INTERVIEW ENDED WITH A 221(G) DENIAL PENDING ADDITIONAL DOCUMENTS

[LGF 0]

Hi VJ members,

|I have been a silent observer for quite a while now and i must admit i have learnt a lot reading this forum. however, i have now gotten to the stage where i need assistance myself. i have a US citizen husband and we have been patiently going through the process, at some point in the application, family emergency required that my husband come home to Nigeria to stay with me for a while. Long story short, at the interview, i was asked when last i saw my husband and i told the consular officer that he was in the country at the moment , i was asked when he arrived for this current visit and i said a year ago, that was the source of the denial letter i was given, i was told he has to prove domicile in the US and was given a list of documents to produce and to send an email to the embassy when i have them so that a new interview will be scheduled for me. My question is , Does anyone else have this experience or has had it? can anyone say how long it takes the Nigerian consulate to reschedule such interviews?. besides, my husband is primarily domiciled in America and was quite pissed at the insensitivity of the consular officer when i tried to explain this to her, is there anyway he can file a formal complaint to fasten the process?

Thanks a lot for your contributions.

[Anh map 2,098]

What complaint? You have none. Give the consular officer what is requested. Being outside of the country for a year+ would make a reasonable person think that they are not living full time in the US. Proving a US domicile is part of the requirements.

Lagos is the #1 location for US visa fraud. So the level of scrutiny is very high. Anything that looks out of the ordinary will get an RFE or outright denial.

[dwheels76 5,463]

Don't worry right now about complaining. It's a common thing after so long out the US every citizen has to show they are domiciled in US. So just focus on getting your proof together. There are many here who live abroad with their spouse.

Once they have your evidence they will review and verify. No one can tell you how long it will take that's their call. Could be weeks. So get your list together.

1. You need to show where are you going to live?
2. His work? I would assume you now have to provide a joint sponsor?

Aside from the list they sent you here are some ideas he can gather to get his evidence. The faster you move the faster you can get a interview and approved.

*******************************************************************************************************************************************************************************************************************************************************************************************************************

Domicile

Please note, if the petitioner lives with the beneficiary abroad, 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-864

Part 4, Question 5: 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 principal 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: ______________________

[mallafri76 1,012]

There's nothing to complain about. Your husband has been living abroad for a year, he needs to prove that he's intending to take up domicile in the US and return home with or before you. If he's primarily domiciled in the US, then send the mortgage deed/rental agreement for his home in the US.

Edited October 21, 2015 by mallafri76

[tonyb919 107]

Sounds as if they put you in AP.

AP can take days...months...years!

The consular officer may be concerned about not only his domicile but also his financial ability to support you with him being out of the country for this extended amount of time