NVC documents rejection logic

[aerodnight 76]

When NVC rejects the AOS package, e.g. because of not enough strongly proven domicile, is it based on the particular consulate guidelines? I know that Montreal is very strict about domicile, when some other consulate might be the opposite. Would the same set of documents be simultanously rejected and approved, based on the consulate it will be sent to? I'm trying to understand the logic behind RFEs

I once heard that NVC shouldn't issue RFE based on the fact that in their eyes something like domicile or current income is not sufficiently documented and leave the final decision to the consular officer but I could be wrong.

[Redro 4,611]

8 minutes ago, aerodnight said:

When NVC rejects the AOS package, e.g. because of not enough strongly proven domicile, is it based on the particular consulate guidelines? I know that Montreal is very strict about domicile, when some other consulate might be the opposite. Would the same set of documents be simultanously rejected and approved, based on the consulate it will be sent to? I'm trying to understand the logic behind RFEs

I once heard that NVC shouldn't issue RFE based on the fact that in their eyes something like domicile or current income is not sufficiently documented and leave the final decision to the consular officer but I could be wrong.

I suggest you read the NVC monthly threads/NVC forum to understand when and why people receive RFEs. 

If you keep up to date with these threads you'll have a better understanding about NVC's logic. 

ETA: IT is not based on the consulate guidelines. Our intent to re-establish domicile were great for NVC but CO wanted more proof at interview (and we were aware they would request more information and we had it ready). 

Also read this thread:

 

Edited August 30, 2022 by ROK2USA

[Crazy Cat 41,979]

25 minutes ago, aerodnight said:

When NVC rejects the AOS package, e.g. because of not enough strongly proven domicile, is it based on the particular consulate guidelines? I know that Montreal is very strict about domicile, when some other consulate might be the opposite. Would the same set of documents be simultanously rejected and approved, based on the consulate it will be sent to? I'm trying to understand the logic behind RFEs

I once heard that NVC shouldn't issue RFE based on the fact that in their eyes something like domicile or current income is not sufficiently documented and leave the final decision to the consular officer but I could be wrong.

The Consulate Officer for the case has complete discretion to decide what is good enough.  

[Unlockable 7,315]

*** Topic moved to NVC section of the forum.

 

VJ Moderation 

[aerodnight 76]

2 minutes ago, Crazy Cat said:

The Consulate Officer for the case has complete discretion to decide what is good enough.  

It means that no one should have problems with the sttength of supporting documents at NVC processing, since it's only CO'S decision that matters?

[Crazy Cat 41,979]

Just now, aerodnight said:

It means that no one should have problems with the sttength of supporting documents at NVC processing, since it's only CO'S decision that matters?

The Consulate Officer has sole approval power for visas. 

[Redro 4,611]

3 minutes ago, aerodnight said:

It means that no one should have problems with the sttength of supporting documents at NVC processing, since it's only CO'S decision that matters?

Some people have received RFE's for domicile at NVC level. 

I cannot remember the specifics but it can and does happen. 

I'm not sure you will have a problem as someone who has just moved back to the US when you submit your documents. 

But, I know for certain you'll be told your income is insufficient and the CO will decide your case (this will be because your 2021 taxes-filed from abroad- will show an income of $0)

[aerodnight 76]

12 minutes ago, ROK2USA said:

But, I know for certain you'll be told your income is insufficient and the CO will decide your case (this will be because your 2021 taxes-filed from abroad- will show an income of $0)

Still, this shouldn't block me from being DQ'ed, since it's a very common case I believe? I think I've seen a case where someone got pass NVC even though, he's had $0 in US based income on the previous tax return

[Crazy Cat 41,979]

1 minute ago, aerodnight said:

I think I've seen a case where someone got pass NVC even though, he's had $0 in US based income on the previous tax return

Previous tax returns are not relevant unless a person is self-employed.  Even so, a person with no income can qualify as a sponsor with a qualified joint sponsor.  That is irrelevant to domicile. 

[SteveInBostonI130 3,467]

1 hour ago, aerodnight said:

It means that no one should have problems with the sttength of supporting documents at NVC processing, since it's only CO'S decision that matters?

Not entirely correct.  NVC has the power to pre-approve or deny.  For example, if your income is $10k then you do not meet the minimum threshold and therefore NVC will not documentarily qualify you until you update your income or get a joint sponsor. 

 

What @Crazy Cat referred to is that even if NVC approves the AOS, the consulate CO can reject it.

[aerodnight 76]

7 hours ago, SteveInBostonI130 said:

Not entirely correct.  NVC has the power to pre-approve or deny.  For example, if your income is $10k then you do not meet the minimum threshold and therefore NVC will not documentarily qualify you until you update your income or get a joint sponsor. 

 

What @Crazy Cat referred to is that even if NVC approves the AOS, the consulate CO can reject it.

That was perfectly clear for me since the beginning, if the minimum income for a household of 2 is around $23k and you state and document $10k, then it's pretty easy to say you should be rejected based on that, but with domicile it's not so obvious as for one reviewer a set of evidences might qualify the case to be sent further, when for other it will not be enough and he will issue RFE.

From the other topic I created recently I already know, that when being in the US after the relocation for 2 or 3 three weeks, it's not a problem to put the US as a country of domicile and theoretically I wouldn't even have to attach any evidences supporting that, but I'm probably gonna end up doing so, since on the last year tax return I'll have a foreign address and on the I-864 it will be the US one, and I don't want to confuse anyone at NVC  

[Redro 4,611]

4 hours ago, aerodnight said:

That was perfectly clear for me since the beginning, if the minimum income for a household of 2 is around $23k and you state and document $10k, then it's pretty easy to say you should be rejected based on that, but with domicile it's not so obvious as for one reviewer a set of evidences might qualify the case to be sent further, when for other it will not be enough and he will issue RFE.

From the other topic I created recently I already know, that when being in the US after the relocation for 2 or 3 three weeks, it's not a problem to put the US as a country of domicile and theoretically I wouldn't even have to attach any evidences supporting that, but I'm probably gonna end up doing so, since on the last year tax return I'll have a foreign address and on the I-864 it will be the US one, and I don't want to confuse anyone at NVC  

This is why I suggested in your other thread you write a letter.... it might seem like overkill to some but NVC might be confused by the tax return with a foreign address (and insufficient income on tax transcript) BUT THEN  the I-864 with a US address... (and  US based income).