biggish data

Alan -

Good luck on your journey. I went through a smiliar set of circumstances concerning the domicile issue. My only saving grace was that I had a job offer in hand. I had lived in the Philippines almost two years prior to the interview and while I could clearly show all the documentation you listed, It was placed on administrative review.

The state tax may help, but we pay taxes on money generated in the US where ever we hang our hats. It may be the same for that state. From their side of the fence, they approve applications for residence in the USA which is what you are going to have to most likely show. This is further complicated by the fact she is working there.

Until a supervisor agreed to let the job offer stand as proof of domicile, I was told I would have to return to the USA and after a "suitable period" they would consider me "domiciled" in the US.

The hard part is to establish the fact you want to live in the US when you can only state the fact.

Once again, good luck - Don

Ouch that was tough Don - hope the 'suitable period' stuff does not kick in....

If we get past the NVC I think we will be ok as Carolyn will have resigned her job in the UK - and we will have those resignation letters plus 2 plane tickets to Chicago... its just getting past NVC that is tough...

Carolyn was only in the UK a little over 2 months when she petitioned for my immigration which might help...

The options on the I-864 instructions are all OR OR OR so we are hoping that the clear intention to return plus temporary absence will be ok -

anyway we will see what they say next ...

alan

Captain Oates

Male

England

2007-08-12 05:05:00

No, no, no... think positive. The more negative things you think about the worse it will get, at least emotionally.

Think positive. They might review this and complete your case, they might send you the RFE sooner than expected. Don't let them win.

Diana

yeah you are right - its nearly 8 pm and i havent had an alcoholic drink yet - and there is no way i can get through this thing without drugs - albeit legal ones.

ok carolyn has spoken to them for 20 mins and i think we have may have come up with a face saver for them whereby we send then a barcoded query sheet (which i have by good fortune) with Carolyn's state taxes and an understanding that London Embassy will decide and may not accept the domicile issue. I know London does accept if the uk 'limited leave to remain' resident undertakes to return with or before the ALIEN so I dont expect a prob there but I will sweat like marlon brando on thai food, all the way to the interview

So I am busy doing this letter then fedexing tomorrow and asking NVC for email confirmation...

I wish I was religious at times like this... even a pagan then I could go and pray to a tree... as it is, I rely on my own strength and these guys could test a terminator !

all digits crossed

alan

Captain Oates

Male

England

2007-08-09 14:15:00

Alan,

My understanding is confirmed in 9 FAM 40.41 Procedural Notes, N1.2c

Perhaps the person at the NVC is requesting some additional documents, perhaps specific additional documents, that they expected to see to demonstrate domicile. Or perhaps they are overstepping their bounds and the error will be corrected on review of what you did submit.

In any case, when and if you recieve a letter from the NVC requesting something respond to it in writing. Do no assume that your phone call is sufficient.

Yodrak

Alan,

This is interesting. My understanding is that the role of the NVC with regard to the I-864 is to review it for completeness (all required documentation present) not for adequacy (does the sponsor qualify). .....

Yes I expect their letter in 3 weeks plus mail strikes in the uk..then i have to return it with no guarantee that they will accept what we are saying, then 3 days to load onto their system then 2 weeks to review...and then....

This is a total car crash.... a life changing event

Captain Oates

Male

England

2007-08-09 12:48:00

By they way, Erica was approved today!
Diana

good lass ERICA

I knew she would walk it !

hooray ! and phew !

Captain Oates

Male

England

2007-08-09 12:42:00

Well that is truly unfair. I was uncertain how to prove domicile (as we both live in Canada - and I have never lived in the U.S., although I am a U.S. citizen).

I asked someone, a Canadian, who was recently approved, what he used to show domicile. For the question on the I-864 they stated 'Canada' for domicile and for proof of reestablishing U.S. domicile they included a letter from his U.S. citizen wife stating that they would enter the U.S. together upon approval of his visa.

It sounds to me like you covered all bases and she has OBVIOUSLY proven her ties/temporary absence, from the U.S.. I hope there is some solace in the fact that you did a great job proving it. The good news is it will stand you in good stead as you proceed, whether with a lawyer following up, through your wife's congressman, or on your own. I do wish you both the best of luck!

Hey thanks Trailmix - I am retired and pretty old so I have been working virtually full time on this since January 9th and feel a bit ashamed that my spirit is leaving me right now and I feel whipped..

so thanks for your words of praise because I read everything i could on this and i know carolyn is domiced per the rules whether she has a house there or not - they have told her just now to produce a US utility bill and she told em she is living in the uk temporarily - they said she is not paying US taxes and she said she has filed for 2006 and will file for 2007 and claim double tax relief on uk tax.. she has to do that as a US citizen.

they just will not give..they don't want to do this..could be my george bush cracks ?

she has quoted the instructions on the 864 to say you dont have to be living there to be domiciled but they just will not have it...

anyway too much detail !

thanks again for your support

Edited by saywhat, 09 August 2007 - 12:44 PM.

Captain Oates

Male

England

2007-08-09 12:39:00

Alan,

I'm so sorry to hear this and I came in today all happy to give you the good news that my case is completed, thinking yours would be too. That domicile stuff is just not right, it doesn't even make sense since you said you sent all of that other stuff.

Let's hope the review doesn't take longer than 10 days. I'm sure they said 10 to cover their bases, so hopefully they'll complete the case sooner than that.

Diana

Huge congrats Diana ! I knew we would be the same day so I knew you would be done today...

You must be so happy knowing the horrible pitfalls that can come out of nowhere !

So yippee ! and well done... phew you can start to agonise over how long it takes em to get it finished now !

We will get good news from Erica too when she recovers enough to tell us about the interview

Me ? 'Killed in action' - if the bullet has got your name on it and all that....

I hope Carolyn can carry us through this because I am done in. Up to recently I felt 42 but now I am really feeling my age - 59.75 ! She is really pining for the US and not ready for another winter here so I will hear plan B tonight no doubt .. she will freak when she hears her very own government are saying she has left the US and they have disowned her... The I-864 states quite plainly you dont need a house in the US to prove you are domiciled - you only need to show temporary abscence and all your personal life like banks/cards/pensions/furniture and mailing address are still there - domicile and residency are very different. Wish someone would tell NVC that.

but GOOD for you !!!!!! excellent news- now celebrate for the 4 of us !!! HOORAY !!!!!

alan

Captain Oates

Male

England

2007-08-09 10:56:00

Alan,

This is interesting. My understanding is that the role of the NVC with regard to the I-864 is to review it for completeness (all required documentation present) not for adequacy (does the sponsor qualify).

In any event, whether the NVC made a mistake in overstepping their bounds by making the domicile determination, or whether they made a mistake in the determination that they made, or neither, this situation is one that needs to be considered in the attorney v no attorney discussions but rarely is - sometimes the USCIS or DoS turns an un-complicated case into a complicated case.

The one thing that is certain is that the letter they send to you needs a response. You can respond by providing additional information or you can respond by telling that they have all the information that you can provide and should make a determination based on it.

The DoS web site has some information about domicile here:
http://travel.state.....html#_Domicile

Also review 9 FAM 40.41 Notes, N6 "Domicile".

Then, having read those resources to prepare myself, if it were me I would have a consultation with a US immigration attorney to review the material that I had submitted and get some guidance on how to write the response. At the conclusion of the consultation I would decide whether to prepare the response myself or retain the attorney to prepare the response for me.

Yodrak

Thanks for those thoughts Yodrak -I feel like a mother whose baby has been snatched - only 1 in a million and it's happened to me..

We have spent the winter and spring and the wettest summer since the ice age in a rented house in a horrible area just to be near the only place where Carolyn could get work.... and just so we could be together while I spend 11 months getting this visa. Carolyn gave up a great job and sold her house in Wisconsin so we could be together and do this - now her own government treat her like she has left forever and defected to Russia or something.

I would not blame her if she regretted ever getting involved with 'an alien' and just went back on her own.

We will get to work on it when I get my morale back but at the moment I am devastated.... yes thank you

Captain Oates

Male

England

2007-08-09 10:07:00

I'm not totally clued up on the domicile thing tbh, but this sounds absolutely crazy, you put so much time and effort into showing them you are doing things the correct way, then this, what a joke. I really feel for you. I know its hard right now but keep your head up and you'll get this sorted, i know you won't give up.

Thanks for the support - it's most appreciated... I have read and re-read the instructions on 'domicile' on the I-864 form and I know we qualify under the 'temporary absence' clause. They are all 'OR' not 'AND'

They really do want it both ways - London USCIS refused to take the petition because Carolyn is 'temporary' in the UK and said file in Nebraska - then NVC refuses the application on the last review before 'case complete' because she has not shown she is 'temporary' in the UK...

catch 22 I reckon....

I know Carolyn will not make her home here in the UK so this is just awful...

We have overcome every single problem all the way but this seems insurmountable and I am too tired to carry on - I hope she isn't...

Captain Oates

Male

England

2007-08-09 09:06:00

We knew all about domicile which is different to residence and so we covered it with lots of documentation and everyone on VJ says its never an issue unless the USC has cut all ties with the US.
So we sent a covering letter addressing the issue and referring to the instructions on the I-864 and with copies of all the ties Carolyn has - I mean even the bills for storage of her furniture in Wisconsin pending her return... We submitted the immigrant visa application January 9th - just over 2 months after she arrived in the UK !
We are really really stuck now - the adjudicators won't talk to us, the supervisor wont talk to us - Carolyn is not doing well here in the UK and her driver's license will not be valid much longer.
They are just being stupid - if it was a form or something we could sort it - this is a BRICK WALL !

I have been married to a USC for 2 years almost (married in Wisconsin), we have more than enough liquid assets - I have no convictions or health problems and have never overstayed and they just say no with no way out.... as far as I can see it's just for the hell of it - Carolyn wants to return with me on the same flight - but NO ! We have waited and waited since the middle of last winter and it's NO...

the I-864 was 'fine' two weeks ago but the final reviewer came up with this one ...

What do they want ? do they want us to divorce and call the whole thing off ? This is cruel vindictiveness just to get a thrill or justify someone's job existence...

This is not what US immigration law was supposed to stop.. I am absolutely at the end of my tether..

Captain Oates

Male

England

2007-08-09 08:09:00

Oh god, what a nightmare, i'm so sorry to hear this. Keep us posted on what their problem is and how you get on

It's Carolyn's domicile !!!! They say she is not US domiciled !!!!!

She is in the UK with me but her domicile IS US !!!!!!!

We knew about this point so we covered it by sending:

Details of her:
US 401k pension
her US bank accounts
her US credit cards
US driving license
The receipts for her furniture in store in Wisconsin

She has been in the UK since october 20th

I asked the lady how we could prove domicile if this wasn't enough and she said she would ask them to re-review it

and I should call back in (10 to 14 days)

I asked to speak to a supervisor - not possible

I asked to speak to someone in the dept that reviews the 864 - not possible

I asked how else we could prove domicile - she repeated that they would review it..

WHAT ELSE CAN WE DO !!!!!!

WHAT IS WRONG WITH THESE PEOPLE !!!!!

alan

Captain Oates

Male

England

2007-08-09 06:49:00

We were expecting 'case complete' today..

Our 864 was received 20th july and they said it was 'fine'

our 230 was received by them 2 weeks ago today

Just called the auto line and they said there is a 'RFE on the financial information'

I know their letters take 3 weeks to come to me so this puts me back at least a month - right into mid winter given london interview dates

We put a number of bank accounts in the US and UK as 'assets' - more than $650k in cash accounts - and included statements of transactions on all of them...spouse assets are ok for inclusion. We sent a huge pack of fine details of monetary assets. So what their problem is i dont know..

now we have an RFE to sort out from England and the whole thing is holed beneath the water line...

I feel totally gutted and I don't know how to tell Carolyn. She must be wondering why she put her life on hold for a year - all for it to end up like this...

I will call when they open but I bet they won't tell me details.. these people are plain nasty for the sake of it.

Oh well, I feel like just another wildebeest dragged out of the herd at random - just bad luck

alan

Captain Oates

Male

England

2007-08-09 03:59:00

Cant wait to see what name they put on my visa

QUOTE (Chris Parker @ Aug 23 2007, 04:25 PM) <{POST_SNAPBACK}>

QUOTE (saywhat @ Aug 23 2007, 08:02 AM) <{POST_SNAPBACK}>

I will thanck thems for there emayl and hope that the name on my veeser is speled crectly

For immigrant visas (not K1's however), by law, the approved immigrant visa application becomes the visa. So make sure you spell it right on the DS-230, because that will become the name on the visa.

On my K1, I think they tried to figure the name from the white entry card ? anyway all the forms were ok so it was a mistake at POE or transcribing the officer's record.

Luckily MDYoung was a member at that time and found a SS regulation which said if only 1 letter was spelled wrongly then they had to issue a SS number - I went back with that info and they did it.

If they hadn't I would have been 2 months without a US driver's license, bank account etc

VJ saved me..

Rumour has it that some folk were nasty to MDYoung and he doesn't post any more - that is a huge pity so I pass this on in case someone else is 1 letter out

It speaks to something when the government has to excuse its own mistakes in advance - it shows they are NOT rare.

My pal has been in the US 12 years and still shudders when he hears INS - it took him many months of heartache to get his file right and he renewed his 10 year greencard with great trepidation.

He refuses nationality though and says he is British ! - think I will take it as away out of the uscis world

Captain Oates

Male

England

2007-08-23 10:36:00

Cant wait to see what name they put on my visa

Just received from NVC

PLEASE DO NOT RESPOND TO THIS AUTOMATED NOTFICIATION

Thank you for your recent inquiry to the National Visa Center. This
automated email is to notify you that we have received your inquiry. We
prioritize our emails in the order in which it was received, and will
respond to your inquiry as soon as possible.

cor - holy NOTFICIATIONS batman ! ... and do they mean 'they were received'

I will thanck thems for there emayl and hope that the name on my veeser is speled crectly

It wasn't when I came in on K1 and the SS refused me a number !

An old English surname consisting of 4 easy letters - and they couldn't spell it...

When I get that 10 year green card with my name spelled correctly, i will duct tape it to my body and only take it off for baths - with the door locked.

Seriously, I know they are busy, but if a job is worth doing, it's worth hiring someone who is careful and can write English.

dios nos ayudará!

Edited by saywhat, 23 August 2007 - 07:06 AM.

Captain Oates

Male

England

2007-08-23 07:02:00

QUOTE (rika60607 @ Aug 28 2007, 01:44 PM) <{POST_SNAPBACK}>

I called the NVC.... and....
(drum rolls)
DS-230 will be mailed out THIS week!!!!
Hooray!

NVC gets five stars from me today
(I hope they don't screw up in the near future!)

Yabadabadoo ! you did really well considering the payment only JUST got on file !

you dodged a whole week there !

many congrats !!!! their letters took almost 3 weeks to reach me here in the UK so I did james' and fired the 230 in same day...but its less worth it in the US

Alan.....

Captain Oates

Male

England

2007-08-28 08:14:00

QUOTE (rika60607 @ Aug 28 2007, 10:54 AM) <{POST_SNAPBACK}>

Today "NVC is expecting return of the biographic forms by the petitioner "

So then it means DS-230 was generated, right, RIGHT???!!!
*looking for reassurance here*

PS Alan, what are my winnings?...

Give em a call but I would suspect 'yes'... just ask if the ds-230 'is on its way at the moment' - if she says its coming out to you 'this week' then you are home and dry....

i think it means 'yes' but check with em eh before you send james form if you are going to do that

let me know then I will give a big YES until then its a small yes ! We dont want any false hopes !!!!!

jeez their auto messages are weird

alan

Captain Oates

Male

England

2007-08-28 05:11:00

QUOTE (rika60607 @ Aug 27 2007, 06:00 PM) <{POST_SNAPBACK}>

Yep,
they received IV bill on Thursday. Auto message said nothing about it on Friday and then updated on Monday.
Are those guys doing overtime to compensate for the Labor day weekend?

I feel hopeful, MegDan's Timeline is ahead of mine exactly one week and her bill was also received on Thursday --> DS-230 generated on following Tuesday.
I can't say I am suffering in France (I don't

), but this process is driving me crazy, so I just want to be done done done with it!

QUOTE (rika60607 @ Aug 27 2007, 06:59 PM) <{POST_SNAPBACK}>

Yep,
they received IV bill on Thursday. Auto message said nothing about it on Friday and then updated on Monday.
Are those guys doing overtime to compensate for the Labor day weekend?

I feel hopeful, MegDan's Timeline is ahead of mine exactly one week and her bill was also received on Thursday --> DS-230 generated on following Tuesday.
I can't say I am suffering in France (I don't

), but this process is driving me crazy, so I just want to be done done done with it!

PS Of course you are useful!!!

ah hah ! I will bet you my flat cap and whippet it will NOT be done by tomorrow morning - when I said Wednesday I meant on the system - if you are only on the system today then I highly doubt it - of course you are going to call but mine was like yours and it takes 3 or 4 days to get on the system ----- then they need a few days to generate the ds-230

hope I am wrong but I reckon next tuesday- 8 days is your generation day...

go steady on the jambes de grenouilles - they are slippery characters

alan

Edited by saywhat, 27 August 2007 - 12:07 PM.

Captain Oates

Male

England

2007-08-27 12:07:00

QUOTE (rika60607 @ Aug 27 2007, 05:41 PM) <{POST_SNAPBACK}>

Thank you Alan,
very informative

I have to restrain myself today and wait until tomorrow to call NVC then

--- also re-read JSC
-------also find out what happened to your "chopped posts"

Cheers!

oops sorry senior moment ! ITS MONDAY TODAY !!!!!

yes call em tomorrow bang on 20 seconds past 7.30am eastern and you could get through with a 2 minute wait !

otherwise it gets really busy later and they wont even connect to the auto system... but you need a person...

if they have the iv bill on the system wednesday its a good bet they will do it following monday

after wednesday it is not certain - yours was thursday ? bit of a toss of the coin... as I say 35% tomorrow

hooray i do feel useful....

alan

Captain Oates

Male

England

2007-08-27 11:48:00

QUOTE (rika60607 @ Aug 27 2007, 05:01 PM) <{POST_SNAPBACK}>

Hi,
NVC just updated their automatic response.
Now they say
"NVC has received IV fee bill on 08/23/07 and will send further instructions within next few weeks. "

Sooo, I think it means they generated DS-230 package and are sending it to me this week?
Or I am too hopeful?

Or should I call and talk to a live person and get them to admit that DS-230 WILL be sent this week?

Thanks for your opinions!

Your bump was felt in Darwen Lancashire home of the missing link...

this message does not mean your 230 is generated but there is a 35% chance it was generated last night and a 65% chance it will be generated next monday..

call em now and ask if the ds-230 is on it's way to you yet - if they say yes then its generated

dont use the word generated - they dont like it

if not i bet you my monaco t shirt it will be by next tuesday

always call tuesday please see james' short cuts for explanation

if you do them be very accurate with them and do exactly what he says - top post!

http://www.visajourn...100#entry885374

alan

Captain Oates

Male

England

2007-08-27 11:36:00

I'm illegal alien and she is on social security welfare. Who would pay the fees and how?

Sounds almost as plausible as the guy who wanted to know what kind of handbag he should carry to the interview...

True situations are stranger than fiction on here without making some up...

Captain Oates

Male

England

2007-02-06 12:11:00

Applying for K3 while living in UK with husband. Please help.

My husband and I are also in this mess... one question that you have not brought up that I am curious about is how you make your payment for your visa. Do you bring US cheques and use those or do they take some other currency (namely Euros or in your case pounds?).

We are planning on staying here in Germany for some time, however we want to get the visa stuff out of the way so when the chance arrises (say through his job) we would have the option to go back with out additional hassles of paperwork and extra things.

Please keep us updated on your progress - it is really helpful! I will do the same as soon as I have any extra info!

Thanks!

Luckily Carolyn has her US cheque (check !) book with her

sehr gluecklich ja ?

I think you can use international money orders etc but certainly not cards - that is one thing london uscis stressed...

So it depends what the US Service centre (center) will take..

Might be a good idea to email london uscis and ask them if an international money order from a european bank is ok - and if not then what...

London.Uscis@dhs.gov

ok i will let you all know what is happening - we are hoping for noa1 from california (nebraska will send it there again !) some time end of next week if we are lucky...

November seems a long way off but I reckon we will only just get it in time .. yes get moving now as you can always delay the final part so your visa does not expire too soon (valid 6 months)

tchus !

Captain Oates

Male

England

2007-02-12 08:41:00

Applying for K3 while living in UK with husband. Please help.

Monday morning dawns - 5th Feb - just received an email from USCIS London ..

They say we should send the application to them and they will forward it to Nebraska....

Actually we already did, and LONDON should receive it this morning

So mystery solved - you should send it to London and they will forward it with their cover sheet to the USCIS office covering last place of residence in the US...

If you send it direct to the US they will bounce it back to you after sending it round the continent...

I am still not 100% confident as I have seen vj-ers who have just had it sent back to them from London.

Anyway this doesn't look like DCF to me so I reckon it's the slow boat for all of us now...

I am hoping that London will NOA1 it before they send it to Nebraska , as someone else mailed to London a few weeks ago and got NOA1 in 4 days, - but its a slim chance I reckon...

I will report back if I do get NOA1

alan

Captain Oates

Male

England

2007-02-05 05:11:00