Visa refusal under 221(g) - Domicile evidence

[Sadi Shah 1]

Hi everyone, 

 

I am a US citizen petitioning for my husband's IR1 visa. He had his interview on March 22nd but was given a green 221(g) form because the officer wasn't convinced that we intend to domicile in the US. This was a bit confusing because the NVC already documentarily approved my domicile status. I am currently in the UK only temporarily on a student visa for my PhD but have continuous ties with the US (frequent visits back, banking, mailing address, etc).

 

So, we emailed the embassy through their online form and they basically said to submit evidence for my domicile status (even though I already had done so to the NVC). We used the DX courier service to send the requested documents and they confirmed that the embassy received them a month ago (end of March). I have been trying to ask them for updates since but they don't reply.

 

The status on the visa appointment service website still says "Send documents" and the status on the CEAC has been "refused" since March 25th. 

 

Was anyone here in a similar situation? 

[Boiler 43,849]

Consulate determines domicile not NVC.

[aaron2020 11,651]

The NVC collects documents and makes preliminary determinations on limited issues.  The NVC can not make a final determination of domicile.  

The US Embassy/Consulate always has the final say.  They make the final determination on domicile.  You have to convince the US Embassy/Consulate.  

[Wuozopo 4,290]

It’s unusual for London to even dwell on domicile so there may be more to the delay than that. Also most cases that are lacking some kind of documentation are reviewed within the week of receiving the documentation. Is there anything else in the area of security that could be a reason for delaying your spouse? Country of birth, relatives in  or frequent visits to know terrorist countries, certain scientific skills...

Edited April 27, 2021 by Wuozopo

[igoyougoduke 1,622]

19 minutes ago, Sadi Shah said:

Hi everyone, 

 

I am a US citizen petitioning for my husband's IR1 visa. He had his interview on March 22nd but was given a green 221(g) form because the officer wasn't convinced that we intend to domicile in the US. This was a bit confusing because the NVC already documentarily approved my domicile status. I am currently in the UK only temporarily on a student visa for my PhD but have continuous ties with the US (frequent visits back, banking, mailing address, etc).

 

So, we emailed the embassy through their online form and they basically said to submit evidence for my domicile status (even though I already had done so to the NVC). We used the DX courier service to send the requested documents and they confirmed that the embassy received them a month ago (end of March). I have been trying to ask them for updates since but they don't reply.

 

The status on the visa appointment service website still says "Send documents" and the status on the CEAC has been "refused" since March 25th. 

 

Was anyone here in a similar situation? 

if you are in UK doing PHD , you do not have US domicile 

[aaron2020 11,651]

1 minute ago, igoyougoduke said:

if you are in UK doing PHD , you do not have US domicile 

She can have a US domicile.  Anyone living abroad can maintain a US domicile.  The specifics of her situation matters.

I know plenty of people who have gone to graduate school in the US and abroad who have maintained their domicile.  

[Sadi Shah 1]

9 minutes ago, Wuozopo said:

It’s unusual for London to even dwell on domicile so there may be more to the delay than that. Also most cases that are lacking some kind of documentation are reviewed within the week of receiving the documentation. Is there anything else in the area of security that could be a reason for delaying your spouse? Country of birth, relatives in  or frequent visits to know terrorist countries, certain scientific skills...

Thanks for your reply. No nothing like that at all... He was born in the UK, has clean police records, no visits to any such countries.. 😕

[Sadi Shah 1]

5 minutes ago, aaron2020 said:

She can have a US domicile.  Anyone living abroad can maintain a US domicile.  The specifics of her situation matters.

I know plenty of people who have gone to graduate school in the US and abroad who have maintained their domicile.  

Yes, this is why I went ahead and applied for my husband.. We have no intention of being here in the UK permanently. 

[Ontarkie 13,979]

When does your schooling end? Are expected to stay there after your husband's entry? This could be what they are thinking. If you're done school soon. I would show them when your school end date or something like that. 

[aaron2020 11,651]

Are you using your parents' home as your US domicile?  Or it it a place you own or lease?

As Ontarkie pointed out, you may need to show when your Ph.D. program will end.  You also may need to show ownership or a lease on a US home.  

[Wuozopo 4,290]

Have we covered what specific documents you submitted to show you have maintained US domicile?

 

I still think it is strange that domicile is the only issue. I have read hundreds of London interview discussions over a decade and can’t recall any that got hung up on domicile. Many say they never even asked. They have been okay with intent to domicile by providing email correspondence with an apartment locator, real estate agent,  or a potential school (if kids). 

Edited April 27, 2021 by Wuozopo

[Sadi Shah 1]

I sent them my latest US tax return forms, my latest US bank statements, my US bank account activity, my recently renewed driver's license from my home state (all of which list my US home address) and my temporary student visa in the UK. I think I've provided enough evidence? Again, we had emailed the embassy after the interview and they said they need to see my domicile status evidence and will let us know if they require more info on that. So I don't think there is any other issue..

 

In any case, is there anything I can do at this point besides waiting? Maybe I should give it another month? They don't reply to emails about application updates it seems. 

Edited April 28, 2021 by Sadi Shah

[Hilde 381]

5 hours ago, Sadi Shah said:

I sent them my latest US tax return forms, my latest US bank statements, my US bank account activity, my recently renewed driver's license from my home state (all of which list my US home address) and my temporary student visa in the UK. I think I've provided enough evidence? Again, we had emailed the embassy after the interview and they said they need to see my domicile status evidence and will let us know if they require more info on that. So I don't think there is any other issue..

 

In any case, is there anything I can do at this point besides waiting? Maybe I should give it another month? They don't reply to emails about application updates it seems. 

Did you provide any evidence as to where you will live once in the US?

[Nitas_man 3,100]

On 4/27/2021 at 1:09 PM, Sadi Shah said:

Hi everyone, 

 

I am a US citizen petitioning for my husband's IR1 visa. He had his interview on March 22nd but was given a green 221(g) form because the officer wasn't convinced that we intend to domicile in the US. This was a bit confusing because the NVC already documentarily approved my domicile status. I am currently in the UK only temporarily on a student visa for my PhD but have continuous ties with the US (frequent visits back, banking, mailing address, etc).

 

So, we emailed the embassy through their online form and they basically said to submit evidence for my domicile status (even though I already had done so to the NVC). We used the DX courier service to send the requested documents and they confirmed that the embassy received them a month ago (end of March). I have been trying to ask them for updates since but they don't reply.

 

The status on the visa appointment service website still says "Send documents" and the status on the CEAC has been "refused" since March 25th. 

 

Was anyone here in a similar situation? 

Not from the UK but twice from KSA.  We didn’t have any problem and I was working there, kids in school, the works.

 

When will you complete your degree?

Edited April 29, 2021 by Nitas_man

[MikeMinusWife 42]

What dates of entry do you have in your passport - if it shows residency in the UK exceeding one year they could reasonably assume that you will remain in the UK while your husband could reside in the US without you.

 

Also, if you are going to remain in the UK for the duration of your PhD course why would you want your husband to have a permanent resident visa for the US that has to be used within the next 6 months?

 

These are red flags for potential immigration fraud.  I would suggest providing them with evidence that your UK PhD course is about to complete and your return to the US is imminent - if it isn’t you are likely facing an uphill struggle.

 

Just my $0.02.