NVC - am I approved? (proof of domicile/good faith intention to re-establish domicile)

[andersan 4]

Hello, today I received a notice from the NVC that our case was updated. 

 

Quote

 

The National Visa Center (NVC) updated the status of your immigrant visa application. Please go to the Department of State's Consular Electronic Application Center (CEAC) at https://ceac.state.gov/IV. You will need your NVC case number and invoice ID number to log into your account.

Once you have logged into CEAC, please look in your message box or on the Status Chart at the bottom of the page. If NVC has feedback on any items you submitted, there will be a new message with details. If not, please simply follow the updated instructions on your Status Chart to complete your case. If any column says "Pay Now", "Invalid Doc", "Incomplete", or "Re-Opened", that means you must take action by paying a fee, submitting a form, or uploading a corrected/missing document.

 

 

After logging in, I can see that all documents are accepted.

 

For context, ~3 weeks ago we received a message that:

1. The birth certificate was incomplete (we didn't upload the back side)

2. We needed to submit proof of domicile

 

In response to 1, we uploaded a new copy of the certificate, and it was accepted as of today.

For 2, we consulted with a lawyer and included a letter and some supporting documents where I (petitioner, USC) claim in good faith that I will establish my domicile in the US prior to or concurrently with my spouse. We live together in Colombia. I have sufficient US-based income for the affidavit of support, and paystubs and W2s from the past 3 years to substantiate that. We included some other evidence of maintaining ties to the US, like voting in the 2020 and 2022 elections and having all my savings in the US.

 

Today, there is a message with nearly identical copy to the message about domicile that we got 3 weeks ago:

 

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Proof of Domicile - [PETITIONER] might not have a principal residence or be domiciled in the United States. Please submit proof of domicile. For more information on domicile requirements, visit https://nvc.state.gov/fin.

 

Is there anything to be done here? The document we uploaded about good faith intention to establish domicile is marked as "accepted". I cannot provide proof of domicile in the US because I do not currently live in the US.

 

In our I-864 and I-130, we put our permanent address down correctly in Colombia where we live together, but put our mailing address as a relative's address in the US so that the green card and any immigration notices can be mailed to an address that won't change.

 

If anyone can help, that'd be so so much appreciated! I read through a few other threads, including some of a 66-page megathread, a few weeks ago, but I am just wondering if others might know what will happen next. (maybe today or tomorrow we'll get approved? no idea.)

[Boiler 43,516]

I prefer using you US address but that has gone by.

 

It is up to the Consulate to determine if what you have done is enough.

[Redro 4,601]

1. So I understand this correctly? You have a job based out of the US but can work in Colombia? What is compelling you to return to the US other than your partner receiving an immigrant visa? All of the proof you submitted are items that are sustainable while living abroad. 
2. Did you receive a note stating you were “documentarily qualified”? 

Edited August 9, 2023 by Redro
Realized proof of domicile evidence was in OP

[andersan 4]

Thanks to both of you for the responses!

 

The note did not say we are documentarily qualified, only approved every document we have sent and had the above note about proof of domicile.

 

I understand that proof of domicile is actually not a requirement if I explain my intent to establish domicile in the US along with my spouse. Our lawyer assured us that they are primarily concerned about the financial aspect. In fact, it is not possible to prove that I will be living in the US next year, because it hasn't happened yet. 

 

Some items that are included as evidence for the intent to move to the US:

- active health insurance in the US for both of us

- paying taxes

- having income in the US

- a letter from a friend that we're welcome to stay with them in NYC until we rent our own apartment

 

Since we plan to move to a HCOL area, it doesn't make sense to start renting a place with an indefinite date to move.

 

See this thread for dozens of others in a similar situation: 

 

Quote

I prefer using you US address but that has gone by.

 

If I said I resided at my US permanent address, then I could not claim that I live with my wife, because she does not live in the US. Also, I have spent only 1-2 months in the US each year since 2019, so it would be lying to say that I live there.

[JeanneAdil 6,204]

Department of  State says it is

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html

 

Is Residence in the U.S. Required for the U.S. Sponsor?

 

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future. Living in the United States is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.

[andersan 4]

When you get into the weeds on the policies, it's more complicated.

 

https://fam.state.gov/fam/09FAM/09FAM060114.html

 

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(a)  A petitioner living abroad not meeting the criteria in paragraph a(2) above who wishes to qualify as a sponsor must satisfy you:

(i)     That they have taken steps to establish a domicile in the United States;

(ii)    That they have either already taken up physical residence in the United States or will do so concurrently with the applicant;

(iii)    The sponsor does not have to precede the applicant to the United States but, if they do not do so, they must at least arrive in the United States concurrently with the applicant;

(iv)   The sponsor must establish an address (a house, an apartment, or arrangements for accommodations with family or friend) and either must have already taken up physical residence in the United States; or

(v)  Must at a minimum to satisfy you that they intend to take up residence there no later than the time of the applicant’s immigration to the United States.

(b)  There is no time frame for the resident to establish residence, but you must be satisfied that the sponsor has, in fact, taken up principal residence in the United States.  Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:

(i)     Opening a bank account;

(ii)    Transferring funds to the United States;

(iii)    Making investments in the United States;

(iv)   Seeking employment in the United States;

(v)    Registering children in U.S. schools;

(vi)   Applying for a Social Security number; and

(vii)   Voting in local, State, or Federal elections.

(c)  If a petitioner cannot satisfy the domicile requirement, the petitioner fails to qualify as a “sponsor” for the purposes of submitting Form I-864.  A joint sponsor cannot be accepted and the applicant must be refused pursuant to INA 212(a)(4).  Without a properly executed I-864, signed by a sponsor (the petitioner) who is “domiciled” in the United States, in visa cases which require an I-864, then an IV cannot be approved.

 

 

Seems fairly subjective as to what satisfies this criteria, but of the examples listed, I have satisfied all except for registering children, as I don't have any children.

[Redro 4,601]

35 minutes ago, andersan said:

Thanks to both of you for the responses!

 

The note did not say we are documentarily qualified, only approved every document we have sent and had the above note about proof of domicile.

 

I understand that proof of domicile is actually not a requirement if I explain my intent to establish domicile in the US along with my spouse. Our lawyer assured us that they are primarily concerned about the financial aspect. In fact, it is not possible to prove that I will be living in the US next year, because it hasn't happened yet. -

 

Some items that are included as evidence for the intent to move to the US:

- active health insurance in the US for both of us

- paying taxes

- having income in the US

- a letter from a friend that we're welcome to stay with them in NYC until we rent our own apartment - 

 

Since we plan to move to a HCOL area, it doesn't make sense to start renting a place with an indefinite date to move.

 

See this thread for dozens of others in a similar situation: 

 

 

If I said I resided at my US permanent address, then I could not claim that I live with my wife, because she does not live in the US. Also, I have spent only 1-2 months in the US each year since 2019, so it would be lying to say that I live there.

You've clearly done your research BUT 

1. The fact you've received a review note stating they don't quite know your primary residence is in fact in the US. In other words, they aren't sure you will move back to the US and they don't quite believe the "good faith" letter. 

2008 was a loooooong time ago. And you were not DQ'ed so the evidence you submitted is not good enough. 

You should have read more up to date reviews of intent to re-establish domicile reviews and not only the one based out of Canada.But, I'm not sure if you read the entire thread because you would have seen the  for a good amount of time the US petitioner was expected to move to the US several months before the beneficiary interviewed. 

 

For more up to date reviews 

You can read mine (08/2022)

One from UK (from May 2023)

IMO- you won't be getting the DQ message until you submit more concrete plans to move to the US.

Currently, while you have maintained ties to the US you can clearly live outside the US for the majority of the year and NVC cannot trust that you are really moving back to the US with (or without) your wife. 

 

ETA: If you do eventually get DQ'ed without having to submit anything else I would prepare something extra for your wife to bring to her interview showing some plans you've made to return to the US. Not just the ties you maintained. 

Edited August 9, 2023 by Redro

[andersan 4]

Hey Redro, thanks so much for the detailed response. 

 

Maybe the NVC's policies on US-based income have changed since 2020, as remote work became more common.

 

Getting a lease in an expensive city without knowledge of when we can move there seems foolish financially, and we were told it is not necessary by an immigration lawyer. We could just set a date (say, December 1) and book the cheapest possible accommodation for a month if it really is necessary.

 

We were actually hoping to move in September, but we don't have a great way to prove that. My wife helps run a family business, so it didn't seem like great evidence if her family produces a letter saying her sister will be moving back home in September to cover her at work.

 

These things could be added to our evidence, but none of them really feels like "proof":

- my current employer expects me to move to the US and it was a condition of my employment (but hasn't ever been defined in writing)

- my spouse has a replacement (her sister) starting at work starting in September

- we could get an airbnb and pick an arbitrary date to move, and just eat the cost if the embassy+NVC doesn't respond fast enough

 

We'll probably speak with another lawyer who is aware of how the Bogotá embassy typically approaches this, since after the NVC we really want to get everything through ASAP.

[Redro 4,601]

Cool! Make sure you consult with a lawyer who has recent experience and has successfully dealt with cases similar to yours:

1. job based out of US

2. Only in US 1-2 months a year for several years 

3. no residence in the US 

seems like previous lawyer was only focused on the joint sponsor vs no joint sponsor issue… 

 

[Amunah 61]

So this wasn’t a direct consular filing? Because it has perfect scenario for that.
 

[andersan 4]

No, at the time we applied (last July) we were counselled that we were not eligible for DCF. I think after I started a new job in January we would have been eligible, but since we had already filed the I-130, we continued with that process. The earliest we would have been able to move is in September, so the timing wasn't really ideal for DCF anyway.

[andersan 4]

Hey everyone, update in case this ever comes up for someone on a search:

 

We submitted the proof of domicile as a document of type "other" under the civil documents in the first submission. Because the Affadavit docs section said "Accepted" on the main page of the CEAC platform, we thought that it meant that we had submitted all relevant documentation for that section. We needed to re-submit the birth certificate to clarify that the back side was blank, so the civil documents were not "accepted" at that time.

 

After re-submitting under the Affadavit of Support docs marked "Proof of Domicile", this was accepted and we've been DQed, about 2 weeks later.

 

The document submitted included the same evidence I mentioned above, plus a couple email threads:

- from my job search last year, where I explained to a potential employer where I would be residing

- an exchange with my US representative asking to expedite this request in April, so I can move quickly and avoid issues with my job

 

It's been about 13 months since submitting the I-130 for reference.

[Adis91 0]

Any updates on your case?

[Ban Hammer 12,845]

1 hour ago, Adis91 said:

Any updates on your case?

as the op last logged in November 19, 2023 it is unlikely you will get an answer any time soon.
this thread is now locked as it has not had any update posts in over half a year.