ChelseaOx

Just an update, after submitting the extra evidence regarding my US domicile, my husband's visa was issued and is now in our hands  If anyone is in a similar situation, I just posted our interview experience in the consulate/embassy reviews section. Already have plans to move back to the US with our dog in the beginning of January  Thanks for the support, everyone! We were surprised at how quick things have moved along for us, and hope everyone else waiting will hear good news soon!

Our Visa Journey

I-130 Application Submitted Electronically: January 15th, 2020
I-130 Application Approved:                        April 5th, 2020
Case Received by NVC:                             June 6th, 2020
Documentarily Qualified:                             September 20th, 2020
Email of Interview Notification:                    October 14th, 2020
Interview Date:                                            November 9th, 2020
Interview Result:                                          Refusal due to insufficient domicile evidence
Domicile Evidence Submitted:                    November 22nd, 2020
Visa Issued:                                                November 30th, 2020
Visa Received:                                            December 1st, 2020

On 11/24/2020 at 7:51 AM, cculbertson81 said:

@ChelseaOx, I'm sorry that you're stuck in this situation so close to the end of the process.   I think the steps you have taken so far are the kinds of evidence they are looking for. Other evidence you might try to provide would be:

• Transfer funds to your US bank accounts.
• Making financial investments in the US.
• Proof of seeking employment in the US. An accepted job offer is even better.
• Utility bills in your name. Cellular service is perfectly acceptable.
• Evidence of selling assets and property.
• Closing/consolidating your Japanese bank accounts and utilities.

Those one-way tickets are great evidence, as is your resignation letter. I think the emphasis is on direct evidence that you are planning to return to the US within a definite timeframe. You're not wrong to second-guess all of the evidence. Better to be over-prepared than under-prepared!

 

Best of luck with collecting the evidence you need. Hopefully we'll hear of your visa approval soon!

@cculbertson81Thank you for the response! I know this process is stressful for everyone  I am looking into purchasing cellular service in the US. I usually use pay as you go services like Straight Talk or Mint Mobile, would I just need show evidence that I purchased service and a sim card sent to my US address, or do you think only contracted cellular services like Verizon or Sprint would be applicable? I was also unsure about proof of seeking employment. Is this just as simple as providing screenshots or emails of submitting applications? I am going to close out my Japanese account tomorrow, thanks for the idea! 

We finally had our interview last week at the Tokyo Embassy. Our situation was a little unique as the husband (UK beneficiary) and I (US petitioner) have been living in Japan for the last 3 years non-military. This was a decision made partly because I've been continuing my language studies and wanted the experience of living in Japan together, and partly because we didn't want to be separated during the application process as we were newly married and new it would take at least a year. My dad is our joint sponsor and we honestly thought that if there was something they would pick apart it would be on the financial or public charge side of things. However, our visa was refused due to domicile issues. During the NVC stage I submitted proof of voting records, bank accounts maintained in the US, driving license which has been maintained,  last few years of tax returns, a letter from my dad stating that we would be living with him upon arrival in the US, my undergrad and graduate degree to back up being able find a good job in the US, and some insurance quotes (this was mostly in case lingering questions regarding public charge popped up). I submitted this proof as it was what was suggested throughout this forum and multiple other immigration sites, and we did not receive an RFE in regards to domicile. However, at the time of interview our officer stated that none of those documents are significant in proving domicile or domicile intent. o.O At the time of refusal they gave us a document that suggested I buy plane tickets, ship furniture, or provide a job offer to prove domicile. They told my husband that once we submit this evidence they would approve our visa within two weeks...but I'm a bit hesitant if that will really be the case.

They specifically state that the petitioner doesn't need to travel to the US before their beneficiary partner, but it really feels like that's not the case.  Our lease is up December 31st and to renew the contract is almost ¥400000, which seems insane to pay if we are just going to cancel it and pay cancellation fees once (if?) the visa is approved. My husband and I ended up purchasing plane tickets for the beginning on January because we want to travel together to the US, mostly for logistic reasons as we are going to have a lot of luggage and a dog. I'm scared we are going to be in a situation where they still won't approve the visa and I will have to return to the US alone, while my husband will be stranded in Japan. This process is so anxiety inducing.

This is what I have provided so far to try and overturn the refusal:

-plane tickets for my dog and I from Tokyo to Detroit (we didn't know if showing my husband's tickets would cause problems since he hasn't received his visa yet, so we only showed mine...obviously we will have to cancel his if the visa stays refused)

-a resignation letter from my job in Japan

-the email of me submitting my resignation letter

-change of voting address to my father's address 

-change of USPS address to my father's address 

What else could I provide?  I have taken the steps to end our lease, but the documents are all in Japanese meaning I would need to get them translated. I also wasn't sure if that would look bad since my husband still technically needs a place to live given his current refusal. They mentioned  providing proof that we are shipping stuff to the US...but to be honest we just planning on selling all of our furniture since shipping is expensive and there is nothing we own here that we can't buy in the US. Would purchasing insurance be considered intent of re-establishing domicile? Before Japan I lived on and off in the UK for 5 years during college, in which I was on my parent's health insurance, so trying to look at it all now is a bit confusing. I know the enrollment period for marketplace coverage is open now, but wasn't sure if I should hold out on enrolling in a marketplace plan since I would ideally be joining a plan through an employer once I find employment. Would purchasing a short-term plan be helpful, or work against me since it is only temporary? I feel like I am going crazy having to second guess every piece of evidence 😩