.  Good uck.

Edited September 30, 2023 by Crazy Cat

[2024 I551 8]

11 hours ago, Family said:

Here is what you need consider :

1. The DCF process of 2009 was NOT completed , therefore you do NOT have an approved I-130 to revive .

 

2. Intent to Re Establish Domicile is fairly simple and straightforward: write a statement, move $$ to US accounts , obtain some future housing searches /plans or ask friend /relative to write letter offering accommodations. 
Your assets will meet I-864 and if you are not a W-2 indentured servant

😂..rejoice and kudos ! 

3. If you want to give DCF another fresh try , study what qualifies , and email request to see if they will grant . Will get a fast response ..a week (?). If no go 

 

4. File I-130

 

 

 

1. Maybe the I 130 was approved though I do not have any notice to prove that. In the words of the CO that went something like " I have done the hard part for you which is to establish that your marriage relationship is bonafide, now all you have to do is go back to the US and send me evidence that you are taking steps to re-establish domicile......"

 

2. Yes, as I am staying in separate quarters of the home of my family friends, they would be happy to give me a letter offering accommodations and I could give my statement of intent too, however, will the CO believe these statements. That's why I consider this determination to be highly discretionary and arbitrary.

I already have plenty of funds in US accounts. I tried to tell the CO back in 2009 that I am not a w2 slave but being a democratic administration back then, as it is now, they don't take kindly to people who can live entirely on passive income and who fail to do their patriotic duty of being a w2 slave.

 

4. If I file a I 130 with a TX address, is it a given that it will end up at texas service center?

[2024 I551 8]

11 hours ago, SalishSea said:

They won't re-open a case that was closed to to your inactivity.  If it had been THEIR error, then maybe.  You're grasping at straws here.

Well, I did email them a few times thereafter within the next few weeks after interview but never received a substantive reply, so there is some fault on their part. Perhaps they weren't satisfied with what I offered them, but they should have responded. I agree I am clutching at straws here.

[Crazy Cat 41,812]

6 minutes ago, 2024 I551 said:

If I file a I 130 with a TX address, is it a given that it will end up at texas service center?

No.  Residence geographic location is unrelated to which USCIS service center processes an I-130.  

Edited September 30, 2023 by Crazy Cat

[2024 I551 8]

2 minutes ago, Crazy Cat said:

No.  Residence geographic location is unrelated to which USCIS service center processes an I-130.  

So, what is the criteria for assignment then? is it something random that cannot be predicted by us. I guess it doesn't matter unless there is a dramatic difference in processing times. 

 

My concern is that after a very long wait, it may again get hairy if the CO decides to be difficult on domicile. As I don't have a tenancy or utility bill in my name as my friend owns the home. I could provide written statements, DL, bank and brokerage accounts, tax returns with TX address.  

[Crazy Cat 41,812]

6 minutes ago, 2024 I551 said:

So, what is the criteria for assignment then? is it something random that cannot be predicted by us. I guess it doesn't matter unless there is a dramatic difference in processing times. 

 

My concern is that after a very long wait, it may again get hairy if the CO decides to be difficult on domicile. As I don't have a tenancy or utility bill in my name as my friend owns the home. I could provide written statements, DL, bank and brokerage accounts, tax returns with TX address.  

Assignment is seemingly based on workload and/or internal protocol.  You have plenty of time to collect evidence of domicile.  That should not be an issue at all if you live inside the US.  Your friends can easily generate a lease and/or affidavit to show living arrangements.  Any legal document or evidence showing you in the US is good evidence of domicile...especially the Texas ID.  Domicile will not be an issue. 

[SalishSea 17,801]

This thread is bizarrely going around in circles.

 

OP, bottom line:  you currently LIVE in the United States.   There is therefore NO domicile issue.  You do NOT qualify for DCF.   Things have changed since 2009.  

If you want to bring your spouse here, file a petition and join the queue like everyone else.

 

If you don’t qualify to sponsor an immigrant, get a joint sponsor, like everyone else.

 

I don’t get why you’re making it so complicated and focusing on a petition that never led to a visa 14 years ago.   I recommend you read the guides at the top of the page on how to sponsor a spouse for an immigrant visa.   Yes, there is waiting involved and no way around that.

[Boiler 45,445]

I have never heard of there being a domicile issue where someone is clearly living in the US.

[2024 I551 8]

22 hours ago, SalishSea said:

 

If you want to bring your spouse here, file a petition and join the queue like everyone else.

 

 

Ok, all of you guys have hammered in the point that I should stop clutching at straws and just file a new I 130 petition.

 

So, for a new petition is it better to file online or through snail mail? Are there any pros and cons of each method that I should be aware of?

[Boiler 45,445]

I have seen it argued both ways, personally I would file on line but not sure it really matters.

[Ontarkie 14,217]

~~Thread is locked to further replies. The OP has clarified he is in the US and DCF is no longer an option. Please start a new thread in the IR1/CR1 P&P Forum for further questions.~~

Edited October 1, 2023 by Ontarkie