VISA APPROVED TODAY!!!! Whew. Because it ALMOST didn't happen!

[bogartnoir 0]

great job!

no better way to say "bite me" to the bureaucracy than too much evidence!

question- does proof of domicile come into play for k-1s? wanting to get uber prepared!

[TimandJoyce 1]

Congratulations!! Great how everything turned around so quickly for you!

[Lona.C. 16]

Concrats , see why i love VJ :)

[jimnlena 8]

Congratulations!

[simistar 2]

Thanks for all the kudos and congrats guys! Since I'm here by myself, I kind of feel like I'm celebrating with you all online :-)

Yaaaay! That's fantastic news! Congratulations!

Holliday -- THANK YOU so much! Your advice and kind words/messages before my interview definitely helped!

Trailmix -- ditto for you:-)

OMG You must have got the same guy we got! He did the same thing to us but our proof was not concrete enough!( I am so angry at him)

I am so so so so glad you got approved!! *CHEERS*!!! =D

Avery -- I actually have YOU to thank for getting me past this!

It was b/c of YOUR review that I beefed up our domicile documents (not that he read them, ) AND knew to question him about the re-establishing domicile vs. domicile...

Again, Trailmix, ditto for you...I think you hammered the message these are two very different sets of proof into my head:-)

Congrats and bravo for not losing your cool!!!! Being prepared for any situation helps but you were assertive without be belligerent and that's not easy. If you had a tall guy with the voice of a tv announcer then that is the famous movie voice guy. He asked my parents how they met, so one can never tell what questions might come up. They have a checklist and they really grill some applicants over some of the items on it. Thanks for posting your review, every single one helps out the next person, now go out and celebrate.

haha! No, sorry, this guy was quite...not tall :-) Perhaps he had not-tall-man's complex and was taking it out on me? :-) And he definitely didn't have a tv announcer voice:-)

Yes, actually this is the part I find confusing. Sim had all the stuff the CO wanted, right there - however:

A. He didn't look at the file thoroughly

B. He assumed they didn't have that evidence, didn't ask for it and suggested her Husband return to the U.S.

So it's not like the CO didn't actually understand the reestablishing domicile thing - he chose to ignore it. This is the part that I wonder about, if Sim hadn't had the presence (and information) to calmly present the facts, it looks like her Husband would be heading back for the U.S. or at the very least they would have to go through what a couple of people here are going through now in presenting info after the interview - which results in a long delay. It's all very strange.

Only thing I can think of is that most applicants don't know about the reestablishing domicile thing and arrive unprepared - so they just assume everyone does.

Trailmix -- I think you're right on the money...I think this guy just totally assumed I/we weren't prepared to prove "re-establishing domicile" or that we wouldn't understand it!

(little does he know the power of VJ:-))

He absolutely refused to look at my documents...and then eventually says we can only prove domicile if we have this and this...

And I'm saying, BUT WE HAVE THAT! (of course, I didn't yell it, but I wanted to, haha;-))

Way to turn it around, Simistar!

Good job and congratulations!

Thanks...my fingers are crossed your turn will come soon!

Awesome news! Congrats!

I guess they've taken a harder line on DCFilers and proving domicile...or maybe it is just this issue is open to interpretation and this particular CO is super strict? Read in another thread simmilar domicile problem. So good you were prepared. VJ rulez!

I'm not really sure if it's just THIS particular guy, or if there's some new edict they're all working under:-)

It seems they are really cracking down on the domicile proof...

Again, as many on here have pointed out...why the HECK would we go through all this trouble if we WEREN'T planning on moving???

Edited October 22, 2009 by simistar

[simistar 2]

Oh my gosh!

I totally forgot to add one more important thing!

B/c my husband works in Canada and is not assured of that same income when we move to the States, we had his mother be our co-sponsor.

This was a HUGE pain the butt, but my in-laws did it for us! (VERY nice of them.)

Anyway, my interviewer guy looked at my husband's I-864 and then saw we had one from a co-sponsor and he didn't even look at it and said we didn't need a co-sponsor!! (uugh...after all that hassle!)

I was pretty surprised. I just said, "oh we thought that b/c he's making canadian dollars..."

And the guy interrupted me and said, no, your husband filed his U.S. income taxes so it's fine, you don't need one.

Believe me, I wasn't about to argue!!! :-)

But this isn't right, is it...?

It says on the instructions for the I-864 that they don't accept foreign income, doesn't it...?

Again, who knows what they want sometimes...:-)

Anyway, I just thought it was important to mention that tid-bit :-)

Edited October 22, 2009 by simistar

[Kathryn41 3,205]

Congratulations - and very interesting information about the ability of your interviewer. You did well.

And no, to answer an earlier question, K-1s don't have a concern with domicile - their US partner is already living in the US and petitioned for their fiance from there -that is different for a DCF where the US partner is petitioning for his/her spouse where both of them are living together in another country than the US.

[Hugglebuggles 60]

Wow! Sounds like an event. I probably would of had a panic attack waiting for the CO to come back in the room

Congrats on the approval!!

[Carlawarla 1]

Congratulations! I'm glad you were patient, and didn't panic. I'm sure that helped. One thing I was thinking of when I was reading your review, is that, despite them not asking for those documents in the beginning, maybe people shouldn't leave it to chance, and just include them in the documents you hand over to the first person, before you get to the interview. Might help.

[trailmix 77]

Oh my gosh!

I totally forgot to add one more important thing!

B/c my husband works in Canada and is not assured of that same income when we move to the States, we had his mother be our co-sponsor.

This was a HUGE pain the butt, but my in-laws did it for us! (VERY nice of them.)

Anyway, my interviewer guy looked at my husband's I-864 and then saw we had one from a co-sponsor and he didn't even look at it and said we didn't need a co-sponsor!! (uugh...after all that hassle!)

I was pretty surprised. I just said, "oh we thought that b/c he's making canadian dollars..."

And the guy interrupted me and said, no, your husband filed his U.S. income taxes so it's fine, you don't need one.

Believe me, I wasn't about to argue!!! :-)

But this isn't right, is it...?

It says on the instructions for the I-864 that they don't accept foreign income, doesn't it...?

Again, who knows what they want sometimes...:-)

Anyway, I just thought it was important to mention that tid-bit :-)

This is interesting, I have actually been thinking about this for a few weeks. The reason I have is because I cannot find anywhere in the I-864 instructions or in the Adjudicator's field manual where it actually says anything about the primary sponsor not being able to use foreign income or about having the income continue from the same source.

What is does say is that this applies to a joint or co sponsor - it also applies to the immigrant, if they are throwing their income in to be used to qualify - but not the primary sponsor.

Possibly this is because they assume - and in most cases they are right, that the intending immigrant does not work in the U.S. or have U.S. source income that will continue - maybe they don't address this for the primary sponsor as they consider it to be a 'given' - I don't know.

So in fact this CO may be right - or he may be wrong, but maybe this is his interpretation. Now I personally wouldn't go in to the interview without proof of support from a primary sponsor as we have come to know it (U.S. income or assets) - but it's interesting none-the-less.

[antda 13]

Hi Simistar,

Congrats on your husband being approved for the CR-1 and thanks for sharing that experience about it here on VJ...

Good that it worked out too, especially that you had an additional in-laws as co-sponsors for your case (you mentioned about that in another post topic too)

Lol..better safe than sorry to be overly prepared than not prepared. Oh well...at least you brought it, just in case.

Good luck with the rest of your immigration journeys too. And yes, don't forget about the I-751 in 2 years (lol..start gathering and keeping the paperwork now for that).

Ant

Hello fellow VJers!

I am SO happy to report that I was approved this morning for my CR1 visa!

I was on my own, as my husband (the USC) had to work so I was pretty nervous and barely slept last night:-)

Mostly, I was worried about the "proving domicile" part as many VJ members have been told to provide more proof before their visa is approved... AND AT FIRST -- THIS IS WHAT I WAS TOLD!!!

I think my heart stopped beating for a minute when the man told me he wasn't going to approve me...but I'm getting ahead of myself...

I'll go through things in order...

First of all, thanks for the heads up VJers to be there just before 7am...I was the first in line! And boy was it cooooold out this morning! Another couple showed up about five mins after I did (I think they're members on here, but never got their user name(s)) so we chatted until they opened the doors...which I think was at 7:30, but I didn't have a watch on me. A few more people had joined the line by then.

Went through security...

Went down some stairs where you're told to wait in a chair outside the elevator. You're also given a form saying what documents/items to have ready to show, so most people get this organized while they wait for the elevator guy to come and get you...

At about 7:45am a few of us from the front of the line were taken up in the elevator... We were told to sit and wait until our names were called.

It was cold and foggy, so unfortunately, couldn't see the view everyone raves about :-)

Just before 8:30am I was called up to a window to submit my documents...

The lady here was pretty nice...she seemed to appreciate that I had everything organized:-)

She told me to go pay at the cashier and come back to be fingerprinted...

There was a bit of a line at the cashier, but I paid, and went back. She wasn't there at first, but when she re-appeared she called me up right away...

She said everything looked in order, took my fingerprints and told me to go back to the main waiting room and wait to be called to an interview room.

*I should note here that of the documents that were asked for, none of them were our "proof of domicile" documents/items...perhaps this is my fault, I should have asked the lady whether she wanted them... But she never asked so I figured I would just show them at the interview....

At around five to 9am I was called in the interview room...

I was kind of thrown off! I guess I was just expecting it to look different:-) It's a pretty small cubicle-like room with a window that you talk through...and you stand...at least my interviewer asked me to...

Anyway, he was...okay...not super nice, but not rude either...

He looked through all my submitted documents and asked me when we would be moving.

I said since we weren't sure how this would turn out, we would move as soon as we could after I got my visa.

That is seriously ALL he asked me!

Then he started explaining domicile and how visas are meant to re-unite people and since my husband and I already live together that doesn't apply here, BLAH BLAH BLAH... Honestly, I don't even think he knew what he was talking about! I certainly didn't! :-)

But the bottom line at the end of all his talking was that everything in my file looked good except that my husband would have to move the States first so he could establish domicile, and then we could proceed further with the visa...

#######??

Well, thank goodness I had read about ALL about this on VJ!

So after I politely listened and nodded to everything he said... I pointed to my file folder on the chair and said I have some proof of domicile...

But before I could finish my sentence, he cut me off and said he didn't need to see it, that there was nothing I could show him that would prove domicile because my husband lives in Canada, not the United States.

Again, #######???

He started to repeat himself about the whole visa meant to reunite people speech but he was interrupted by some other US consulate employee knocking at his door. He asked to excuse himself b/c there was some kind of emergency to deal with.

He came in and out a few more times while I just stood there waiting... He apologized each time saying this was unusual, but there was an emergency...

While he was busy dealing with all that, I'm thinking, Jesus, he won't even let me SHOW him what I brought to prove domicile!!

I think my heart stopped beating for a few seconds:-)

When he came back and was done dealing with the emergency, I gently and VERY nicely said, it was our understanding that since we don't currently live in the United States, that all we had to do was prove that were are "re-establishing" domicile...

He said, well, yes, but you'd need a job offer, a lease agreement...

And I said, WE HAVE ALL THAT!

And he said, Oh, okay...well, then yes, let me have a look at what you've got...

(FINALLY, thank you! I think maybe him having to leave me waiting maybe made him feel a bit bad? or not...who knows:-))

So, I showed him the job offer letter...he read it...

I also showed him a letter from my husband's parents saying were going to be staying with them and paying X amount in rent and X amount for utilities.

*This is important -- we also attached an "official" lease agreement that both of us AND both his parents signed...it was a lease form we downloaded from the Internet... He looked at this and I think this "official" looking document is what really got him to admit it as proof of domicile.

I had other things too...

My husband's valid US drivers license...

A bank statement showing a joint US dollar account in Canada

A listing agreement with our real estate agent to sell our place...

Mail from over a couple years addressed to my husband at his parent's current address...

He wouldn't accept ANY of these!

BUT, he did accept the job offer letter and the "lease agreement" with my husband's parents and FINALLY said, I've got enough and my visa is approved!!!

Oh, I should mention that at some point, he asked how my husband and I met...but seriously, he only asked like TWO questions total...

I was out of there by about 9:15am!

THANK YOU TO EVERYONE!!! I couldn't have done it without everyone's help on here!!

I'm sure my visa journey isn't done (conditions removed etc) so I'm sure I'll still have questions, but YAAAAY for getting over this giant hurdle!

If anyone has any questions, please ask!

Edited October 24, 2009 by Ant+D+A

[meowmeowmeow 0]

congrats!!!!

[Jamaican JNR 2]

Hello fellow VJers!

I am SO happy to report that I was approved this morning for my CR1 visa!

I was on my own, as my husband (the USC) had to work so I was pretty nervous and barely slept last night:-)

Mostly, I was worried about the "proving domicile" part as many VJ members have been told to provide more proof before their visa is approved... AND AT FIRST -- THIS IS WHAT I WAS TOLD!!!

I think my heart stopped beating for a minute when the man told me he wasn't going to approve me...but I'm getting ahead of myself...

I'll go through things in order...

First of all, thanks for the heads up VJers to be there just before 7am...I was the first in line! And boy was it cooooold out this morning! Another couple showed up about five mins after I did (I think they're members on here, but never got their user name(s)) so we chatted until they opened the doors...which I think was at 7:30, but I didn't have a watch on me. A few more people had joined the line by then.

Went through security...

Went down some stairs where you're told to wait in a chair outside the elevator. You're also given a form saying what documents/items to have ready to show, so most people get this organized while they wait for the elevator guy to come and get you...

At about 7:45am a few of us from the front of the line were taken up in the elevator... We were told to sit and wait until our names were called.

It was cold and foggy, so unfortunately, couldn't see the view everyone raves about :-)

Just before 8:30am I was called up to a window to submit my documents...

The lady here was pretty nice...she seemed to appreciate that I had everything organized:-)

She told me to go pay at the cashier and come back to be fingerprinted...

There was a bit of a line at the cashier, but I paid, and went back. She wasn't there at first, but when she re-appeared she called me up right away...

She said everything looked in order, took my fingerprints and told me to go back to the main waiting room and wait to be called to an interview room.

*I should note here that of the documents that were asked for, none of them were our "proof of domicile" documents/items...perhaps this is my fault, I should have asked the lady whether she wanted them... But she never asked so I figured I would just show them at the interview....

At around five to 9am I was called in the interview room...

I was kind of thrown off! I guess I was just expecting it to look different:-) It's a pretty small cubicle-like room with a window that you talk through...and you stand...at least my interviewer asked me to...

Anyway, he was...okay...not super nice, but not rude either...

He looked through all my submitted documents and asked me when we would be moving.

I said since we weren't sure how this would turn out, we would move as soon as we could after I got my visa.

That is seriously ALL he asked me!

Then he started explaining domicile and how visas are meant to re-unite people and since my husband and I already live together that doesn't apply here, BLAH BLAH BLAH... Honestly, I don't even think he knew what he was talking about! I certainly didn't! :-)

But the bottom line at the end of all his talking was that everything in my file looked good except that my husband would have to move the States first so he could establish domicile, and then we could proceed further with the visa...

#######??

Well, thank goodness I had read about ALL about this on VJ!

So after I politely listened and nodded to everything he said... I pointed to my file folder on the chair and said I have some proof of domicile...

But before I could finish my sentence, he cut me off and said he didn't need to see it, that there was nothing I could show him that would prove domicile because my husband lives in Canada, not the United States.

Again, #######???

He started to repeat himself about the whole visa meant to reunite people speech but he was interrupted by some other US consulate employee knocking at his door. He asked to excuse himself b/c there was some kind of emergency to deal with.

He came in and out a few more times while I just stood there waiting... He apologized each time saying this was unusual, but there was an emergency...

While he was busy dealing with all that, I'm thinking, Jesus, he won't even let me SHOW him what I brought to prove domicile!!

I think my heart stopped beating for a few seconds:-)

When he came back and was done dealing with the emergency, I gently and VERY nicely said, it was our understanding that since we don't currently live in the United States, that all we had to do was prove that were are "re-establishing" domicile...

He said, well, yes, but you'd need a job offer, a lease agreement...

And I said, WE HAVE ALL THAT!

And he said, Oh, okay...well, then yes, let me have a look at what you've got...

(FINALLY, thank you! I think maybe him having to leave me waiting maybe made him feel a bit bad? or not...who knows:-))

So, I showed him the job offer letter...he read it...

I also showed him a letter from my husband's parents saying were going to be staying with them and paying X amount in rent and X amount for utilities.

*This is important -- we also attached an "official" lease agreement that both of us AND both his parents signed...it was a lease form we downloaded from the Internet... He looked at this and I think this "official" looking document is what really got him to admit it as proof of domicile.

I had other things too...

My husband's valid US drivers license...

A bank statement showing a joint US dollar account in Canada

A listing agreement with our real estate agent to sell our place...

Mail from over a couple years addressed to my husband at his parent's current address...

He wouldn't accept ANY of these!

BUT, he did accept the job offer letter and the "lease agreement" with my husband's parents and FINALLY said, I've got enough and my visa is approved!!!

Oh, I should mention that at some point, he asked how my husband and I met...but seriously, he only asked like TWO questions total...

I was out of there by about 9:15am!

THANK YOU TO EVERYONE!!! I couldn't have done it without everyone's help on here!!

I'm sure my visa journey isn't done (conditions removed etc) so I'm sure I'll still have questions, but YAAAAY for getting over this giant hurdle!

If anyone has any questions, please ask!

All is well that ends well

[MRStee 19]

great story and congrats to you!