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kimnlars

Stricter domicile requirement - Ankara

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Filed: IR-1/CR-1 Visa Country: Turkey
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My husband had his interview on June 9in Ankara and we were told that I, as the sponsor, had to go to the US first without him to prove domicile. I have been living in Turkey for two years, but still maintained a US bank account, drivers license, tax records, and voting records. That was not enough for them and they told me I had to enter the US and 'prove domicile.' Has this happened to anyone else this year? It seems according to applicants from last year that they are really cracking down on this domicile requirement. If anyone had a similar experience, please share.

Kim

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My wife and I are having similar issues in Kuwait.... The consular said I must provide a letter from my company saying that my employment in Kuwait is complete and I am transferring back to the US.

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05/25/2009 - DCF I-130 in Kuwait

06/01/2009 - Approved by DHS/UCIS

06/01/2009 - Packet 3 received with approval email

07/05/2009 - Uzbek Police report received

07/07/2009 - Uzbek Police report authenticated by embassy

07/08/2009 - Medical Exams completed

07/30/2009 - Birth certificate translated and authenticated

08/12/2009 - Kuwait police certificate requested (10 days to process)

08/13/2009 - Sent email to embassy to request interview appointment date

08/16/2009 - Kuwait embassy responded with interview date

08/26/2009 - Interview for wife!!!

08/26/2009 - VISA APPROVED!!!!!!

09/01/2009 - Passport with visa and immigration package received by DHL

10/05/2009 - POE at DFW. No issues, very quick

10/15/2009 - Applied for SSN

10/15/2009 - Back to Kuwait to pack and move to Germany

Now working on expedited naturalization....

02/18/2010 - Now working in Germany. Filed N-400 under INA sectin 319(b)

02/24/2010 - Received in Lincoln, NE

03/17/2010 - Check Cashed

03/26/2010 - NOA received requesting additonal payment for Biometrics even through 2 fingerprint cards were supplied with the application.

03/29/2010 - Mailed additional check for $80

04/12/2010 - Biometrics check cashed

04/19/2010 - NOA received saying that payment for biometrics was received

05/11/2010 - Email alert saying case is now in Testing and Interview status. Waiting for interview appointment.

06/15/2010 - Passed Naturalization exam. Same day Oath Ceremony

06/17/2010 - Applied for US Passport

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Filed: Country: Iran
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Which visa were you applying for? I'll be going thru Ankara for DCF soon. Hopefully, I will have the I-130 mailed to the embassy by Thursday. I hope this won't cause problems for me. I've been living abroad for 5 yrs. but have always kept an american bank account and my parent's home address as my permanent mailing address and have renewed my driver's license whenever I went home for a visit.

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Filed: IR-1/CR-1 Visa Country: Canada
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Which visa were you applying for? I'll be going thru Ankara for DCF soon. Hopefully, I will have the I-130 mailed to the embassy by Thursday. I hope this won't cause problems for me. I've been living abroad for 5 yrs. but have always kept an american bank account and my parent's home address as my permanent mailing address and have renewed my driver's license whenever I went home for a visit.

A VJer who interviewed in Montreal a week or two ago was told the same thing - that the U.S. citizen spouse needed to move back to the States - but really what needed to happen is that they needed to provide more proof. That thread is here: http://www.visajourney.com/forums/index.php?showtopic=203242

I think there is misunderstanding when it comes to domicile. You cannot prove that you are 'domiciled', as such, in the U.S. - because you are not there.

What you need to prove is that you intend to move back to the U.S. 'no later than the intending immigrant'

This thread may help:

Proving domicile when not living in the U.S., Even if you have never lived in the U.S.

Edited by trailmix
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Filed: Country: Iran
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Thanks Trailmix! I hope a letter from my parents that we intend to stay with them until we find work would be enough. Being separated from my husband isn't an option for me. Like someone else said, You would think it would be obvious that you intend to take up residence in the US if you are applying for a visa for your spouse. :wacko:

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Filed: K-1 Visa Country: Honduras
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My fiance had his interview June 16th and we had the same thing happen. I have just returned to the US and am about to start working. We sent some documents to the embassy proving this, but now Honduras is in a political crisis and I am worried they will slow down on their visa work at the embassy. Arghhh. Hopefully they get back to us soon.

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Filed: Country: Iran
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Now I'm definitely going to wait for the letter from my parents stipulating that my husband and I will be living with them upon returning to the US. I'm also including a photocopy of my voter's registration card and renewed American driver's license. I've kept an account with the same bank in my home-state since I was 17. I'm wondering if I should include a recent bank statement to show that I've kept an American bank account? Is that necessary or even safe to do.

I really hope my packet doesn't get lost or stolen in the mail after I send it off considering it contains all the necessary info. for an identity thief.

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Filed: IR-1/CR-1 Visa Country: Canada
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Now I'm definitely going to wait for the letter from my parents stipulating that my husband and I will be living with them upon returning to the US. I'm also including a photocopy of my voter's registration card and renewed American driver's license. I've kept an account with the same bank in my home-state since I was 17. I'm wondering if I should include a recent bank statement to show that I've kept an American bank account? Is that necessary or even safe to do.

I really hope my packet doesn't get lost or stolen in the mail after I send it off considering it contains all the necessary info. for an identity thief.

I'm not sure what secure mailing options you have, but I would definately send a copy of a recent U.S. bank statement.

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Filed: Country: Iran
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I printed out a recent bank statement and highlighted the transactions where my husband had clients pay into my account for freelance IT work he has done.

I'm just wondering about the cover letter. Is it a good idea to mention how you met if you met online? We were living in 2 different countries and met and chatted online for many months before I moved in with him. We lived together for a year before deciding to get married. So it isn't like we met online and decided 3 months later to get married. We had plenty of time to get to know each other in the year we lived together and it has been almost 7 months now since we got married.

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Filed: Other Country: Denmark
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Really strange. I listed in US address on the 864 simply because I returned to the states after filing my I-130. But, just to be safe, I sent to my husband a copy of my tax bill showing property ownership, bank statements, utility bills and a copy of my driver license showing I reside at the property address on my tax bill. They didn't ask to see ANY of it! Not a single thing. Same for my employment. They just accepted the 864 and did not ask for pay stubs, employment letter, or anything. Of course, this is Denmark, where I imagine they don't process many spousal visas, but very odd that they didn't ask for any documentation.

They didn't even ask my husband any questions at his interview (July 1st). He was with me when I filed my I-130, and at that time they asked us a couple of questions (how long did you date before marrying, how did you meet, how many kids does the USC have), and that was it! Filed May 1, interview July 1. Visa received July 2. Traveled to US July 3. It was soooo easy!

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Filed: Country: Iran
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Did anyone else send in their original marriage certificate with the I-130? In the instructions, it asks for the original, a photocopy of all pages in full and an English translation. When I called the embassy to ask about where to go for the translation they then told me I don't need that since it is an international marriage certificate with the translation already in the back. I know it says they will return any original documents that can't be reproduced at the interview but I'm worried about the originals being lost if UPS loses my packet.

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Filed: Country: Turkey
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My husband had his interview on June 9in Ankara and we were told that I, as the sponsor, had to go to the US first without him to prove domicile. I have been living in Turkey for two years, but still maintained a US bank account, drivers license, tax records, and voting records. That was not enough for them and they told me I had to enter the US and 'prove domicile.' Has this happened to anyone else this year? It seems according to applicants from last year that they are really cracking down on this domicile requirement. If anyone had a similar experience, please share.

Kim

I am really curious about this too. I am planning on going back to Turkey to marry my fiance soon and plan on living there with him for at least a year before we come to the states. I don't want to be separated from him any more than I have to. Since I'll be living with him there, I won't have a domicile here. How are you supposed to have a domicile in the states when you live in another country???

Good luck to you!

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Filed: Country: Iran
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Since I'll be living with him there, I won't have a domicile here. How are you supposed to have a domicile in the states when you live in another country???

Keep your American bank account open, renew your US driver's license when needed, keep a US mailing address (I've always used my parents as my permanent mailing address.), show evidence that you are applying for jobs or schools in the US, etc. I had my parents send me a signed letter notifying the Immigration Visa Unit that my husband and I will live with them when we return to the US. I haven't applied to any Grad schools yet but when I went home for a visit I took the GRE so I'm going to include the test results to show them that I intend to go back to school in the US. I'm including a recent bank statement as well along with copies of my driver's license and voter's registration card. It's a bit of a hassle that they want you to prove both domicile in the US and residency in the foreign country at the same time.

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  • 4 weeks later...
Filed: IR-1/CR-1 Visa Country: Turkey
Timeline

Hello everyone! I started this post and I haven't checked it for a while. I thought I would give you all an update to what I have been doing. To clarify, I applied for the greencard through Ankara using the I-130. In order to do that, I have to show that I was a resident of Turkey for at least 6 months prior to the application. Then at the interview, they wanted me to prove I was domiciled in the US before they gave my husband his greencard. I was very confused about this as you all are and they insisted that I go back to the US in order to do that. So...now I am in the US, without my husband, and I sent the Embassy my 'domicile' documents which consisted of proof of residence, new bank accounts, new driver's license, etc. Now we are waiting to hear their response. It has been 2 weeks since they received the packet. Good luck to you all!

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Filed: IR-1/CR-1 Visa Country: Canada
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It's a bit of a hassle that they want you to prove both domicile in the US and residency in the foreign country at the same time.

It's not that much of a hassle, they really aren't asking you to prove domicile in the U.S. You cannot prove residency per se if you are not living there.

What they are asking you is to prove 'that you intend to reestablish domicile no later than the intending immigrant' - different idea, different set of proof.

Good luck kimnlars!

Edited by trailmix
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