2024 I551

In my humble opinion the DL on its own may not be enough to prove domicile at consular processing. I have seen people in the middle east who own a property in the US, have a million dollars in the bank, plus a DL, still refused on domicile. However, if the officer in Helsinki "likes" her husband he may approve the application without even raising the domicile matter which I believe would be the correct outcome.

Thanks guys. So, two votes for paper. Any for online? I had one for online in my different topic thread.

Which is better? What are the pros and cons to each. Any difference in processing time?

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?

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.

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.

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?

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

What my thread title suggests. A motion to re-open.

That is good practical advice, which is another thing I am looking for here. But seems getting to a CO will take at least another year or more under current timelines. Which is fine. But absent w2 pay stubs, what would constitute a strong case for US domicile? Last time I owned a property in the US, but it was dismissed as insufficient in the CO's discretion as it was rented out. Now I am staying with friends of the family in separate quarters of their home with no official lease agreement. However, my passive income and in addition my financial assets alone would easily meet affidavit of support requirements.

Looking for a better answer. What the consular office says doesn't necessarily reflect everything that the law provides for.

You speak the truth. But domicile is an arbitrary determination based on an individual CO's discretion.

At this point I no longer work. Instead, I have passive income. So seems unlikely that I would meet current criteria for DCF.

Not sure how I could have kept it alive. I did write to the Embassy inquiring about the application two years later and was informed that application had been terminated after two annual notices (dates provided) were sent out (neither was in fact received by me). Also, they pointed that I could file a new petition with USCIS.

Is the snail mail notice required for any purpose?

Point noted. Means the money spent on previous application is lost entirely and a much higher amount needs to be paid this time.

Yes, pretty much.

We filed for DCF (spouse of US citizen) in 2009 at Abu Dhabi Embassy. In those days DCF was more broadly permitted and the A-Z timeframe could be a month or less if all went well. In our case it didn't. The visa officer told us that she had determined that the marriage was bonafide (means I-130 was approved?) However, she issued a 221g requesting further evidence of US domicile of petitioner. Thereafter, we failed to pursue the application and I understand that it was eventually terminated by the Embassy due to inaction. I guess I need a lawyerly answer as to whether there is any legal basis or procedure to reopen that case, instead of filing a new petition with USCIS. I realize the answer is probably negative but wish to exhaust this option in case there is any basis out there.