IR-1 refused- need to prove domicile

[JB209 60]

Per our personal case in NVC stage (interview coming up soon), we filed taxes for the 4 years the USC has been living abroad, also submitted valid driver's license, statements of bank accounts and credit cards from the US, state teaching certificate, online job applications.

[caliliving 606]

Taxes are not your problem!!

 

 

A green card is for LIVING in the USA. You are not living there so why give your husband a greencard??? You need to move to America and set up a life there and then you can get a greencard.

[Seema&Huss 0]

Cali we were hoping to move and set things up. Again like I mentioned the reason I am not jumping to go to the US first and set things up is because I have a small baby and it will be much more difficult which is why I wanted to see if the option of proving gn intent is a possibility. Looks like it may not be  especially with the laws being changed as we speak. 

[Seema&Huss 0]

3 hours ago, JB209 said:

Per our personal case in NVC stage (interview coming up soon), we filed taxes for the 4 years the USC has been living abroad, also submitted valid driver's license, statements of bank accounts and credit cards from the US, state teaching certificate, online job applications.

Thanks JB . I'll be looking to do that once I arrive 

[caliliving 606]

7 minutes ago, Seema&Huss said:

Cali we were hoping to move and set things up. Again like I mentioned the reason I am not jumping to go to the US first and set things up is because I have a small baby and it will be much more difficult which is why I wanted to see if the option of proving gn intent is a possibility. Looks like it may not be  especially with the laws being changed as we speak. 

Welcome to immigration! Nothing is going to work out perfectly! U need to then find a time and move ther3 first. Until u so that u won't get approved 

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

9 minutes ago, Seema&Huss said:

Cali we were hoping to move and set things up. Again like I mentioned the reason I am not jumping to go to the US first and set things up is because I have a small baby and it will be much more difficult which is why I wanted to see if the option of proving gn intent is a possibility. Looks like it may not be  especially with the laws being changed as we speak. 

 

Laws take a long time to change and the bill they speak about has no impact on your case.

 

 

 

22 minutes ago, caliliving said:

Taxes are not your problem!!

 

 

A green card is for LIVING in the USA. You are not living there so why give your husband a greencard??? You need to move to America and set up a life there and then you can get a greencard.

 

This is normal for those of us who have filed from abroad.  Our family was living in Denmark when we got approved.   

[Michael2017 368]

As far as I know, the law says that you can show the INTENT. I would risk 15$ and ask a lawyer here: JustAnswer dot com

I used that website a lot and lawyers will answer you the questions 100% legally correct. My understanding is that an intention to immigrate together with your husband will be enough, however you need to show concrete steps. A lawyer can tell you how to present it best, so just invest 15$ and finish

[Unlockable 7,322]

35 minutes ago, Seema&Huss said:

Cali we were hoping to move and set things up. Again like I mentioned the reason I am not jumping to go to the US first and set things up is because I have a small baby and it will be much more difficult which is why I wanted to see if the option of proving gn intent is a possibility. Looks like it may not be  especially with the laws being changed as we speak. 

It is a tough Catch-22.

 

But the Government wants to ensure that green cards are not being applied for fraudulently or frivolously. Establishing domicile will show that you have the means and resources to have a life in the US.

[geowrian 22,344]

You can show intent, but it has to be sufficient evidence of intent. The CO makes this determination. Many COs set a high bar here to avoid fraud.

[Seema&Huss 0]

7 minutes ago, Michael2017 said:

As far as I know, the law says that you can show the INTENT. I would risk 15$ and ask a lawyer here: JustAnswer dot com

I used that website a lot and lawyers will answer you the questions 100% legally correct. My understanding is that an intention to immigrate together with your husband will be enough, however you need to show concrete steps. A lawyer can tell you how to present it best, so just invest 15$ and finish

Wow Micheal that is really helpful. I'll get on it right now and post their answer so it can help others in the future! 

[Seema&Huss 0]

3 minutes ago, geowrian said:

You can show intent, but it has to be sufficient evidence of intent. The CO makes this determination. Many COs set a high bar here to avoid fraud.

Yes I can understand that it. I would assume having a baby together should prove we are not a fraudulent couple but sometimes I feel like they like to make people jump through a few hoops, 

[Transborderwife 4,666]

1 minute ago, Seema&Huss said:

Yes I can understand that it. I would assume having a baby together should prove we are not a fraudulent couple but sometimes I feel like they like to make people jump through a few hoops, 

Not to be crude but not really.   A baby proves that at least one spouse has had sex.  Nothing more 

[geowrian 22,344]

Just now, Seema&Huss said:

Yes I can understand that it. I would assume having a baby together should prove we are not a fraudulent couple but sometimes I feel like they like to make people jump through a few hoops, 

That's 2 separate issues. The concern of fraud here isn't about being a fraudulent couple. It's about fraud of using the visa not for it's intended purpose (family reunification).

 

To be blunt (sorry!), a child isn't proof of a bona fide relationship. Many people have and care for a child who are not in ongoing relationships. It would just be a huge hole for fraud if getting pregnant was sufficient evidence of a relationship for a visa (anybody committing fraud or otherwise concerned about approval would do so).

[Michael2017 368]

1 minute ago, Transborderwife said:

Not to be crude but not really.   A baby proves that at least one spouse has had sex.  Nothing more 

Why do you guys always try to scare off people here with the worst case scenario. 

1. They do believe the marriage is real and not fraudulent.

2. They have approved it without any RFE

3. All she needs is to proof her domicile. 

 

Therefore stop throwing things on her that are not related to re-establishment of the domicile. Everything else is completed in this case and approved.

[Transborderwife 4,666]

Just now, Michael2017 said:

Why do you guys always try to scare off people here with the worst case scenario. 

1. They do believe the marriage is real and not fraudulent.

2. They have approved it without any RFE

3. All she needs is to proof her domicile. 

 

Therefore stop throwing things on her that are not related to re-establishment of the domicile. Everything else is completed in this case and approved.

It was in relation to what the OP quoted thus relevant to the conversation.  No need to tell each other how to post.