IR1 advice

[darth vader 131]

Hi VJers,

 

You guys have been really helpful to me in the past. I now need more help, here is my story so far:

 

- Applied for k1 visa in January 2014.

- Denied(?) K1 visa in Sep 2014. Immigration officer started interview with "scolding" me and asking me to raise my voice(I have a soft voice, for a guy). Totally started off the wrong foot, he asked four questions in a very rude tone and gave me a letter saying my case was sent back to USCIS for possible revocation. No 221G, no pink slip or whatever. The letter didn't say I was denied either, just that they were sending it back to USCIS for them to consider revoking it. A little search here told me that USCIS lets the petition sit there and expire. At this point we considered ourselves "denied" and believed there was no good chance of us getting married in the US and living together in the US anytime soon. We got married(with NOC from New Delhi embassy) in India instead and started applying for graduate school as we both wanted to pursue higher education while we were dealing with this period in our lives. Low and behold, in December 2014, we get a call/email that after reviewing our case, they wanted me to come for another interview. Of course at that point we didn't want to pursue K1 anymore so we withdrew it. We both moved to Canada for graduate school, and we got in to the same school! what are the odds! We actually hoped for it but weren't very hopeful that we'll both get into same university on full scholarships. Anyway, so we have been living together for over two years in Canada. We just graduated and are working in Canada. We have been married for over two years. We want to move to US now as my wife and I are worried about her parents as they are getting old and would like to live closer to her parents. So this brings me to my question -

 

Is IR1 the right choice? Also does it require us to show that we have a house/job in US when we move there etc?

 

Any input/advice is welcome, Any comments on our chances of IR1 approval are also welcome. We have same bank account, joint lease on our apartment, have each other as beneficiaries on our life insurances and literally graduated from same school.

 

Thanks!

Edited September 27, 2017 by darth vader

[caliliving 606]

Since you are married their is only one visa petition you can do and that is the CR1/IR1. it is the same thing!! if you are married 2 years before you cross the border (which you are) u get the 10yr card and dont need to ROC.  if you are married more then 2 years, then you get the conditional card. that is the only difference! it takes about a year to do and the USC should establish domicile.  so it is best for you to go back to the USA ahead of time and get a place and a job ect.  also, be prepared for it to take a year.  goodluck:)

[darth vader 131]

10 minutes ago, caliliving said:

Since you are married their is only one visa petition you can do and that is the CR1/IR1. it is the same thing!! if you are married 2 years before you cross the border (which you are) u get the 10yr card and dont need to ROC.  if you are married more then 2 years, then you get the conditional card. that is the only difference! it takes about a year to do and the USC should establish domicile.  so it is best for you to go back to the USA ahead of time and get a place and a job ect.  also, be prepared for it to take a year.  goodluck:)

Thanks, does the USC need to establish domicile before interview or before filing I-130 ?

[geowrian 22,335]

2 minutes ago, darth vader said:

Thanks, does the USC need to establish domicile before interview or before filing I-130 ?

US domicile is needed before the visa can be issued. To avoid a 221g at the interview, you should do so before the interview.

[darth vader 131]

5 minutes ago, geowrian said:

US domicile is needed before the visa can be issued. To avoid a 221g at the interview, you should do so before the interview.

Thanks! can interview be delayed if we needed more time to establish domicile depending on how soon my wife can find a job there? Also, what does "domicile" mean, would moving in with her parents count? We would like to take our time to buy/rent a house after we move to the US.

Edited September 27, 2017 by darth vader

[geowrian 22,335]

2 minutes ago, darth vader said:

Thanks! can interview be delayed if we needed more time to establish domicile depending on how soon my wife can find a job there? Also, what does "domicile" mean, would moving in with her parents count? We would like to take our time to buy/rent a house after we have both moved to the US.

You can wait to proceed at the NVC or the embassy stages.  Domicile is a little difficult to define for immigration requirements. Basically the purpose of the visa is for family reunification, so they want convincing evidence that the petitioner is going to actually live in the US instead of remaining abroad. Having housing arrangements is one form of evidence for domicile (be sure to provide proof, such as a signed letter from the parents). Having a US-based job is another good form of evidence. There is no single activity that establishes domicile...the CO will look at the totality of the circumstances (evidence provided, time outside/in the US, etc.) and make a decision.

[Coco8 1,039]

16 minutes ago, geowrian said:

You can wait to proceed at the NVC or the embassy stages.  Domicile is a little difficult to define for immigration requirements. Basically the purpose of the visa is for family reunification, so they want convincing evidence that the petitioner is going to actually live in the US instead of remaining abroad. Having housing arrangements is one form of evidence for domicile (be sure to provide proof, such as a signed letter from the parents). Having a US-based job is another good form of evidence. There is no single activity that establishes domicile...the CO will look at the totality of the circumstances (evidence provided, time outside/in the US, etc.) and make a decision.

 

24 minutes ago, darth vader said:

Thanks! can interview be delayed if we needed more time to establish domicile depending on how soon my wife can find a job there? Also, what does "domicile" mean, would moving in with her parents count? We would like to take our time to buy/rent a house after we move to the US.

 

You guys can establish domicile in your in law's house. That is easy. Basically, have your wife open a bank account US (or she might already have one) and use that address for the bank's address. Also, if she visits, have her renew her driver's license using the address. Plus, she can register to vote. 

 

All that should be useful for the consulate. Before the consulate interview, she can apply for some jobs, etc (and that would be additional evidence for the consulate interview). But I would not rent a house that early. I doubt you will get ask for more information, but in any case, they will basically make you submit more information after the interview, it won't be a reason for denial. Getting interviews is sometimes hard because of the lack of dates available so you do not want to delay your interview too much.  Also, even if you are in Canada, you are not Canadian, so it could be a while to get your passport back, which is another reason why I would not rent a place in the US. 

 

Edited September 27, 2017 by Coco8

[pushbrk 12,092]

To be clear, you don't have to actually establish domicile.  You must show convincing evidence of the INTENT to ESTABLISH domicile in the US.  Research this specifically in the context of USC's living in Canada.  Lots of discussions here on the subject.  Start by reading those.

[darth vader 131]

1 minute ago, Coco8 said:

 

 

You guys can establish domicile in your in law's house. That is easy. Basically, have your wife open a bank account US (or she might already have one) and use that address for the bank's address. Also, if she visits, have her renew her driver's license using the address. Plus, she can register to vote. 

 

All that should be useful for the consulate. Before the consulate interview, she can apply for some jobs, etc. But I would not rent a house that early. I doubt you will get ask for more information, but in any case, they will basically make you submit more information after the interview, it won't be a reason for denial. Getting interviews is sometimes hard because of the lack of dates available so you do not want to delay your interview too much.  Also, even if you are in Canada, you are not Canadian, so it could be a while to get your passport back, which is another reason why I would not rent a place in the US. 

 

 

2 minutes ago, pushbrk said:

To be clear, you don't have to actually establish domicile.  You must show convincing evidence of the INTENT to ESTABLISH domicile in the US.  Research this specifically in the context of USC's living in Canada.  Lots of discussions here on the subject.  Start by reading those.

Thanks! to be very honest, I don't trust visa officers anymore. I just hope I get a nice one this time around.

 

 

 

[pushbrk 12,092]

Just now, darth vader said:

 

Thanks! to be very honest, I don't trust visa officers anymore. I just hope I get a nice one this time around.

 

Your time spent living together as a couple will rule the day.

[darth vader 131]

10 minutes ago, pushbrk said:

Your time spent living together as a couple will rule the day.

I hope you are right. Thank you so much.

Edited September 27, 2017 by darth vader