F2A Immigration interview for Spouse of LPR----221g Domicile and Resume

[kenny6089 0]

Hello all VJ folks,

I may have read almost all the post of last several years in last 2 months. It will be helpful if you can read through the story and throw your tip in form of a great help.

Story: I am an LPR a GC holder since 2010 ( i was born in India and Naturalized Citizen of Canada). Got married in 2012 to an indian girl. Filed I130 somewhere around in March. And then i was told to wait for 3 years for her interview by one of Lawyer. So, first year from March 2012 to 2013 went okay. Lots of stress but me and my wife managed to go through. Then fortunately my company offered me to work from Canada (As a field svc eng) and i took it as an opportunity to unite with my wife untill she gets through her interview and visa. So, i started working in Canada, going my home(NJ) every month and called my wife into Canada. I did maintain my ties with USA by driving American Car, paying taxes, credit card bills and few of the Utility bills. So till my wife's interview i may have crossed the border almost 300 times and never had a problem. I always tell the CBP officer that i work in Canada temporary till my wife gets her visa and they use to be okay with it. So, i was working in Canada by US company and being paid in Canada. Filed all my taxes and never spend more then 2 months in a row in Canada. Anyways my wife had her interview in April and my lawyer (stupid one) told me go with her and everything will be fine. Bring ur taxes and all. Interview was ok, only asked us about if our marriage was first for both of us and we said yes. And then he said you have been working in Canada for past 2 years, i replied "yes sir". His sudden response was, so u called her here so u while pending petition and stay with her. I agreed to him. And then all DOMICILE stuff started. He asked me if i have bank statement or active account. I didn't have statement but did have the photo debit card of bank of america. He refused to see that. He wanted to see the statement. The he asked my wife about her education and she said she has a Masters in Biotech. And he asked for her Resume. I literally said wow. He told me he wanted to see if my wife has done any thesis. Anyways long story short, he gave me the amazing 221g worksheet for 2 points: Prove my domicile and my wife's resume. We both left broken hearted and didn't know what to do from here. So, i called my lawyer and he said "i knew you would have this problem". Hmmm yes i was so angry at him its not even funny. You never wanna hear this type of statement from your lawyer at least.

So, i contacted another proffetional lawyer (she said if i was ur lawyer i wouldn't allow you to go to the interview with her) with some extra fees to prcess this 221g. She asked me for few documents to create a package and sent to embessy.

The list of documents:

My last 4 years of tax returns with w2s( 2010 to 2013).

My last 5 years of bank statements

Car insurance policy history of my last 5 years.

My last 5 years of driving license : (one copy of my old and one copy of my new)

EZpass copy.

Credit card statements of last 5 years of 2 of my credit card.

And a company letter stating that i was working for them in 2012 and was transferred to Canada in 2013 and now i am back in usa from june 1.

List of family members in USA.

As per my new lawyer, they are proving that my time in canada was temporary so i can be unite with my wife. I was domicile of us when i filed I130 and now I have no intention to be in Canada once she receive her visa. Yes, i have my entire family relatives are in USA (about 100 more people) .

What do u guys think? You think my wife has some chance of getting her visa?

My one frustration to the rules for LPR is, if LPR has to live in USA and their spouse can't come to USA for about 3 years; why can't LPR go with the spouse and live together untill the spouse gets her visa? Why thousands of couples have to live saperate and lose those wonderful time being with eachother? I understand as an LPR ur just an alien and ur spouse has to wait in line. But then please allow me to go and be with her temporarily without any torture on my status and our visa.

Yah i just figured i wrote an essay here, forgive me for that.

V/R

K!!!

[NikLR 13,220]

Why can't an LPR go to the spouse and live together?

Because that is not how a green card works. A green card is for living and working in the USA. If you were a USC, you certainly could go live in your spouse's country, but you are not a USC. You are an Indian and Canadian citizen. You have been given the privilege of living in the USA. I'm unsure how you are not understanding that by not living in the USA, you are violating the terms of your green card and permanent resident status. The only way around that would be a re-entry permit or, as you have done, commuting to work.

As a note, Montreal is VERY strict on domicile. It wouldn't matter if you were a USC. Montreal pretty much wants to see proof that you have gained or retained a residence in the USA. As an LPR this is the "retained" or "kept" part of that sentence. Because you work outside the USA, you have to doubly prove that you reside within the USA. Their two main criteria are a home and work within the USA. You do not work within the USA.

Because of her degree, she is subject to AP. The USA is very much aware of the threat of terrorism and anyone with a higher degree in biology, chemistry, pharmaceuticals, etc, is subject to in depth background checks.

[kenny6089 0]

Thanks for the reply.

And yes you are rite that GC is for the people who wants to live and work in USA.

Lets put everything on side, so what you are saying is if you're are a GC holder you have no right to be with your spouse untill she gets a green card with is 3 years. There are many tregic things can happen. This feels like a punishment to me. Rules are as important as you being with ur wife. work outside us is only temporary because i wanna be with my wife.

As per working out side US goes, i was working for american Firm A in us, then i was working for the same firm in Canada and now i am working for the same firm back in us. "My company asked me if i can work in Canada for some time"

Sorry i am just frustrated husband trying to be with my wife. Also, keep in mind if someone (LPR) followed and married to non american and wait for 3 years to unit with her; the relationship of them being bona fide will be a huge issue. Of course phone chats, emails and money transfer receipt doesnt prove they are husband and wife. Me trying to be with her with all the rules and regulations prove that we are legit. Hence the CO never went to soo deep anout our relationship during an interview.

Anyways you think my list of evidence are okay?

[NikLR 13,220]

It is what it is.

provide proof of domicile. utility bills, lease agreement, driver's license, letter from company stating you will be transferring to the USA department, bank and credit card statements from US bank showing active use,

They don't care about your family members in the USA and your tax transcripts should have gone with your I-864.

[kenny6089 0]

As per my lawyer, list of family members,ie mother,sister,grandparents, uncles,aunt, cousins; can show that i have stronger family ties with US compared to Canada. I have no relatives in Canada

For the tax transcripts, i was originally required to submit my previous years tax with 864. So now i am submitting my all tax returns from the day i became LPR to the current.

So, i am still not certain about the rules. Me showing that my work/absent from usa was temporary; and i was domicile to usa by filling taxes (and maintaing my ties )and now i am transferred back back in usa which indicate that i have reestablish my domicile in usa, is sufficient? Is there any red flags here for CO to regect the petition and force me to go apeal or revoke and make me file all over again?

[NikLR 13,220]

If you only want to listen to your lawyer, why did you ask?

You should have NEVER left your domicile in the USA. Period. You have to prove you KEPT domicile in the USA. They don't care about family ties to the USA. They care that you have kept a home in the USA.