Can CO refuse to consider evidence brought to interview?

[darth vader 133]

I plan to provide proof of intent to reestablish domicile at NVC. We plan to have my spouse move 2-3 months ahead of the interview and sign an apartment lease, get a drivers license etc.

 

As such, I would have to carry proof of my spouse's domicile in the U.S. at the time of the interview. I am being told that the CO is under no obligation to consider any evidence brought to the interview and can make up his mind before the interview. Is this true?

[darth vader 133]

Inviting @Nitas_man for advice.

[Just Paul 4,595]

You correct in that the CO is under no obligation to accept, or review, anything brought to the interview.   But use your common sense, if you aren't able to submit something to the NVC or it needs to be updated, you still take it to the interview and give it if requested.

 

We had similar circumstance at our interview and was asked to come back the same day with additional requested information.

[Boiler 45,670]

yes

[darth vader 133]

14 minutes ago, Boiler said:

yes

Don't you think that is contradictory to have declared intent to reestablish domicile and not given a change to prove domicile at the interview. Basically can a officer really just review the proof/affidavit sent for intent to reestablish domicile sent during NVC stage and decide that it is insufficient and refuse a visa, and not asking for further evidence at interview? This just seems ridiculous and makes me nervous to pursue this route.

[Crazy Cat 41,981]

I don't think the CO would ignore evidence which is required to be brought to an interview such as proof of domicile or intent to establish domicile.  However, the CO has full discretion regarding ANY evidence or documentation presented during an interview.  This is what my wife's instructions said.

 

Edited April 27, 2021 by Lucky Cat

[darth vader 133]

1 hour ago, Lucky Cat said:

I don't think the CO would ignore evidence which is required to be brought to an interview such as proof of domicile or intent to establish domicile.  However, the CO has full discretion regarding ANY evidence or documentation presented during an interview.  This is what my wife's instructions said.

 

I am concerned about two things - domcile and affidavit of support. I think I have both covered. However, I dont want the CO to deny my visa right away and send the petition back to USCIS. Worst case scenario, if they are not satisfied in wither of these areas, my understanding is that they will issue a 221g rather than deny the visa right away. Am I correct?

[aaron2020 11,651]

You are driving yourself nuts.

 

The CO are not unreasonable people.  If your USC spouse has a rental lease, looked into employment, etc., then you have done all you can.  Relax.  Don't psych yourself out.  

[darth vader 133]

5 minutes ago, aaron2020 said:

You are driving yourself nuts.

 

The CO are not unreasonable people.  If your USC spouse has a rental lease, looked into employment, etc., then you have done all you can.  Relax.  Don't psych yourself out.  

I am worried so much because I  had an IR1 visa last time which I didn't use as our plans changed. I am scared that prior unused visa will mean they will be giving me a hard time this time around.

 

Last time, my wife did move back to U.S. before NVC stage and was domiciled in the U.S. However, after visa issuance our plans changed, and she returned back to Canada. This time we plan for her to keep doing her full-time remote U.S. job (already left her full-time Canadian job), and move 2-3 months ahead of the interview and sign an apartment lease.

 

The domicile thing we totally control and can make sure she moves 2-3 months ahead of the interview. In rare case she doesn't have a job at the time of interview, we have $350k USD in bank account(s), and we can arrange for a co-sponsor although they are retired but have enough retirement income ($60k for two people household, so they meet requirement to sponsor one immigrant).

 

Given prior history and above facts, I am wondering if we have any chance of outright denial - domicile or affidavit of support wise? or a chance or 221g?

[aaron2020 11,651]

Not using a prior IR1 is not a problem. 

Your plan seems fine.  Stop psyching yourself out.  

[payxibka 10,045]

41 minutes ago, darth vader said:

I am worried so much because I  had an IR1 visa last time which I didn't use as our plans changed. I am scared that prior unused visa will mean they will be giving me a hard time this time around.

Why would a previous visa be grounds for a hard time?  You are way over thinking.  Have you ever read where someone similarly situated was given a hard time?  Best not to make stuff up.

Edited April 28, 2021 by payxibka

[Dashinka 24,598]

Just as a point of reference, make sure you bring the evidence of intent to re-establish domicile to the interview.  The CO may or may not look at it, but in the case below, the person got an RFE since they expected only uploading it at the NVC stage was enough.

 

 

[SteveInBostonI130 3,468]

Problems arise when someone violates the terms of their visa. 

 

Not using a visa is not a problem.  Life happens, things change.  People get divorced, they move somewhere else, could not make arrangements to move before their visa expires, etc.  The reason doesn't matter that much. What matters is that a visa was not used misused (like travelling alone to the US when the spouse is not in the US).   In your case, the visa wasn't used as all, which is fine.

 

 

[extremerecluse 32]

The CO does this day after day. They can do it in their sleep. They know the minute you step up to the window what they are facing. It is the first 30 seconds of that interview that the decision to approve or deny is made. They can ask for anything they want, to include anything you didn't  bring. So don't worry. The truth is on your side.

[darth vader 133]

@Paul & Mary, @Boiler, @Lucky Cat, @aaron2020, @payxibka, @Dashinka, @SteveInBostonI130, @extremerecluse - Please weigh in on the below:

1. Has there ALWAYS been an option to upload further documents to NVC after DQ? I think right now it is an option, and I believe it would be immensely helpful for us to upload new lease and utility bills etc. like a month before the interview, basically updating CO that my wife has now established domicile. However, I am curious if:

    1.1. This ability to upload docs after DQ can be taken for granted?
    1.2. Can they remove this feature or has it been always there?
    1.3. Are CO legally/procedurally (as per FAM) required to consider any docs uploaded to CEAC after DQ?

 

2. Once a U.S. citizen has moved back to U.S. and established domicile, how much time can they spend in Canada without having any issues/questions asked about U.S. domicile?

    2.1. For e.g. can my wife spend half of the time here in Canada? 1/4 of the time here in Canada? What is the advised time one can     spend here in Canada without raising questions about actual domicile in the U.S.?

    2.2. More importantly have you ever seen any case where a petitioner's U.S. domicile was questioned because they spent too much time visiting their spouse here in Canada? If so, what was the outcome?

Thanks!

Edited April 28, 2021 by darth vader