I have been issued Section 221g

[Shikin Turner 1]

Had my interview at the London embassy on 1st Sept for a CR1 visa, was very smooth getting in through security. Checked in with my passport and interview letter, went upstairs and was called straight to the first window where he asked for a passport photo, marriage certificate, birth certificate and police certificate had a friendly chat and I sat back down. Waited around 90 mins for the second window, had another friendly chat simple questions about where we met, when we start dating and our plan when we move to the US, where will we be moving to, if my husband have property in US or lease agreement.  I said he does not have a house in the US and no least agreement. At the end of the interview, he passed me the green colour paper saying my visa application is refused and asking to resubmit Form I864, latest IRS Tax Return and proof that he meets US domicile requirement.

I was confused and asked the officer again as I don't understand.  He said that all my husband's documents submitted are with UK address, none of it are in US address even his IRS transcripts.  Of course because of he lives he in the UK for over 10 years.  I am totally distraught because of my husband is so desperate to return to the US to be closer to his children and his brand-new grandchild.

The officer told me that they will send email in the next day or 2 with the instruction and they kept my passport, he told me will take 8 - 10 days.  6 days later (7th September today),  nothing received, no emails yet.  We both so anxious and completely shattered by the news, the wait is torturing.

 

[SalishSea 16,863]

19 minutes ago, Shikin Turner said:

Had my interview at the London embassy on 1st Sept for a CR1 visa, was very smooth getting in through security. Checked in with my passport and interview letter, went upstairs and was called straight to the first window where he asked for a passport photo, marriage certificate, birth certificate and police certificate had a friendly chat and I sat back down. Waited around 90 mins for the second window, had another friendly chat simple questions about where we met, when we start dating and our plan when we move to the US, where will we be moving to, if my husband have property in US or lease agreement.  I said he does not have a house in the US and no least agreement. At the end of the interview, he passed me the green colour paper saying my visa application is refused and asking to resubmit Form I864, latest IRS Tax Return and proof that he meets US domicile requirement.

I was confused and asked the officer again as I don't understand.  He said that all my husband's documents submitted are with UK address, none of it are in US address even his IRS transcripts.  Of course because of he lives he in the UK for over 10 years.  I am totally distraught because of my husband is so desperate to return to the US to be closer to his children and his brand-new grandchild.

The officer told me that they will send email in the next day or 2 with the instruction and they kept my passport, he told me will take 8 - 10 days.  6 days later (7th September today),  nothing received, no emails yet.  We both so anxious and completely shattered by the news, the wait is torturing.

 

Sounds like you did not do much research ahead of time?  Domicile is a requirement.  You may want to have him join VJ so that he can become educated on the requirements of domicile and sponsoring a spousal visa.

 

In any case, he can return to the US anytime.  He just needs to meet the requirements of sponsorship in order to bring you.  Sometimes, the USC has to return ahead of the intending immigrant, to establish domicile.

Edited September 7, 2022 by Jorgedig

[Mel.King 23]

28 minutes ago, Shikin Turner said:

 

  He said that all my husband's documents submitted are with UK address, none of it are in US address even his IRS transcripts.  Of course because of he lives he in the UK for over 10 years. 

 

This is the problem. Your husband has to either take steps to re-establish domicile (move back without you - I think for 3 months but I am not sure) OR he has to prove that he never gave up domicile and only lived in the UK temporarily and always had the intend to move back to the US. 

 

We had to same issue. We met in South Korea and got married there, traveled and worked abroad for 10 years before we started the immigration process to move to the US. During our 11 years abroad, my husband still filed his US taxes, kept his US bank accounts and sent money back into them every month. He kept his US credit cards and used them, and renewed his US drivers license when it almost expired. He also wrote a full affidavit and explained in it that he never had the intention to give up domicile and attached all these documents as evidence and submitted it to the NVC with our application. Not that it mattered for us anyways, because he still ended up moving to the US before me 😞

 

I'm really sorry this happened to you. I can imagine how shattered and devastated you must be - finally getting the interview and then being denied because of this. Can your husband prove he never gave up domicile? 

 

I hope you get the email soon that explains what you have to do to sort this out. 

[Shikin Turner 1]

1 hour ago, Jorgedig said:

Sounds like you did not do much research ahead of time?  Domicile is a requirement.  You may want to have him join VJ so that he can become educated on the requirements of domicile and sponsoring a spousal visa.

 

In any case, he can return to the US anytime.  He just needs to meet the requirements of sponsorship in order to bring you.  Sometimes, the USC has to return ahead of the intending immigrant, to establish domicile.

I know, we messed up.  We submitted all the documents they asked for.  My husband been filing his tax return every year for the past 12 years he is abroad and kept his bank account in the US and the investment, and his retirement fund in the US.  And paying his Health Insurance all these years.  However, the address on his tax return and social security, bank etc, all UK address.  

[Shikin Turner 1]

54 minutes ago, Mel.King said:

This is the problem. Your husband has to either take steps to re-establish domicile (move back without you - I think for 3 months but I am not sure) OR he has to prove that he never gave up domicile and only lived in the UK temporarily and always had the intend to move back to the US. 

 

We had to same issue. We met in South Korea and got married there, traveled and worked abroad for 10 years before we started the immigration process to move to the US. During our 11 years abroad, my husband still filed his US taxes, kept his US bank accounts and sent money back into them every month. He kept his US credit cards and used them, and renewed his US drivers license when it almost expired. He also wrote a full affidavit and explained in it that he never had the intention to give up domicile and attached all these documents as evidence and submitted it to the NVC with our application. Not that it mattered for us anyways, because he still ended up moving to the US before me 😞

 

I'm really sorry this happened to you. I can imagine how shattered and devastated you must be - finally getting the interview and then being denied because of this. Can your husband prove he never gave up domicile? 

 

I hope you get the email soon that explains what you have to do to sort this out. 

We submitted the petition last year in June, over a year now and we are still in limbo.  We used Rapid Visa for the application, they checked our documents to USCIS and to NVC, said all good to go.  We did received approval from NVC in mid July, said all accepted and approved.  Then this happen.

We are completely in a mess now.  And I have received job offer in LA, to start work in January.

[Rocio0010 5,572]

48 minutes ago, Shikin Turner said:

We submitted the petition last year in June, over a year now and we are still in limbo.  We used Rapid Visa for the application, they checked our documents to USCIS and to NVC, said all good to go.  We did received approval from NVC in mid July, said all accepted and approved.  Then this happen.

We are completely in a mess now.  And I have received job offer in LA, to start work in January.

Rapid Visa only checks the validity of the documents. It’s not a replacement for doing your own research about your case.

[mniceguy16 184]

2 hours ago, Shikin Turner said:

We submitted the petition last year in June, over a year now and we are still in limbo.  We used Rapid Visa for the application, they checked our documents to USCIS and to NVC, said all good to go.  We did received approval from NVC in mid July, said all accepted and approved.  Then this happen.

We are completely in a mess now.  And I have received job offer in LA, to start work in January.

All hope is not gone,getting an address right away in the USA, say a rental with a lease agreement with your husband’s name and maybe a payment receipt will be enough as proof of establishing domicile. Of course USCIS needs proof that the petitioner/sponsor will be in the States primarily.

[carmel34 3,536]

Best path forward is for your husband to return to the US, get a job there, establish a residence for a few months, then submit that evidence to the embassy.  You may need another medical and interview, and will have to live apart for a while, but that's completely normal in these situations.  Good luck!

[SteveInBostonI130 3,328]

A signed lease agreement should suffice, per the tone of the interview.

 

Have your husband travel to the US as soon as possible and get a lease.  You can do the apartment/rental search remotely and he can go to the places you narrowed down to speed up the search.

[Shikin Turner 1]

9 minutes ago, SteveInBostonI130 said:

A signed lease agreement should suffice, per the tone of the interview.

 

Have your husband travel to the US as soon as possible and get a lease.  You can do the apartment/rental search remotely and he can go to the places you narrowed down to speed up the search.

My husband is 78 years old.  It is just too much for him.  He wanted to return to the US to live closer to his children.  His daughter (my stepdaughter) lives in San Diego and she just had a baby in June this year.  My husband have to travel with me, he cant cope on his own, and with his heath issues etc. 

We have done a few things as below;

- Changed the address of his bank account to my stepdaughter's address. The new bank statement at the end of this month should have the address in the US.

- Same with his social security & IRS. We can print the Social Security benefit verification letter with address in the US once.

- We are getting a mobile phone contract for him

- Changed the address of his Insurance Policy to his daughter address in the US.  We requested statement from Cigna with the address in the US.

- I have registered him to vote.  And have received reply at Voter Registration confirming that the his voting material for general election will arrive by September 23rd.

- I will try to get lease contract for us with his name.  After all we need to move to the US latest by end December as I already have a job offer starting on 02 Jan 2023. 

 

We hope the above should be enough to proof that we are re-establishing his US domicile

 

 On top of the above, we will submit the documents as below to show actions taken to return to US permanently

- Copy of agreement with sales agent here in the UK to put our house on the market for sales

- Quotation from the Removal company to transport all our stuffs from UK to US

- Quotation from Pet Relocation company to bring our cat to the US

- Final UK tax return notifying he is moving abroad

 

We messed up once, cant afford to mess up another one time.

 

Thank you all for your advice and suggestions.

[Wuozopo 4,285]

3 hours ago, Shikin Turner said:

On top of the above, we will submit the documents as below to show actions taken to return to US permanently

- Copy of agreement with sales agent here in the UK to put our house on the market for sales

- Quotation from the Removal company to transport all our stuffs from UK to US

- Quotation from Pet Relocation company to bring our cat to the US

- Final UK tax return notifying he is moving abroad

London has always been real easy on domicile in the past. The four things I quoted you on should be enough to show intent. You can also have the daughter provide a statement saying you will be living at her address until you can find a new residence. Email correspondence with a real estate person or apartment locator showing you are looking at places to live has been enough for folks in the past. Your list is good and should not be a problem.

 

But I am not clear if you provided an I-864 and his 2021 tax transcript. Since you said the paper said to submit it again, I as wondering if anything was amiss on the first one?  Did he qualify on assets or US pension/social security income?

 

And this information is given on the FAQs found on the embassy’s website.

 

I've had my interview, I was asked to submit some missing documents, how do I do that?

If you have been asked to submit your passport or any additional documents, you should log on to your account via  https://ais.usvisa-info.com/en-gb/iv and print off a Courier-in Receipt.

 

Send photocopies and also included the green 221(g). Make yourself a copy of it first.

Edited September 7, 2022 by Wuozopo

[Shikin Turner 1]

20 minutes ago, Wuozopo said:

London has always been real easy on domicile in the past. The four things I quoted you on should be enough to show intent. You can also have the daughter provide a statement saying you will be living at her address until you can find a new residence. Email correspondence with a real estate person or apartment locator showing you are looking at places to live has been enough for folks in the past. Your list is good and should not be a problem.

 

But I am not clear if you provided an I-864 and his 2021 tax transcript. Since you said the paper said to submit it again, I as wondering if anything was amiss on the first one?  Did he qualify on assets or US pension/social security income?

 

And this information is given on the FAQs found on the embassy’s website.

 

I've had my interview, I was asked to submit some missing documents, how do I do that?

If you have been asked to submit your passport or any additional documents, you should log on to your account via  https://ais.usvisa-info.com/en-gb/iv and print off a Courier-in Receipt.

 

Send photocopies and also included the green 221(g). Make yourself a copy of it first.

Hiya,

Yes we submitted I-864 to NVC but he asked to resubmit I-864. I suppose we need to update the I-864 with US address and declaring domicile in US and add a declaration letter of my husband's intention to re-establish his US domicile.   The tax transcript for 2021 was not available yet when we submit the documents to NVC. I brought that with me to the interview but the consular was not interested to look at it. 

 

He qualifies on social security income.  

[JeanneAdil 6,244]

rapid visa should have advised u to do tax returns with a US address

 

just on SSA for retirement ,  most do  not do tax returns after age 65

or if we have less than $14,250 if single and $26, 450 if married in other taxable income 

 

he can not add u to his health care insurance as he has medicare so he will need to be able to purchase a plan for u

[Mel.King 23]

13 hours ago, carmel34 said:

and will have to live apart for a while, but that's completely normal in these situations.  Good luck!

So sad that it's completely normal! But it is! So many ppl separated from their families during this lengthy process. 

 

I feel like the NVC needs to do a better job at checking documents, just my opinion. Isn't that the whole point of the NVC? If this issue came up during the NVC processing time, it would've been sorted by now. Most people assume that the fact that they got DQ'ed means that all documents are there and in order, but many times that is actually not the case. To get this news at the interview is absolutely devastating, so close to the end only to be pushed back again. I really feel for you OP. 

 

 

 

 

Edited September 8, 2022 by Mel.King

[Cathi 5,621]

17 hours ago, Mel.King said:

 (move back without you - I think for 3 months but I am not sure)

There is no 3 month requirement.