WaitingforOregon

My husband got a 221g at his interview to show my domicile. We are finally ready to send in our proof now. (I have moved to the states with our two kids)

The interview letter said to make sure the police check was within 1 year. That was at the time of the interview.

Now it's been over a year since the police check.

Although all the are asking for in the 221g is domicile proof. Should I get my husband to get a new police check?

Thanks for your thoughts.

A 221g is not a denial. It's like AP until you can show them what they want.

Don't think of it as denial, think of it as a waiting period to get things organized.

So I would go with your hubs, pick out a place to live, set up the bank accounts to shuttle money to you and the kids, get a US driver's license,

Do you think he could actually come with me for the moving process? We are afraid of him being refused at the border and we don't want to cause more problems.

Ours was just complete last week we are waiting for the date. Thanks for the advice, I pretty much go back and forth quite often so I guess I just need to focus on getting even more. I can show a job offer letter showing I have already started working in US and an airline ticket close to the interview date showing I flew back from the US to CA for the interview....I hope this, on top of what I already have will work because if not I have no other ideas. I have the proof because we have honestly taking the steps to move back, just like you guys. It blows my mind that they essentially want us to be seperated from our spouse and children long term as proof. Insanity!

How exactly are you supposed to prove to them? More evidence? And what is the time frame before they will give you the visa???

Well looks like you have more proof than we did, so hopefully that will gain your approval. How "exactly" we are supposed to prove it to them is the part that is challenging, because they do not give us exact steps, or even vague ones, really. I wish I knew, but at this point the only thing we can do to hopefully guarantee him being approved is for us to move down there. Which we are now making plans to do so. And as far as the timeframe, my guess is however quickly we can get them more proof, and from there how quickly they can process it....my guess is a few months....but really, really hoping that it will go quickly I really hope all goes well for you and that you aren't put in the same awful predicament!

Wow, we are in the exact same situation, like exact, exact and now I am terrified. I really thought we had enough and have almost the same evidence. I am panicking, not sure what else I can do before we get our interview date. Holy #######!!! I am so so so so so sorry you are going through this.

When is your interview? Do you have family in the states? I would move down there to be with them and get as much proof as you can, otherwise it's very likely you will get as far as we did and be denied. After going though this, I would not wish it upon anyone. I'm so sorry you are in a similar situation, the unknown is so hard to cope with sometimes....all the best to you.

So sorry to hear about your situation WaitingforOregon.

Thank you. We will see it through. Not how we planned, but we will.

What I find absurd is the rejection itself; the mere fact that a family is pursuing the legal route to move to the US should be proof enough of their intention.

Why else would a young family choose to go through the immigration process if they don't have the intention of moving there?

I honestly don't understand their rationale.

Completely agreed. I literally just stared at the interviewer and wanted to ask if she had children herself! I guess it's our unique family situation that puts us in this position, but still - they should read between the lines and see what they are doing to families. Ironic cause the first thing she said to me was "Our job is to reunite families"....and now we need to be apart so they can reunite us. ?!

I'm so sorry this is happening. It really sucks. You're right, it seems that the only thing you can do is move. Which worries me since we're in a similar situation. We have no kids, and I work, but there's no way I can support myself in Vancouver without us being a double income household (I'm the canadian beneficiary, he's the USC (dual citizen, actually) petitioner). How does the 221 work? Does your hubby have to make another trip to Montreal to defend? How do you go about proving domicile at this point?

I see you are from Portland, me too Well, the good news is, they told us at the interview that he does NOT need to go to another interview (thank goodness, that's a lot way from where we live!) - The bad news is that they did not, and could not give us our next steps to take. I kept asking the interviewer what else I can do, and she kept saying that she cannot advise us what to do. The 221 is basically a form that tells us we need to prove domicile, but gives absolutely no specifics as to how. I find this ridiculous. But anyway, at this point the plan is to move down with the kids, get established (switch back to my Oregon driver's licence, get a lease, etc) and provide Montreal with copies of those documents, basically saying "ok, I am living here now!!" and hopefully they will be able to approve my husband sooner than later. It breaks my heart to be away from him (especially with an 11 month old and 2 year old!!!) but we will do what we have to do.

I thought it was pretty much understood that with Canada the spouse had to basically move back first to prove domicile.

Especially for Canada, I feel that your evidence was a little light.

For us, and keeping in mind that Canada is harder, we did the following:

- Current US driver's license

- Current active library card and AAA membership

- Communication with school for daughter's enrollment

- An accepted will by the probate court and real estate evaluation showing that I was the sole inheritor of a house in America

- Proof of being on my mother's car insurance in America

The attempt is to show that you actively live in a place - car insurance or things that you'd only have if living there. Sending mail to an address or transferring funds is not really showing that. Think about having utilities in your name, actually moving in with your father for a few months, registering your car in America, etc.

I don't think you need to rent an apartment if you are planning on living with your father. Just grin and bare the couple of months to get the domicile in order. I can almost assure you that if you move in with your father (and have proof of living there like receipts, etc.) and you do some of the normal activities of life like car insurance, you'll have no problem in meeting the requirements.

Did you get a 221(g)?

I appreciate your response. I honestly thought we would be alright, especially considering that we are such a straightforward, clean case. We did get a 221g so looks like I will need to head down with the kids before him.

I hope that I can still stay with my father, but since I won't be working (staying home with the babies) we are thinking I might need a lease. Will switch my driver's licence and will have to look at what else we can do to prove to them my residence.

Great. Another thing to worry about. Is there a chance that you have start the process over again over issues of domicile? If that's the case, after all this, I'm moving back home before the interview!

No, we don't need to start the process over, we just have to provide more proof of domicile. The lady was clear to mention that we don't need another interview, either.

Had I had been more keen on this topic (which to be honest I thought we had everything we needed) then I would have known to move down before the interview. The last thing you want to experience is what we experienced....dreadful.

I have not been in this situation, I just want to extend my sympathy that this has happened to you!! How absolutely dreadful

Appreciate the kind words. It is awful, but we will see it through.

I'm really sorry for the hardship you're going through.

I guess they need to see the USC spouse physically moving back the States ahead of the rest of the family.

That's what my wife did. She was a permanent resident of Canada, and had to go back and get herself a job and resume her life in the US ahead of this process. It's definitely hard on families, especially when young children are involved.

Can you at least appeal their decision? or do you have to start all over?

We don't need to start over thankfully, we just have a certain amount of time to prove more domicile. Looks like I will be heading down there with the kids before him. I just hate to be a part from him, especially because we have 2 little children. We likely won't appeal. Just want this process to be over!

Well, we finally had our interview March 4th (Started this process in June of 2012!!!!) and my husband was denied due to lack of my domicile. I am the USC residing in Canada with him currently, but they did not believe the following to be sufficient evidence:

Registered voters card

Opened American Bank Account, have decent amount of money in it

Closed my investments in Canada, opened new ROTH IRA

Signed lease agreement from my father

U Haul Quote

Tons of bank statements/other mail going to my American address

A written letter of my intent to move back there with my husband and 2 children

A few other items I can't think of off the top of my head

They didn't even budge. All they said was our domicile was not enough, but they would not tell us what we need to do. Short of me taking my kids down there ahead of my husband, not sure what else I can do. I am a stay at home mom of 2 very small children, and we depend on his income. The plan was that as soon as my husband is approved we would move back to the states, he would find a job and I would continue to stay at home full time with my children until they are at least school age. But looks like we have to make plans now to move back and get a lease. I think that was the major thing holding us back. It's a case by case judgement, and apparently our interviewer didn't discern properly. I broke down in tears, very frustrated that her discretion was off. Very off. She was almost un-human....yes doing her job, but I feel like cases like this is where the discretion should come in...um, hello! Young family, both healthy, no criminal record, committed relationship - married 7 years and 2 kids....really?! Sigh...now off to figure out our next steps. This has been a very long and frustrating process.

PLEASE, if you have been in this situation, what did you do, and how long did it take for them to approve you?!?!?!

We got our I-130 approved earlier this month, our case has been officially transferred to NVC and we are waiting for our information from them.

Since I am residing in Canada with my hubby, we wanted to take a day trip to the states and get a few things settled (I need to open a bank account, etc to begin proving my domicile since I don't live there at the moment)

USCIS told me to call NVC, and NVC told me to call USCIS! My blood is boiling. I am assuming it's ok for him to travel there, but I don't want to take my chances if it's going to mess anything up with the VISA process.

Does anybody know this for sure?

My father also sponsored my aunt's whole family. If you look at that I-864 you'll see that he basically has to add them to his dependents. If he makes enough to support all his dependents, plus those he sponsored before, plus your husband, then you're fine.

Roosha, we did find that on the form, which brought some comfort, but I guess since we are already filing from abroad and have to prove domicile, we didn't want there to be more of a paperwork trail. I guess we were hoping to have evreything as clean cut as possible and just makes me nervous that we have to do these extra steps. Plus I didn't want them to see my dad and think that he is immigrating too many people or something, or be a red flag, you know?

My dad is best candidate financially to be our co-sponsor. The issue is, he and his wife are currently co-sponsoring 2 other immigrants (his wife's sisters). One who has been in America for a couple of years and working successfully on her own, and another who is in the waiting process for her visa. They have to be responsible for both for 40 working quarters - 10 years. They are all Filipino and my husband is Canadian.

Will this be a red flag if he sponsors us too?

Please only respond if you know this information, not just an opinion - thank you!

You and your father both need to fill out I-864 and submit them both with the AOS package at NVC. Have you read the guides related to NVC and paperwork submission there? You need to do that. Like, yesterday.

You shouldn't have any problems since you don't work as long as your father makes enough to support his dependents as well as your husband. Read the instructions for the I-864.

Thank you! I have started reading about it - am I the only one that find it a little overwhelming? I find I have to read it twice through to get everything.

Yay congrats!!

I know it's so hard to wait. Be reminded there are others waiting longer than you and they understand your pain too! Be positive and keep your head high - your approval will come when it is supposed to! Good luck

Oh yay!!!! Congrats to you!! That must be so exciting and so refreshing to be finished with this process!! God bless you on the rest of your journey

Am I correct that I need to fill out an I-864 and NOT an I-864A? I spoke with USCIS and the rep told me that because I am not living in the US, and not living with our co-sponsor that I need to fill out I-864 and so does the co-sponsor. NOT the I-864A. The guy I spoke with had an attitude so I want to get a second opinion from someone who has experienced this.

I currently reside abroad with my husband, have been in Canada for 5 years - I am a stay at home mom right now, expecting our next baby in March. I am not earning any money, I have no job lined up because I'm preparing for our baby. Is that going to hurt me since I can't show any financial support? Obviously the reason needed for a co-sponsor. Just wondering if it's ok that I don't have anything. No assets, either. We live debt free, but don't have a house, fancy car, anything that we could turn to cash.

The plan is for my husband to find work once he is approved and we move out there together. We will live with my dad until we get off our feet. My dad will likely be the co-sponsor.

I guess I thought the I-864 was only if the petitioner has died. I really want to make sure I'm doing this right. USCIS told me they can't give info on when to send this form, or whether or not my co-sponsor and I should send them together, etc....so what the heck am I supposed to do? He also said the NVC doesn't take phone calls - so I have to write them a letter to ask questions?

If anyone else has been through this situation please give some wisdom. Thanks

Does anyone know if the co-sponsor guidelines are different if the USC is currently residing abroad?

Sorry, I posted twice by accident, not sure how to delete this one.

Hang in there - we are June 4th and just got approved 2 days ago. 7 months and 1 week - yours *should* be right around the corner. It's so hard to wait, but that's all you can do. That's jsut the cards we were dealt with Vermont. Hopefully the remainder of the process goes very, very smoothly. Good luck, and I hope you hear really, really soon. I know how hard and painful it is to wait.

Wowww!! So long??? Congrats!!

I'm feeling EXTREMELY lucky looking at how long it takes sometimes!!

Thanks! Yes, you should feel very, very lucky! All the best on the rest of your journey

Our NO1 Feb 27 but note received NO2 yet; congratulation to u. Ur case is LPR or USC??

You need to call USCIS and see what is going on. They have been finally approving June filers - and they were behind then! If I were you I would have called months and months ago. Good luck.

I know you are, but DCF = Direct Consular Filing. Visa Journey hasn't updated this for some reason to account for the fact that DCF isn't available in most locations anymore. You won't show up under Igor's List found here unless you change it to blank.

Once you change it to blank, you should be able to see your approval on that list.

If it already is blank, then this might be a different bug causing your file not to show up on Igor's List.

I see, thank you! Changed it. Although I'm still figuring out this website (not very savvy when it comes to this type of thing - facebook took me forever to figure out, lol) so I'm not sure what Igor's list is, but I'm sure if I spent some time doing some navigating I would figure it out!