Denied Visa at Interview

[WrotoMco 0]

My husband had his interview at the Embassy in Warsaw today and after 3 hours of waiting he was denied his visa because they didnt have sufficient proof that I reside in the US, which I dont.

I have lived in Poland for the last three years, but still maintain an address in Florida. I still have a bank account in Florida, but I dont own property there. I have temporary residency in Poland, but still use my US address for most correspondence.

They are asking us for telephone records from a US number, utility bills in my name, a US life insurance policy??, or proof of owning property.

Have you heard of this before? Any ideas on how to satisfy this requirement?

We figured with an interview date and medical exams complete the interview would be a formality only and now I am devastated. They suggested that I move to the US and my husband could come later after I have met these requirements. Is this really the best practice?

[del-2-5-2014 1,339]

My husband had his interview at the Embassy in Warsaw today and after 3 hours of waiting he was denied his visa because they didnt have sufficient proof that I reside in the US, which I dont.

I have lived in Poland for the last three years, but still maintain an address in Florida. I still have a bank account in Florida, but I dont own property there. I have temporary residency in Poland, but still use my US address for most correspondence.

They are asking us for telephone records from a US number, utility bills in my name, a US life insurance policy??, or proof of owning property.

Have you heard of this before? Any ideas on how to satisfy this requirement?

We figured with an interview date and medical exams complete the interview would be a formality only and now I am devastated. They suggested that I move to the US and my husband could come later after I have met these requirements. Is this really the best practice?

As far as I know on what I've read on VJ, YES, you do have to prove a US domicile.

Once you start searching around VJ you'll see many families with advance Spouses.

You might be confusing that with DCF or maybe I am.

[WrotoMco 0]

Thanks for your reply. I am not sure what you mean by DCF.

Maybe I am being naive, but I just cant understand why I should have to hang out in US, get a phone bill in my name, and wait for my husband. I lived there for most of my life and have only lived abroad to be with him.

I know that domicile has to be proven to be the sponsor, but we also have a joint sponsor. Also, a US bank account is listed as proof of domicile, but wasnt enough today. Shouldnt that have been caught and rejected by the NVC before scheduling an interview at the Embassy?

[Darnell 8,478]

This is covered in the domicile bits in the I-864 instructions.

You have 2 paths for this proof:

1. proof of USA domicile or

2. proof of re-establishing USA domicile.

You can certainly address #2 within a month, then submit that proof into the IV unit.

[Blueberry Pancake 311]

This is from NVC October thread - http://www.visajourney.com/forums/topic/457530-nvc-filers-october-2013/

What if I (the petitioner) live with my spouse in their foreign country? Do I need to include anything in either package?

You'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 3 and 4) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable of course, to prove that you have, or will re-establish, domicile in the US):

NAME
SOCIAL SECURITY NUMBER
FORM I-1864
No. 15 Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principle residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:
• Maintained my XXXX voter registration
• Maintained my XXXX credit card registered in the US with a US PO box
• Maintained my bank account at the XXXX Credit Union
• Maintained my bank account at XXXX Bank
• Maintained my XXXX drivers license
• Maintained my US retirement fund through XXXX
• Maintained my US investment account with XXXX
• Maintained my US PO box
• Maintained licensure by the XXXX
• Maintained membership in the XXXX
• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:
• Voter registration card showing permanent US address
• XXXX credit card statement showing US billing address
• XXXX Credit Union statement showing permanent US address
• XXXX Bank statement showing permanent US address
• XXXX drivers license showing permanent US address
• Retirement fund statement showing permanent US address
• Mutual fund statement showing permanent US address
• XXXX license currently up to date
• Renewal of XXXX membership
• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:
• Made arrangements for us to have a house to live in
• Contacted schools for requirements of things to bring to register my children in school
• Contacted my auto insurance company to find out about re-instating my insurance on my car
• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:
• Lease agreement for our house
• Email from schools regarding registration requirements
• Email from my former auto insurance company regarding my inquiry
• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________
NAME

Thanks to VJ member lemayz for this suggestion!

Good luck!!

[WrotoMco 0]

This is from NVC October thread - http://www.visajourney.com/forums/topic/457530-nvc-filers-october-2013/

Good luck!!

thanks! I still have a valid US drivers license, voting card, bank account, and mailing address- but not enough...

I will try to dig up something else.

I also have a plane ticket which certainly shows that I plan on returning! Though it might be a waste now..

Edited October 3, 2013 by WrotoMco

[Shiobhan 235]

Apply at your address for Time Warner/Comcast Pkge phone, cable & internet under $100 mth

[Blueberry Pancake 311]

thanks! I still have a valid US drivers license, voting card, bank account, and mailing address- but not enough...

I will try to dig up.

I also have a plane ticket which certainly shows that I plan on returning! Though it might be a waste now..

This must have been a horrible day for you guys... So sorry this happened to you

But, wipe your tears and get to work! Powodzenia!

[Mike and Gaby 0]

I know this is off-topic.But does anyone know if it's the same for K-1 Visas? My fiance and I both live in the same country at the moment, but plan to move to the States. Any info will help!

Sorry about your failed interview by the way, hope you can sort it out! Post back with news!

[observatorka 197]

i just read this topic and i'm shocked. my husband lives in Poland with me, he's not going back to the US till i get the visa. our petition is still in USCIS. soooo ... this interview is not just a formality

good luck!!!

[WrotoMco 0]

I know this is off-topic.But does anyone know if it's the same for K-1 Visas? My fiance and I both live in the same country at the moment, but plan to move to the States. Any info will help!

Sorry about your failed interview by the way, hope you can sort it out! Post back with news!

I am not sure if the same applies for K-1 visas. I think those are a little easier/quicker to get. We didn't go that route because I was here anyway and we didnt mind waiting around for the CR-1.

I hope all goes well for you! I will let you know how our case progresses.

[WrotoMco 0]

i just read this topic and i'm shocked. my husband lives in Poland with me, he's not going back to the US till i get the visa. our petition is still in USCIS. soooo ... this interview is not just a formality

good luck!!!

I hope he has significant ties to US. Have him gather any proof of a connection there in case you need it. We thought once we got the interview date and medical examination we were all set. Its been a rough day here. : (

Good luck on the process!

[slvrfx576 15]

As you have now learned the hard way, simply maintaining a US address and a US bank account is not enough. Put yourself in the shoes of the US government...would such little evidence convince you of the intent of the applicant to re-establish domicile in the US ? Follow the advice of the posters here and get to work to establish or re-establish a legitimate US domicile if returning to the US permanently is your goal.

[Glyn and Kathy 288]

I live in the UK with hubby and we just were approved last week. Things I used to prove I would be re-establishing domicile in the US were, US bank account with a mailing address at the place we will be living at (mom and dad's), letter from my parents stating that we both would be living with them for a bit when we move back, and a letter from my soon to be employer stating that I would be working at the company when I return to the US.

[WrotoMco 0]

As you have now learned the hard way, simply maintaining a US address and a US bank account is not enough. Put yourself in the shoes of the US government...would such little evidence convince you of the intent of the applicant to re-establish domicile in the US ? Follow the advice of the posters here and get to work to establish or re-establish a legitimate US domicile if returning to the US permanently is your goal.

I guess I am having a hard time understanding why its so important to prove to them that I am returning to the US. I have debts in the US that I have been paying on time each month, I have only been out of the US for 3 years, I have a plane ticket to return, and besides if they issue the visa to my husband and we dont return it expires in 6 months and we lose all the money spent.

What the embassy has told us is this type of visa is used to "reunite" spouses that live abroad. So its for US citizens that live in a different country than their partner. There seems to be no option for citizens that choose to live with their spouse during this process.

I live in the UK with hubby and we just were approved last week. Things I used to prove I would be re-establishing domicile in the US were, US bank account with a mailing address at the place we will be living at (mom and dad's), letter from my parents stating that we both would be living with them for a bit when we move back, and a letter from my soon to be employer stating that I would be working at the company when I return to the US.

Thanks for the helpful response. We will also be living with my parents for a while when we return. I can get a letter from them. Do you mind sharing what details they needed in the company letter?