Studying abroad and proving domicle for IR-1 wife. ADVICE PLEASE.

[derawk 0]

I'm a U.S. citizen married to my foreign wife of 2 years 5 months. My parents and brother are AoS because i'm have no income because im a student. They are basically supporting my wife and i while i'm here. She had her interview at the U.S. embassy a month ago and was denied her visa. So our story goes like this, the interviewer asked her some general questions and then she asked me my status of why i'm in the Philippines and i told her that i'm currently attending school here. She denies her right away and tells me that I have to prove domicile in the U.S. and i can't just leave her in the U.S. while i'm still in the PH still studying. I tell the interviewer i go back home every time i have a semester break and been back home numerous times, but she still wasn't having it after what i told her. I still have ties with the U.S. recently having voted, maintaining bank account and credit cards. I was going to bring her with me during my semester break after if she received her card, but after hearing what the interviewer said, i'm all losing HOPE. I have attached the email that was sent to me. ANY IDEAS! HELP would be appreciated. THANKS!

[JFH 12,196]

The interviewer is right. Spouse visas are to bring your spouse into the country to live with you. Why can't you study in the US?

The rules are quite simple. The USC petitioner must be already living in the country or returning to the country on the same day as the beneficiary moves. These visas are not to send spouses to live in the USA alone. And why would you want that? If you're living in the Philippines (going to the USA for semester breaks is not living in the USA) why are you choosing to send your wife to live thousands of miles away from you. Isn't the point of being married to live together? Why does she want to live apart?

Either you transfer your studies to the USA or she waits in the Philippines until you are done with your studies and ready to relocate to the USA permanently with her.

What the interviewer suspected was a marriage for immigration benefit.

[derawk 0]

well i told her i would transfer my studies to the US after she told my wife she was denied. She didn't want to hear anything else after what I told her I was going to finish school here. Now that my wife was denied I was planning to stop my studies here and go back to the US. the problem is now how would I prove to the embassy that i'm going back so they would issue her visa?

Edited November 23, 2016 by derawk

[Unlockable 7,322]

You have reestablish domicile first. The rules are pretty strict and are not bent. It is the cold side of immigration.

It sucks but being separated is most times part of the process.

Good luck.

[Penguin_ie 6,002]

Was the visa denied outright (sent back to USCIS), or are they keeping it at the embassy waiting for more proof of domicile?

If the latter, cancel your enrollment in the Phils university, enroll in a US university, pay the fees, rent a home there etc to show you are ready to move back.