RFE FOR FINANCIAL INFORMATION !!!! DESPAIR !

[Mononoke28 134]

Alan,

I found this in another forum, so maybe it can give you an idea of how long it might take you for the interview once your case is completed at the NVC since this member also went through London:

In our case, it took about 2 weeks after the NVC recieved our DS-230 for them to process it and send it over to the US embassy in London, another week or so for London to process the paperwork and assign me an interview, the interview was assigned for approx 6 weeks away (I'm going by a little guesswork as I don't have the info in front of me and I desperately need to update my timeline) .

So all in all after sending off the DS-230 around another couple of months for an interview, although the US embassy in China may well differ from the London embassy in how quickly it processes applications.

I hope that helps some

Sarah

By they way, Erica was approved today!

Diana

Edited August 9, 2007 by Mononoke28

[Captain Oates 910]

Well that is truly unfair. I was uncertain how to prove domicile (as we both live in Canada - and I have never lived in the U.S., although I am a U.S. citizen).

I asked someone, a Canadian, who was recently approved, what he used to show domicile. For the question on the I-864 they stated 'Canada' for domicile and for proof of reestablishing U.S. domicile they included a letter from his U.S. citizen wife stating that they would enter the U.S. together upon approval of his visa.

It sounds to me like you covered all bases and she has OBVIOUSLY proven her ties/temporary absence, from the U.S.. I hope there is some solace in the fact that you did a great job proving it. The good news is it will stand you in good stead as you proceed, whether with a lawyer following up, through your wife's congressman, or on your own. I do wish you both the best of luck!

Hey thanks Trailmix - I am retired and pretty old so I have been working virtually full time on this since January 9th and feel a bit ashamed that my spirit is leaving me right now and I feel whipped..

so thanks for your words of praise because I read everything i could on this and i know carolyn is domiced per the rules whether she has a house there or not - they have told her just now to produce a US utility bill and she told em she is living in the uk temporarily - they said she is not paying US taxes and she said she has filed for 2006 and will file for 2007 and claim double tax relief on uk tax.. she has to do that as a US citizen.

they just will not give..they don't want to do this..could be my george bush cracks ?

she has quoted the instructions on the 864 to say you dont have to be living there to be domiciled but they just will not have it...

anyway too much detail !

thanks again for your support

Edited August 9, 2007 by saywhat

[Captain Oates 910]

By they way, Erica was approved today!

Diana

good lass ERICA

I knew she would walk it !

hooray ! and phew !

[Captain Oates 910]

Alan,

My understanding is confirmed in 9 FAM 40.41 Procedural Notes, N1.2c

Perhaps the person at the NVC is requesting some additional documents, perhaps specific additional documents, that they expected to see to demonstrate domicile. Or perhaps they are overstepping their bounds and the error will be corrected on review of what you did submit.

In any case, when and if you recieve a letter from the NVC requesting something respond to it in writing. Do no assume that your phone call is sufficient.

Yodrak

Alan,

This is interesting. My understanding is that the role of the NVC with regard to the I-864 is to review it for completeness (all required documentation present) not for adequacy (does the sponsor qualify). .....

Yes I expect their letter in 3 weeks plus mail strikes in the uk..then i have to return it with no guarantee that they will accept what we are saying, then 3 days to load onto their system then 2 weeks to review...and then....

This is a total car crash.... a life changing event

[Mononoke28 134]

No, no, no... think positive. The more negative things you think about the worse it will get, at least emotionally.

Think positive. They might review this and complete your case, they might send you the RFE sooner than expected. Don't let them win.

Diana

[Captain Oates 910]

No, no, no... think positive. The more negative things you think about the worse it will get, at least emotionally.

Think positive. They might review this and complete your case, they might send you the RFE sooner than expected. Don't let them win.

Diana

yeah you are right - its nearly 8 pm and i havent had an alcoholic drink yet - and there is no way i can get through this thing without drugs - albeit legal ones.

ok carolyn has spoken to them for 20 mins and i think we have may have come up with a face saver for them whereby we send then a barcoded query sheet (which i have by good fortune) with Carolyn's state taxes and an understanding that London Embassy will decide and may not accept the domicile issue. I know London does accept if the uk 'limited leave to remain' resident undertakes to return with or before the ALIEN so I dont expect a prob there but I will sweat like marlon brando on thai food, all the way to the interview

So I am busy doing this letter then fedexing tomorrow and asking NVC for email confirmation...

I wish I was religious at times like this... even a pagan then I could go and pray to a tree... as it is, I rely on my own strength and these guys could test a terminator !

all digits crossed

alan

[DonInTX 0]

Alan -

Good luck on your journey. I went through a smiliar set of circumstances concerning the domicile issue. My only saving grace was that I had a job offer in hand. I had lived in the Philippines almost two years prior to the interview and while I could clearly show all the documentation you listed, It was placed on administrative review.

The state tax may help, but we pay taxes on money generated in the US where ever we hang our hats. It may be the same for that state. From their side of the fence, they approve applications for residence in the USA which is what you are going to have to most likely show. This is further complicated by the fact she is working there.

Until a supervisor agreed to let the job offer stand as proof of domicile, I was told I would have to return to the USA and after a "suitable period" they would consider me "domiciled" in the US.

The hard part is to establish the fact you want to live in the US when you can only state the fact.

Once again, good luck - Don

[Captain Oates 910]

Alan -

Good luck on your journey. I went through a smiliar set of circumstances concerning the domicile issue. My only saving grace was that I had a job offer in hand. I had lived in the Philippines almost two years prior to the interview and while I could clearly show all the documentation you listed, It was placed on administrative review.

The state tax may help, but we pay taxes on money generated in the US where ever we hang our hats. It may be the same for that state. From their side of the fence, they approve applications for residence in the USA which is what you are going to have to most likely show. This is further complicated by the fact she is working there.

Until a supervisor agreed to let the job offer stand as proof of domicile, I was told I would have to return to the USA and after a "suitable period" they would consider me "domiciled" in the US.

The hard part is to establish the fact you want to live in the US when you can only state the fact.

Once again, good luck - Don

Ouch that was tough Don - hope the 'suitable period' stuff does not kick in....

If we get past the NVC I think we will be ok as Carolyn will have resigned her job in the UK - and we will have those resignation letters plus 2 plane tickets to Chicago... its just getting past NVC that is tough...

Carolyn was only in the UK a little over 2 months when she petitioned for my immigration which might help...

The options on the I-864 instructions are all OR OR OR so we are hoping that the clear intention to return plus temporary absence will be ok -

anyway we will see what they say next ...

alan

[rika60607 215]

Dear Alan,

I can not believe they did this to you. You provided every reasonable piece of documentation. Sometimes NVC is too much. I am so sorry...

Successful immigration seems to require that US citizen be in two places - in the US to hold domicile and in the spouse's country to definitely prove bona fide relationship.

I wish you a quick recovery!

Rika

... and these guys could test a terminator !

all digits crossed

alan

[Captain Oates 910]

Dear Alan,

I can not believe they did this to you. You provided every reasonable piece of documentation. Sometimes NVC is too much. I am so sorry...

Successful immigration seems to require that US citizen be in two places - in the US to hold domicile and in the spouse's country to definitely prove bona fide relationship.

I wish you a quick recovery!

Rika

... and these guys could test a terminator !

all digits crossed

alan

Thanks Rika - every bit of kindness is welcome right now. It's ironic that London embassy refused to take our case because Carolyn is 'temporary' in the UK - and Nvc say she is domiciled in the UK without attachments to the US:

Seems like they want it both ways... Seems like they are trying their best to be harsh:

OK as at tonight we are relying on 'temporary absence' as defined by the I-864 form instructions and can show:

U.S. Mailing address

U.S. checking account active all the time since she came to the U.K.

A U.S. Credit card active all the time since she came here

U.S. cell phone account - active

U.S. 401k pension account - current

U.S. storage facility containing all Carolyn's furniture waiting for her to return - will monthly bills

the fact that she petitioned for my immigration within 10 weeks of coming to the Uk

The fact that she has 'conditional leave to remain' in the UK which is why the U.S. Embassy in London would not deal with her petition and sent it to Nebraska - they told her she had 'temporary' residency here

I am hoping they will relent but if they don't it will be a very grisly situation for her and me

Just what else do they need for 'temporary absence' I really don't know..

thanks everyone

alan

Edited August 12, 2007 by saywhat

[Captain Oates 910]

Thursday night 16th august 2007

Carolyn called NVC and asked if they had received her wisconsin state tax form with the barcoded query cover sheet which fedex delivered 9.45 am monday...

the operator said she had no record of that !!!!!

Carolyn said she had been told by NVC that would be enough to complete the case

The operator said that a supervisor would review the case in 10 to 15 WORKING days - 3 weeks - but didnt say whether the supervisor would have the important evidence that I paid £36 to get there overnight.

I have now lost hope quite badly and I think they are playing cat and mouse with us just to be obstructive so they can claim they are doing their job - Carolyn however thinks they are earnest sincere people and just busy

We are going to give it a couple of weeks then Carolyn is going to resign her good job here and return to the States alone.

I will give notice on this rented house and return to my house in Yorkshire alone

I am 60 years old on the 7th of November and I feel I have put my life on hold and thrown away a precious year of my life for nothing.

I don't have the heart to keep raising my hopes Thursday to Thursday, month to month as its like being in prison and being called back for possible parole every 6 months. I just wish they would tell me they aren't going to do this thing because they like to make an example out of 1 in 50 - then we would know its all over.

So there we are - 99% of it done and every stage passed perfectly and they finally got us on the last little technicality they could seize on at the time of the final review day when everyone gets their 'case complete'.

Is Carolyn temporary or not - we have a ton of evidence she is including London Embassy (same dept of state) saying they wont take her case as she is temporary in uk so go file in nebraska. She has a ton of furniture in store in wisconsin waiting for her return and we have sent them the monthly bill for storage. She has current and active US bank account/credit card/pension etc etc and a US postal address to receive her bank statements. She has filed her Fed AND state taxes for 2006 and they have copies.

NVC says prove it to us - and every time we send them more evidence they are going to wait a month and say 'send us more'

It's like 'one flew over the cuckoos nest' and it feels like i am going to be crushed by 'the system' and wake up strapped down and lobotomised by the NVC..

So thats it until whenever.....bit of a drama queen you might think but boy if this ever happened to you then you would think differently ...

I used to work for a big US company as European finance director in charge of 28 companies so I am used to taking stress and handling crises and I thought I could handle and repair any situation - I was paid for resilience and resourcefullness- but this is different - I feel so powerless and there is no alternative and nothing I can do to make anything happen or improve this continuing disaster.. not money, not energy, not knowledge not anything i can throw at this will get me out of this coop.

I cant even walk away from it all because I am married.

If it was the UK I could just bribe the prime minister with a political donation but the US isnt like that...

right, where is that GIN !!!!

alan

[trailmix 77]

Hi Alan,

I have been watching for your reply as I was anxious to see how it was going - obviously not as well as hoped!

10-15 days seems totally unreasonable - as you already know. If it is any consolation it appears to be the NVC standard response for everything, whether this or hey have you received my IV fee bill (it is the response I got from them yesterday).

I find this whole situation you are in baffling, I know you both do too. I am certain it will have a good result though. I completely understand your frustration and despair over the whole stupid thing and now that you may have to change your plans and Carolyn may be leaving for the U.S. on her own - that just compounds it for you both.

If Carolyn does end up going back to the States alone (who knows, they might have an update tomorrow - I assume you will be calling every day) - that will then mean they can't dispute her domicile and you will be reunited in no time - I hope you can focus on that (should the need arise!).

Chin up, oh and I don't think you are a 'drama queen'.

[essjay 0]

Alan, I'm so sorry to read your post this evening. I was really hoping to see good news.

Please don't give up hope, you two WILL both get through this. You are most certainly not a drama queen and you should feel free to vent on this forum as much as you need. There are a lot of people here to support you and who are wishing you well and thinking of you and Carolyn every day.

This domicile issue is nonsense, and you will escape NVC. Just keep yourself focussed on the end, and you and Carolyn will cross that finish line.

The stress associated with career and jobs is nothing in comparison to the stress when your own personal life is either on hold or in the hands of other people.

You and Carolyn are in my thoughts this evening. Please keep us updated.

[Captain Oates 910]

Hi Alan,

I have been watching for your reply as I was anxious to see how it was going - obviously not as well as hoped!

10-15 days seems totally unreasonable - as you already know. If it is any consolation it appears to be the NVC standard response for everything, whether this or hey have you received my IV fee bill (it is the response I got from them yesterday).

I find this whole situation you are in baffling, I know you both do too. I am certain it will have a good result though. I completely understand your frustration and despair over the whole stupid thing and now that you may have to change your plans and Carolyn may be leaving for the U.S. on her own - that just compounds it for you both.

If Carolyn does end up going back to the States alone (who knows, they might have an update tomorrow - I assume you will be calling every day) - that will then mean they can't dispute her domicile and you will be reunited in no time - I hope you can focus on that (should the need arise!).

Chin up, oh and I don't think you are a 'drama queen'.

Thanks for that - thanks very much it - helps a lot to know my VJ pals understand me...

A lot of soldiers cant speak about war when they get back because 'anyone who wasn't there would not understand' and its the same with this visa thing - only VJers know the worry and frustration and pure fear - my friends just say 'no big deal it will be ok' and 'so what if you cant get a visa until spring'

The ironic part is that the spousal immigration legislation is meant to reunite couples - but the NVC are saying that unless we split up, then they cant progress the visa.

They actually want a USC to split from their spouse - half the problems in the western world are because of family breakup and here is the government insisting on it.

If we agree to breakup - only then will they issue a visa to reunite us !!

Is it me or has the world gone mad ?

Anyway enough ranting/venting/clawing at a problem that is out of our hands... I agree that the 15 working days message is probably the standard stuff which is better than the 4 to 6 weeks they trot out usually

So I will not think about that and hope that a supervisor might actually get our official reply with documents and barcode plus my fax and email... I will keep calling the auto line twice a day but that voice is popping my skull !

ok fingers crossed - we are off to north west Scotland in a severe rain storm and lashing gales on Saturday to cheer ourselves up - so radio silence until Tuesday - so thats the reason for silence - not that i am swinging on a rope in the woods !

thanks again VJ friends .... more next week

alan

[Erica 0]

Alan,

I was really hoping to find some good news. I'd love to express my feelings on the subject but I'm pretty sure there aren't enough #####'s in the world to bleep everything out.

But, enjoy Scotland! There's nothing like whisky and lochs to take yer mind off of things, laddie

Thanks for that - thanks very much it - helps a lot to know my VJ pals understand me...

A lot of soldiers cant speak about war when they get back because 'anyone who wasn't there would not understand' and its the same with this visa thing - only VJers know the worry and frustration and pure fear - my friends just say 'no big deal it will be ok' and 'so what if you cant get a visa until spring'

The ironic part is that the spousal immigration legislation is meant to reunite couples - but the NVC are saying that unless we split up, then they cant progress the visa.

They actually want a USC to split from their spouse - half the problems in the western world are because of family breakup and here is the government insisting on it.

If we agree to breakup - only then will they issue a visa to reunite us !!

Is it me or has the world gone mad ?

Anyway enough ranting/venting/clawing at a problem that is out of our hands... I agree that the 15 working days message is probably the standard stuff which is better than the 4 to 6 weeks they trot out usually

So I will not think about that and hope that a supervisor might actually get our official reply with documents and barcode plus my fax and email... I will keep calling the auto line twice a day but that voice is popping my skull !

ok fingers crossed - we are off to north west Scotland in a severe rain storm and lashing gales on Saturday to cheer ourselves up - so radio silence until Tuesday - so thats the reason for silence - not that i am swinging on a rope in the woods !

thanks again VJ friends .... more next week

alan