AP_kills

I am sponsoring my daughter who is 16 years old to join me *I'm permanent green card holder.

During her interview they asked her to provide your father domicile proof. given shes only 16, So I try to spend more time with her and I can not live permanently in the U.S. yet until she joins me. However to fulfill embassy requirements I submitted bank account statements, Credit card statements, My son added my name on his rental lease, phone bills but that does not seem to be sufficient according to the embassy. I don't understand what else i can do to fulfill their requirements. Would a letter describing my current circumstances be sufficient. I did not work in the U.S. as I spent most of my time with my daughter however I did filled taxes but showed no income. I have a joint sponsor. 

Here's the embassy response:

The lease agreement does not indicate that he is permanently residing in the United States. Provide more evidence of petitioner’s permanent residence in the United States.  Please see the ‘Domicile instruction sheet’

 

What does domicile mean?

 

Generally, domicile means the place where you currently have a residence and intend to live for the foreseeable future. For a more comprehensive definition, please refer to the Immigration and Naturalization Act of 1952 Section 101 (a)(33).

 

Can a U.S. citizen or Legal Permanent Resident (LPR) petitioner who is not domiciled in the United States be a sponsor?

 

No. Under the law, sponsors must be domiciled in the United States.

 

If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

 

No. Under the law, a joint sponsor cannot be authorized when the petitioner does not have a domicile in the United States.

 

How is domicile determined?

 

Domicile is a complex issue and must be determined on a case by case basis.

 

Many U.S citizens and Legal Permanent Residents reside outside the United States on a temporary basis, usually for work or family reasons. Temporary is a relative term and may cover an extended period residing abroad. If the sponsor can establish to the interviewing consular officer’s satisfaction that the sponsor left the U.S. for a limited time and continues to have ties to the U.S. then the sponsor can be considered to be domiciled in the U.S.

 

To qualify as a sponsor, a petitioner who is temporarily residing abroad must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future. Legal Permanent Resident (LPR) sponsors also must demonstrate that they have maintained their status.

 

In addition, there are other circumstances where a sponsor could retain his or her domicile while living abroad, such as being employed by the U.S. Government, a U.S. research institution, a U.S. corporation, a public international organization recognized by a U.S. Treaty or Statute, or a religious organization -- and stationed abroad as a result of that employment.

 

Also, persons who are abroad temporarily to study or teach may still be considered to be domiciled in the United States if they can satisfy the interviewing consular officer that they did not give up their domicile in the United States and establish a domicile abroad.

 

How can the petitioner establish a domicile?

 

If the sponsor has not maintained a domicile in the U.S., the sponsor must establish their domicile in the U.S. before their family member can be issued an Immigrant Visa.

 

To do this, the sponsor must prove that they have taken the necessary steps to make the U.S. his or her immediate and principal place of residence. Such steps might include finding U.S. employment, locating a place to live, registering children in U.S. schools, voting in U.S. elections, having U.S. bank accounts, or filing U.S. taxes.

 

It is not necessary for the sponsor to go to the U.S. before the sponsored family members to re-establish residence and domicile provided that the sponsor has taken the type of concrete steps outlined above.

more evidence of petitioner’s permanent residence in the United States.  Please see the ‘Domicile instruction sheet’

 

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how long did the nvc process took. My case was sent to NVC fom USCIS about a month ago.

As long as your visa is not denied that is a good sign. Just hang in they will reach out via email/phone both. but this is an info from few years ago. My AP took about two years as well... Theres nothing you can do about it and I understand how difficult it is.

Good luuck.

ANY BODY HELP?

I am at the moment trying to prepare the documents to file for my parents (I-30). I looked up everywhere and come to the conclusion that they would require the following documents to file along with I30 application:

I 30 application form for father and mother.

My Birth Certificate copy - (I have one from the hospital, Should I make an Affidivate from the consulate here) I was not born in U.S.

My Naturlization Certificate or Passport copy.

Their Marriage certificate

535 Filling fee for each beneficiary  + g1145 form.

Do I need to submit their Passport and ID copies? Or that would be requested later, However I have an issue with Date of birth. When I Immigrated to U.S. I put my mom date of birth as 1958 which was at the time her birth date on the Passport but her recent passport date of birth is 1962 which indeed is the correct date of birth and we can not change that or get a new passport. Don't ask me why she had wrong date of birth on her passport at first place this is a very common issue in country like Afghanistan. SO my question is would this create any issue ??? Do let me know If i need to file any other evidence/documentation with the I-30. If you have a cover letter please share that as well. thanks.

Thanks everyone, Really appreciate your feedback.

Thanks Akihon. I am glad I have my marriage certificate translated already and I'll Only submit the USC birth certificate not mine. As I'll have to get a new one but if not required then I do not need to worry about it.

Anyone else knows about the SS? and If you can comment on rest of my questions. .

HELP

So I will be applying for citizenship this October 2016 (90 Days before my LPR anniversary which is on Jan 15). I was going through the application to see what are the requirements and came up with the following questions, Would appreciate your feedback.

The marriage certificate the one from my home country would that be acceptable or do we need to get a new marriage certificate?

Do I have to submit birth certificate for myself and my husband both or just the applicant?

the tax returns since I will only file my third year tax returns in 2017 so would this be an issue or they will require the tax papers during the interview?

How do you answer the following question for the remaining 2 years:

How many totals days did you spend outside united states during last five years? (do I count being in the U.S. for three years or deduct the 90 days?

How many trips of 24 hours or longer have you taken outside US during last five years? This is a hard one as I recently renewed my passport and I used to travel A LOT! but I will have to figure out!

I came to U.S. on 2014 and I did not registered with the Selective Service and never heard of it my date of birth is 1987 sep, Will this be an issue?

myra... do what the embassy asks you to do, trust me you don't want to ask them questions that will delay your case. they go through everything and then ask you to do what they want or what is missing in your case. hence don't waste time as suggested by khal&fai its christmas time and any delay in submitting the documents will further delay your case, just a suggestion...

did you had any luck yet with the visa/

just wondering do u have any idea how long the visas are valid for?

wow this sounds promising, Congrats for the vissas.... hopefuly after i submit my medicals i shall get a call for visa pick up lol thanks for keeping us posted.

To be on safe side send an email to the clinic and schedule appointment since they give you medical appointment minimum two weeks after you contact them. just to be on safe side reserve appointment.

Medicals are valid for 1 year... my medicals were expired last month October 2013.

wow that is so helpful, unfortunately my medicals were expired and am due to submit my medicals with my Passport.... hope they will still be issuing the visas lol... InshAllah...

help: i got email last week, lets keep each other posted since we are on the same boat

Hi Nargis i got same kind of email asking for PP... did you submit your passport n got visa yet

Hello i have recieved similiar email that its almost done (processing and have asked me for passport as well) how many days has it been that you have submitted the passport?

looks like we all kandahari's in here best of luck Laila... looks like the interview went well and he'll get visa soon!

I have no idea why you directed this message to me. For one thing I am not in A P and have know the other info for years myself so don't need you to explain.

According to what you said the O P has nothing to worry about. Just a few red flags to clear up and all will be fine. Then you say to let these politicians help. Ridiculous advise.

You admit you have been waiting two years yourself. That should indicate to the O P what you are willing to do under the circumstance.

Ning, looks like you took it to you heart chill life is short my friend... if my advise is ridiculous then yours don't make sense.

Nothing to worry about? Clear some red flags? This sort of makes it sound like all is really ok if the O P just sits back and waits a little while things just take a few weeks to get straightened out.

These cases can take from months to even years to be resolved during which time the people will certainly worry because they will get absolutely no info about the status of the case.

And your congressman has done what to resolve your case?

Ning... If the case is under AP there's nothing anyone can do to expedite the process i am waiting for the last 2 years, there's nothing you can do with AP other than sending enquiry through senator or contacting state department or the embassy itself and the answer you will get is the same from anywhere hence THERE IS NOTHING WE CAN DO ABOUT IT THIS IS HOW THE SYSTEM IS UNFORTUNATELY, if you get lucky you may get outta AP soon.

Had to change sponsor at last minute *during interview* and some issues with marriage certificate that made things complicated and possibly raised some red flags... there's nothing i can do about but just waiting since then.

It looks like the case is in AP and they have sent to US to clear some red flags or something nothing to worry about. if they were to deny they would have informed you that they are sending the case back to US because they are denying it.

Don't worry ask her to make a new passport and she will be fine! recently my friend had interview for SIV he wanted his passport to be renewed and asked CO during his interview they said its ok you can renew but keep them posted.