IR1 visa temporery refused

[Madhar 1]

Hello every one

I had my IR1 visa interview in the US embassy and it was temporary refused, my case details as follow:

My wife is a US citizen and she left US when she was a child a never lived there, we got married 10 years back.

now both of us are working abroad and decided to move to US.

in the interview the consular ask for a joint sponsor (affidavit of support, US tax return and  copy of US passport or Green card for sponsor in the US) with my wife since she doesn't have a domicile to the US. although we provided a letter form my and my wife's company stating our incomes along with a bank statement and letter from the bank stating the amount that we have in our accounts.

I have only my father in law who is living in the US and he is not working because he is above 65 years old.

Please help me if there is any alterative options that we can provide since we don't have any one in the US who is meeting the sponsor eligibility and can sponsor me? 

[GreatDane 366]

You can use assets to prove adequate financials. It will need to be three times the amount and need to be either liquid or liquid within a year. As a USC, your wife should still have US tax records as all citizens are still required to file and report international income.

[Boiler 43,757]

Wife gets a job in the US and is then aboe to show domicile and meet the sponsorship requirements.

[aleful 1,905]

Spoiler

 

hi

 

you should have done more research before filing, she has 2 options, enough assets to cover you, or she come to the US first, gets a job and then re files for you 

 

or get a joint sponsor in the us which is not possible. her income at her company can only be used, if she was going to be transferred to the US by that company, in her same position and salary.  

[Liam2021 564]

-First, your wife is the main sponsor, and look like she not meets the both requirements: domicile and income.

-Second: for join sponsor you can ask your wife if she have any friend or relative in the USA willing to do that.

- For the domicile, you can take a look at this link from NVC: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/establish-financial-support/i-864-affidavit-faqs.html

[Madhar 1]

16 minutes ago, GreatDane said:

You can use assets to prove adequate financials. It will need to be three times the amount and need to be either liquid or liquid within a year. As a USC, your wife should still have US tax records as all citizens are still required to file and report international income.

Thank you for your replay, I provided a local bank statement with more than 80$K,  the consular told me in the interview my financial support documents are good enough but because my wife doesn't have domical to US I need joint sponsor in the US

 

My wife is not filing taxes because she didn't know that she has to file taxes while she is abroad now she is in the process to file it under the streamline procedures although her income abroad is below the tax eligibility criteria(below 100K) and she can claim the exemption.

[GreatDane 366]

27 minutes ago, Madhar said:

Thank you for your replay, I provided a local bank statement with more than 80$K,  the consular told me in the interview my financial support documents are good enough but because my wife doesn't have domical to US I need joint sponsor in the US

 

My wife is not filing taxes because she didn't know that she has to file taxes while she is abroad now she is in the process to file it under the streamline procedures although her income abroad is below the tax eligibility criteria(below 100K) and she can claim the exemption.

All US Citizens living abroad must file taxes. Generally they don't have to pay, unless $100k, but they must file. Your wife needs to past file income taxes for USCIS. Secondly, while she has income, it only is counted if she will keep working at the same job when she moves, like for a work transfer. If this is not the case, she will need 3 times 125% poverty level in assets. If it's just the two of you, no kids, $80k will be sufficient.

 

Most importantly, she needs to establish domicile in the US. As she hasn't lived in the US for any of her adult life, this is very important. Lack of filing US income taxes, etc. doesn't show proof of US residency or intent to move back. She should past file and work on steps to establish US domicile. Realistically, she'll probably need to fly to the US to start paperwork, if not move back in advance.

 

See below for the definition: 

Domicile is a complex concept and must be evaluated on a case-by-case basis. To qualify as a financial sponsor, a petitioner residing abroad must have a principal residence in the United States and intend to maintain it indefinitely. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she left the United States for a limited and not indefinite period of time,
• He/she intended to maintain a domicile in the United States, and
• He/she has evidence of continued ties to the United States.

If not submitted to NVC along with the Affidavit of Support form, the petitioner will need to provide the visa applicant with evidence of his or her domicile. The visa applicant will need to bring that evidence to the visa interview for the consular officer to review.

 

[Boiler 43,757]

I would consult an Accountant, now where I come from usually tax rates are higher. Where you have somewhere with no or very little taxation may be different. Details may matter.

[Michael2017 368]

22 hours ago, aleful said:

  Reveal hidden contents

 

hi

 

you should have done more research before filing, she has 2 options, enough assets to cover you, or she come to the US first, gets a job and then re files for you 

 

or get a joint sponsor in the us which is not possible. her income at her company can only be used, if she was going to be transferred to the US by that company, in her same position and salary.  

The petition would stay at the embassy. No need to refile the whole petition, just to provide the documents once ready.

[Amadia 711]

Hi,

 

If your wife is a US citizen and working abroad.....was she not filing taxes? Domicile and proof of sponsorship must be made transparent in order to show some form of ties to the US.

[Madhar 1]

20 minutes ago, Michael2017 said:

The petition would stay at the embassy. No need to refile the whole petition, just to provide the documents once ready.

Thank you for your response, do you how long time they keep the case open at the embassy until i provide the required documents?

[Michael2017 368]

3 minutes ago, Madhar said:

Thank you for your response, do you how long time they keep the case open at the embassy until i provide the required documents?

They will keep it open until you are ready. If you tell them you work on all this they will not refuse it they will wait until you are ready. There are many similar threads on visa journey with similar issues and the Embassy always waited. Sometimes they even ask them to send weekly photos for up to 3 months to see if the petitioner is really living in the US. They do not reject they wait in such cases.

[Michael2017 368]

P.S. here a thread where the petitioner clearly states the timeline he got to re-establish domicile:

 

1 year:

 

My wife went for her interview today and was denied due to my lack of domicileness. The officer gave us one year to provide evidence of my intent to return back to America but he would not provide my wife any concrete steps that we must take to prove this.

Edited July 8, 2018 by Michael2017

[Madhar 1]

1 hour ago, Michael2017 said:

P.S. here a thread where the petitioner clearly states the timeline he got to re-establish domicile:

 

1 year:

 

My wife went for her interview today and was denied due to my lack of domicileness. The officer gave us one year to provide evidence of my intent to return back to America but he would not provide my wife any concrete steps that we must take to prove this.

Thank you Michael for your support and time