CR-1. Refusal worksheet: Section 221(g)

[merienda 0]

Hello,

I am an Amrican citizen, but I have lived in Spain all my life. I've never worked or had a long time residency in the US.

I was petitioning CR-1 for my wife and I to move, the case was copmplete and yesterday, she had her interview at the US Embassy in Madrid (Spain).

They were "unable to issue a visa" under Section 211(g). They printed out a a paper with our case # followed by "01" on the upper right corner.

They needed further documentation. In my case "Need financial co-sponsor or additional income" and "Must establish domicile in the United States before petitioning for others".

I own a house in my home town that surpasses in value the minimum required, but they suggested that a family member co-sponsored my wife. This is not a problem.
However, for the proof of US domicile, my sister (living in Sacramento, CA for 10 years) wrote an affidavit that stated that we were going to live there, that she agreed, and that we had the intention of finding our own place once we found jobs, etc. But I guess it was not worth anything.

If we submit my family member's co-sponsor I-864 and I sign a renting lease BEFORE moving to the US, will it be enough proof? I don't want to separate from my wife, specially if we don't know how much time this is going to take,

My wife and I are very scared. We don't know if our case was sent back to the USCIS, or if we can just take the missing documents to Madrid as soon as we get them.

Does the CO contact us? Do they give us a new interview date? When? Who do we contact when we have the documents that are missing?

They kept my wife's passport and they didn't give us much information at all! We tried to contact the Embassy in Madrid this morning after a good night's rest, but the phones are busy.

If anybody could provide any useful info or insight it would be greatly appreciated. Thanks in advance.

[dwheels76 5,468]

Hello,

I am an Amrican citizen, but I have lived in Spain all my life. I've never worked or had a long time residency in the US.

I was petitioning CR-1 for my wife and I to move, the case was copmplete and yesterday, she had her interview at the US Embassy in Madrid (Spain).

They were "unable to issue a visa" under Section 211(g). They printed out a a paper with our case # followed by "01" on the upper right corner.

They needed further documentation. In my case "Need financial co-sponsor or additional income" and "Must establish domicile in the United States before petitioning for others".

I own a house in my home town that surpasses in value the minimum required, but they suggested that a family member co-sponsored my wife. This is not a problem.

However, for the proof of US domicile, my sister (living in Sacramento, CA for 10 years) wrote an affidavit that stated that we were going to live there, that she agreed, and that we had the intention of finding our own place once we found jobs, etc. But I guess it was not worth anything.

If we submit my family member's co-sponsor I-864 and I sign a renting lease BEFORE moving to the US, will it be enough proof? I don't want to separate from my wife, specially if we don't know how much time this is going to take,

My wife and I are very scared. We don't know if our case was sent back to the USCIS, or if we can just take the missing documents to Madrid as soon as we get them.

Does the CO contact us? Do they give us a new interview date? When? Who do we contact when we have the documents that are missing?

They kept my wife's passport and they didn't give us much information at all! We tried to contact the Embassy in Madrid this morning after a good night's rest, but the phones are busy.

If anybody could provide any useful info or insight it would be greatly appreciated. Thanks in advance.

Since you need to establish domicile here is what is published in VJ (under the NVC filers thread) Follow this.

Now note there is a re-establish domicile and establish. Hope this helps.

To your other questions:

Does the CO contact us? Not sure every embassy is different. With this situation you have a window of time to get information to the embassy. Shouldn’t take you long to get paperwork together.

Do they give us a new interview date? They may or just approve once they have documents and review.

When? Don’t know your embassy that is a question you would have to ask them.

Who do we contact when we have the documents that are missing? The embassy IV Unit

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