Bangkok interview CR1-unexpected domicile issue

[aaa2zzz 27]

I am a US citizen. My wife had her interview Monday  on the CR-1, at Bangkok. We had been married while I was living overseas, and I filed the I-130 over a year ago after moving back to the USA. The I-130 and all other documents such as Affidavit of Support reflected the US address where myself and my progeny have been living for the past year,  but the consular staff requested proof that I had definitely established domicile in the USA. Easy to document, because I have established domicile. My wife had documents in her possession that would have answered this issue, but since she was the last interview of the day, they were not interested in seeing those documents nor documents that would have addressed the other issues they brought up. 

The deficiency letter stated they needed a copy of my divorce decree, which of course had been included in the IV packet sent to NVC. Wife stated she had another certified copy with her, but staff refused to accept it. 

Since I was doing volunteer work overseas in 2015,  I relied on liquid assets instead of income for the Affidavit of Support. The liquid asset requirement for CR-1 spouse visa is 3 times the 125% poverty level. Consular staff stated I needed to show liquid assets of at least x, while the Affidavit of Support was accompanied by bank statements showing 2x. Again, last interview of the day, last of 19 interviews they had scheduled, and they simply, in my opinion, were tired and failed to read the document. They told my wife they would interview her again in a couple of weeks, with the requested documents. 

 

Of course, since it has been 2017 for over a week,  I had already filed my 2016 tax return and by next Monday they should have an updated I-864 reflecting more than enough income, as well as 100 pages or so proving domicile.  I decided to include more of the liquid  assets just as a backstop. 

In summary, it was not a very pleasant day, but I am hopeful all will be resolved in the very near future. 

[Daron and Honey 6]

What is the timeline i can expect to have to prove my Domicile?  I myself am working overseas now and have a Thai wife and we are just getting started.  We already have plans to move back to the states, but do not want to until everything is all ready to go. We have been married 5 years and 2 step kids, so we will be doing an IR-1.  Good luck to you and your wife.

[aaa2zzz 27]

Here is the link the consulate refers to, on their deficiency list,  with the factors supporting domicile. 

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-series-forms-faqs.html

 

From a legal standpoint, domicile is not the same as residency. Residency is where your body is, but domicile is where you intend to stay. Based on the above link,  I would say, if you had bought a home in the US or had a signed lease agreement, and the kids were enrolled in school, as of the NVC stage, or latest by  the interview, that would work. 

Since I understand there are a lot of people in your situation (long term expat in Thailand moving back to the USA) I think this is a big issue for the consulate. 

How can it be possible to enroll the kids in school and lease a house, before they even get permission to come to the USA?

I suppose if you have a job letter in hand, and maybe the enrollment paperwork for the local school where you plan to live, with proof you have permanently left your employment in Thailand.

"If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the United States with or after the sponsor. "

[Daron and Honey 6]

I am working APO/AE in Afghanistan.  I plan to submit the i-130 with my APO address here and My fathers address in the states as intended place to live. Now, i read that the intended Domicile is actually just a place where you would receive mail. (mayb am wrong, still new), and that when i am ready to move (hypothetically), That all i need to do is submit a change of address @ https://egov.uscis.gov/coa/addressChange.do .  and like you are saying, by the interview stage, i can have my Domicile ready to go, change the address, and have the paperwork ready to show that Domicile is proven.

 

I appreciate your help and dont want you to waste your time with me.  I know you got alot on your mind form previous post. It may be some extra work, but i have got a wile to go and we are just not ready to move. I hope this works. 

[aaa2zzz 27]

• That same link says that the following are considered to be US domicile. If you are APO/AE I assume that means you work for the US government? I would assume there would not likely be any other reason for your living in Afghanistan. Yes I know they have wonderful beaches, etc. in Afghanistan. Then according to this link in my earlier post, you are already domiciled in the US. 

 

• "What kinds of employment abroad can be counted as U.S. domicile?
• Employment temporarily stationed abroad with the U.S. government
• Employment temporarily stationed abroad with a U.S. institution of research recognized by the Attorney General
• Employment temporarily stationed abroad with a U.S. firm or corporation or its subsidiary engaged in whole or in part in the development of foreign trade and commerce with the United States
• Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute
• Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States.
• Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States"

[Daron and Honey 6]

12 hours ago, aaa2zzz said:

• That same link says that the following are considered to be US domicile. If you are APO/AE I assume that means you work for the US government? I would assume there would not likely be any other reason for your living in Afghanistan. Yes I know they have wonderful beaches, etc. in Afghanistan. Then according to this link in my earlier post, you are already domiciled in the US. 

 

• "What kinds of employment abroad can be counted as U.S. domicile?
• Employment temporarily stationed abroad with the U.S. government
• Employment temporarily stationed abroad with a U.S. institution of research recognized by the Attorney General
• Employment temporarily stationed abroad with a U.S. firm or corporation or its subsidiary engaged in whole or in part in the development of foreign trade and commerce with the United States
• Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute
• Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States.
• Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States"

Thank you very much,  very helpful and much appreciated.

[aaa2zzz 27]

Consulate has all requested documents for four weeks, but no status update since receipt. Meaning, I suppose, they got the envelope but have been too busy to look at what is inside it.