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I-130 Spouse Immigrant Visa denial. Need some help, please. At my wit's end

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  • #16
    A USC filing an I-130 for their foreign spouse MUST prove they are domiciled in the US..that is a regulation, and a joint sponsor does not relieve a USC of this requirement. So the consulate is doing their job...something that cannot be understood by those whose IQ is below 100....or who believe that they should not have to follow certain pesky do.
    And proof of domicile will likely take more than an envelope with your return address printed on it....


    • #17
      Fiance visas, K-1 and 3 are only for US citizens resident in the U.S. If you want to bring your fiance here, then get married and apply for a CR-1 immigrant visa. No residency requirement.


      • #18
        USCIS gave the right advice. you might be living outside of the country for long time. Everyone has to establish his domicile, unless they are in services( army navy, or any other Fed posting etc). you have joint sopnsor to fulfill your poverty line requirement but you didnot live in the country( i presume).
        think this way , when intended for a divorce, has the residency requirement for a year to be residence for the same state, , don't you think there should be a requirement for the marriage too? you should be residing within one of any state. ?
        You can cut short your time to become domicile of one of the state by 6 month time period. search the net and find out the state Law. and maintain residence in that state..
        Its a discussion, not a legal advise..


        • #19
          It depends where you file. The domicile requirement is relaxed when using DCF, since you can only utilize that if you've been legally residing in the foreign country for more than 6 months. If you're filing within the US, as Dawn did using someone with Power of Attorney, it is required.

          As far as I know (and my own experience with my husband filing for us soon after he'd moved back to the US), length of time in any one state to establish residency etc doesn't make a difference as it pertains to immigration.
          The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch


          • #20
            Hello, I am thinking that maybe that you can request a waiver of inadmissability, or something like that. This is what they are doing now if someone has been denied. It is a form that you fill out asking for another review or a second chance. Alot of times they are approved and they give them their visa. You could check into it. I think that the is somewhere around $544.00 not exactly sure. They should have told you about that. I hope that this helps. Search for the pilot program too. It is for that purpose too.


            • #21
              A waiver isn't applicable in this case, Sylvia. There's no illegal entry, overstay, false claim to US Citizenship or criminal record at play which makes Dawn's husband inadmissible.
              The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch


              • #22
                Originally posted by dawnoffawn:
                Thank you, Aroha. I gues that is what is happening It's really depressing

                You are right. This is exactly what has happened here. May be you or your spouse were not briefed on the nitty gritty of immigration law. You must have been out of country for a long long time and perhaps (just guessing) you did not file income tax returns (could be for zero income) before applying for visa. USC are required by LAW to file ITR every year on worldwide income. No escaping that. That said, other proofs of connection to US need to be established before applying for IV. Consulate may ask that "why your spouse wants to come to US, when you have been out of country so long and not even filing tax returns".

                By the way you did not understand that IV is "Green Card" tells us that you had no clue what you wanted to accomplish. In this, you could have hired a local attorney or an immigration consultant (just google) in your country of stay and they may have guided you properly. Please do contact a US immigration lawyer in the US City you are staying now.
                Mr. S MALI AOS marriage to usc 1/02 divorce usc 7/04 i-751 aprv 9/04 remarry 3/06 n-400 10/06 wife enter on f-1 5/07 nta 5/07 751 waiver 6/07 removal terminated 11/07 2nd n-400 12/07 gc revoked 1/08 natz interv 8/08 natz denied 9/08 n-336 denied 10/0


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