IR-1 refused- need to prove domicile

[Seema&Huss 0]

Dear Members,

 

I am a US citizen and have filed for my Husband's IR-1 visa here in Mumbai,India.  The process was moving along smoothly until the final interview where she noticed the address I had put which was my indian address.  I have been living here in india since i was 17 for the past 12 years (I am 29 right now) and have not voted or renewed my drivers licence in the US.  My father and brother both live in the US and my father filled and Affidavit of support as i have been earning under the US taxable limit.  

 

The refusal letter states "While the petitioner is a US citizen or a green card hold the information provided indicates that the petitioner does not physically reside in the United states and until the petitioner provides proof that he/she has re-established his or her principle residence in the US (domicile) we are unable to continue to process your application" 

 

My question is:

 

1) Do i need to travel to the US and establish proof of domicile or can I prove intent to establish domicile from here in India by showing them a letter from my dad stating i will be living with him on arrival, open a bank account online in the US and transfer money ($2000?), show receipts for purchases my father has made for my 6 month old baby such as a highchair etc, and applications for Jobs

 

2) If the information i send in from India is rejected will they close my case or reject it further with prejudice?

 

3) How long do I have to complete this procedure.  Would I need to leave right away for the US as my husband's medical clearance expires by the end of September (it is currently 2nd Aug).

 

I am very worried about travelling alone as my baby is very young and i will have to live without my Husband for a period of time and it will be very difficult for me to take care of my little one without his help and support.

 

Thank you to everyone in advance.

[Coco8 1,059]

7 minutes ago, Seema&Huss said:

i have been earning under the US taxable limit.  

 

Even if you make less than the IRS limit, you need to still file taxes or send a letter to the IRS mentioning you earn less than the taxable income. Have you done this? If you haven't, this could be another potential problem. People on VJ mentioned they have had to file back taxes because they were required.

[Seema&Huss 0]

Coco the refusal letter did not mention anything about taxes but they did ask me to write a short letter at the consulate itself about why I had not filed taxes. I simply wrote because I made under the taxable amount. Do you think it will still be an issue? 

[Cathi 5,883]

Just now, Seema&Huss said:

Coco the refusal letter did not mention anything about taxes but they did ask me to write a short letter at the consulate itself about why I had not filed taxes. I simply wrote because I made under the taxable amount. Do you think it will still be an issue? 

You will need to have proof you made under the taxable amount. 

[Longingfor 195]

This talk about taxes is not the reason for refusal. Yes one must communicate with IRS their status. 

 

The big elephant is not residing in the USA or seek to establish domicile there. If this is not fix the petition will once again be refused. Please focus on what the embassy is asking per the letter received. 

 

Next research ways to establish domicile. This info can be found on uscis website. You can also search on VJ and you will find threads that discusses this very topic of establishing domicile.

[Roel 7,193]

Not filling taxes can be a reason for refusal, especially since it's a duty of the US citizen and it's part of proving the domicle.

[Seema&Huss 0]

Thank you longingfor. Do I need to prove domicile or prove intent to reestablish domicile and can it be done from India or do I surely need to make a trip to the US. 

[milimelo 4,852]

Well, what are your plans? Have you started looking for a job, daycare for your kid, apartment for your family? It takes an action on your side with proof before your husband will be issued an immigrant visa. Sitting around not doing anything doesn't help you. 

 

Go to the US, get a job (apparently your father and brother can help with childcare), apartment, register to vote, get a driver's license and then send that proof to embassy. Or leave the child with your husband until you have established yourself and have daycare arrangements set up. 

[Coco8 1,059]

1 hour ago, Seema&Huss said:

I am very worried about travelling alone as my baby is very young and i will have to live without my Husband for a period of time and it will be very difficult for me to take care of my little one without his help and support.

If you are at the consulate stage, there won't be much time between the time you go to the US and the time your husband gets the visa. They are basically asking you to provide domicile so you can go live with your father, get a driver's license with his address on it, maybe get a letter from you father saying that you are living with him, that might be enough. You haven't lived in the US for a long time so this would be a way to go about it.

 

There are ways to show intent to establish domicile, but those could be harder to prove because you've never lives as an adult in the US and the letter you got says:

 

1 hour ago, Seema&Huss said:

"While the petitioner is a US citizen or a green card hold the information provided indicates that the petitioner does not physically reside in the United states and until the petitioner provides proof that he/she has re-established his or her principle residence in the US (domicile) we are unable to continue to process your application"

 

So it asks for proof that you have established residence, not proof that you intend to establish residence. Now I don't know if this is just what they send to everyone and intent of domicile could be enough.

 

Intent of domicile could be established by signing a lease of a house (but it could be hard if you have no credit or even a U.S. driver's license), getting a job, start a business in the US, open a bank account in the US. Again, this are hard to do if you haven't been to the U.S. 

 

The fastest way would be to go to the US and do this things in two weeks. You can even leave the baby in India. Once you've done several things (ID, bank account, do you have a SSN?, etc.), you can go back to India and take the evidence to the consulate.

 

 

 

 

[N-o-l-a 7,169]

I would agree that with the wording of your letter, you might need to make a trip to the US, but you might not.  Some embassies are very strict about domicile and a simple intent to re-establish that would fly in other countries isn't going to work.

 

Take the time to even do extra things while you are there:

 

-think about transportation - will you be renewing your license or maybe applying for a permit?  If you do this, then maybe your parents can add you to their car insurance, get a state ID in any case

- get a local bank account

-get a local library card

-register to vote

 

I don't think anyone can tell you what the right or wrong path is to take with this.  If you want to be conservative, you can try to fulfill the intent to re-establish without leaving India and see what happens.  Your case isn't going to be denied if it isn't enough, they'll just ask for more.  If it were me, I would choose to try the cheapest and easiest path first.

[Seema&Huss 0]

Thank you NOLA. So you are saying they many times ask for more than one RFE? 

[N-o-l-a 7,169]

It isn't an RFE, but rather just a denial of your visa until your provide the correct documents.

 

I've seen people go back for domicile documents more than once in several countries.  

[Seema&Huss 0]

Meaning they have had to go back to their home country (in my case USA) more than once for evidence of domicile? 

[Longingfor 195]

16 hours ago, Seema&Huss said:

Thank you longingfor. Do I need to prove domicile or prove intent to reestablish domicile and can it be done from India or do I surely need to make a trip to the US. 

Check out the link i posted. I found on VJ and it seems quite helpful. You can also post questions there as the persons on that thread are more able to assist seeing they have been there done that.  Hope it helps.

[Michael2017 368]

18 hours ago, Coco8 said:

 

Even if you make less than the IRS limit, you need to still file taxes or send a letter to the IRS mentioning you earn less than the taxable income. Have you done this? If you haven't, this could be another potential problem. People on VJ mentioned they have had to file back taxes because they were required.

This is not true for tax purposes but helps with immigration.

Edited August 3, 2017 by Michael2017