Visa refused in Tokyo

[fiftytwo05g 2]

Hello,

 

Unfortunately my spouse's visa was refused based on lack of proof of domicile according to this letter. 

 

I submitted my proof of domicile via nvc showing my bank account, federal tax returns (but we used a joint sponsor), and my renewed driver's license.

 

They asked my spouse during the interview if I had any work lined up back in the states, but told them that I was still searching. 

 

They took her passport and it seems like they would be awaiting mail from us.

 

How would I respond and proceed with this? Would it be better to just take our kids back to the US and try to apply for school? Any other evidence I can provide them? 

 

 

[Boiler 47,026]

The children do not have to move but a US residence and job would no doubt help.

[TBoneTX 47,093]

Thread with replies is moved to the CR-1 Process forum, replacing an unanswered duplicate thread.  Please avoid double-posting; instead "report" threads for potential moving.

[Dashinka 25,549]

Yes, it seems pretty clear.  You need to show a plan for where you plan to live when moving to the U.S. and show evidence of that plan.

 

Good Luck!

[fiftytwo05g 2]

34 minutes ago, Dashinka said:

Yes, it seems pretty clear.  You need to show a plan for where you plan to live when moving to the U.S. and show evidence of that plan.

 

Good Luck!

My thoughts exactly, it looks like they want a more detailed plan on life there. We are considering adding more evidence such as school enrollment, health insurance, utility bills, and car registration, potential job offers but this looks like a work in progress. 

 

Seems like family separation for a few months might be in cards just to prove domicile. 

[Dashinka 25,549]

30 minutes ago, fiftytwo05g said:

My thoughts exactly, it looks like they want a more detailed plan on life there. We are considering adding more evidence such as school enrollment, health insurance, utility bills, and car registration, potential job offers but this looks like a work in progress. 

 

Seems like family separation for a few months might be in cards just to prove domicile. 

What have you provided as to an actual physical address for your move to the U.S.?  I would focus on a domicile lease or mortgage agreement even if it is a temporary stay with a relative (have them draw up a simple lease agreement).

 

Good Luck!

[fiftytwo05g 2]

26 minutes ago, Dashinka said:

What have you provided as to an actual physical address for your move to the U.S.?  I would focus on a domicile lease or mortgage agreement even if it is a temporary stay with a relative (have them draw up a simple lease agreement).

 

Good Luck!

Thank you for reaching out to help! I provided a bank account with a billing address and driver's license. I will be staying at a family home I grew up in till we get on our feet, but drawing up a lease or a tenant contract seems out of place for my family (or most families IMO). 

 

Wouldn't seem strange to the agent that I would draw out something in a short notice for the sake of paperwork? I've been browsing around here I noticed that school registration, utility bills, and insurance seem like strong evidence of my residence in the home.

 

We also can obtain a translated document from the Japanese government certifying that I am revoking my Visa and Japanese residence.

 

The interviewer was also asking if our co sponsor was living with us, but he's not, he is only a childhood friend.

 

 

Edited May 21 by fiftytwo05g

[Sukie 1,497]

Give them what they want!  Have your family write a letter, and get it notarized, stating that you will be living at a specific address until you have located a permanent place.  Please do not discount the fact that the officer must satisfy certain requirements in your application.

 

Doesn't necessarily have to be a lease agreement, but something with the following would be good:

 

Dear NVC,

 

Our <relative> is relocating from Japan to the US with his wife and children.  We are delighted to offer them housing at <address> until such time as they find permanent housing.  This is the home where <relative> spent his childhood.  They will be contributing to the residence through <paying utilities, paying rent>. 

 

Signed,

 

<Loving relatives>

 

Don't dicker with them.  Let the officer be able to check the box!!!  It's Japan!

 

Sukie in NY

[Crazy Cat 43,803]

5 hours ago, fiftytwo05g said:

We are considering adding more evidence such as school enrollment, health insurance, utility bills, and car registration, potential job offers

Those things, along with the advice @Sukie gave would probably be sufficient, imo.

[Edward and Jaycel 1,607]

11 hours ago, fiftytwo05g said:

They took her passport and it seems like they would be awaiting mail from us.

 

Some great advice from the other members here... I chimed in to say that if they kept her passport, I think that likely means that the consular officer thinks this is an issue that can be easily and quickly resolved. Please keep us posted of developments  

[pushbrk 13,456]

Icing on the cake would be a trip back to your home town alone, to pre-enroll your children for school next year.  Check with the school district first.  The children need not go with you for this.

[W199 429]

Maybe even also submit the job applications, not just the job offers.  This shows you are searching.

 

It sounds like the paperwork that everyone suggested will be enough.  But if you really wanted to bullet proof it, it may not be a bad idea to go back to USA, and prove you are living there and looking for a job. And to actually get a job.. You want to get your life off to a good start, so its better to already be in USA, established, with a job and income before your family moves back anyways.  It will be a win-win and a guaranteed visa..

 

[fiftytwo05g 2]

A little update, so I sought a little legal advice on our situation and according to him, the consular officer has the final say on my proof of domicile despite the NVC approving the documents. And my domicile has to be crystal clear before the interview.

 

All the advice given is great here and I will be gathering evidence to mail in. I made the conscious decision to move back to the states next week with the kids and leave the wife behind to await their decision.

 

I'm quite uncomfortable with the situation, but I'm positive that we will get through this once everything is finished and mailed out. 

 

I will keep everyone updated if everything pans out. 

 

 

[TBoneTX 47,093]

That's the spirit!  Keep us updated regardless.  Good luck.