meauxna

OK, I have moved Rachel's posts into one thread.

Let's please try to help her understand the domicile issue and the current state of affairs in the London Consulate. You may need to review her past posts to get the story.

thank you, and more coffee please.

lansbury

MO has been housekeeping and combining threads

she also keeps posting while I'm typing replies

meauxna

What can I say, I'm finally waking up.

rachococo

Hi, I have posted a few questions and it has been suggested I begin my own thread...so here it is! First a brief background... I am british and live in England with my USC husband and our 5 year old dual citizen daughter. My husband has been in England for about 8 years and has ILR. I am awaiting my interview date (quite desperately!) and sent my checklist mid-november. I have had my medical in London a few weeks ago and didn't here back (good news I assume!) and think I have all my documentation in preparation for the interview. My husband has left his job here, we have sold our house and have a completion date of the 27th January. I have given one job up and am working part time til we move. So basically we are ready to go to start our new life in USA, and very keen to get out there, get jobs and get going.
Neither myself or my husband have jobs in the States yet, and so I have joint sponsors of my husband and his father to support my application. Both have completed I864 forms. We will stay with my in laws when we first move over (I am getting them to write a formal letter to say this is OK) and they will be giving us a car.
I have my police certificate through, my husband has a US bank account, US driving license and voted in the last US election by post. I can print off house searches with realtor.com and job applications for myself and quotes for moving our stuff and specialist shipping of our cat (!). We are obviously completely ready to do the move, but I am worried about proving domicile and how much/what specific proof I need, aswell as what questions I will be asked at the interview.
We could rent somewhere in USA, but to be honest financially it makes sense to spend a few weeks with my in laws, and I also think it will be a smoother transition for my daughter to be in her Grandparents house at first where she has previously visited.
I have read ginblossoms thread (very useful thanks!) but any advise about my particular situation would be much appreciated.
I am also concerned about how much longer I need to wait for my interview date.
Thanks so much for your patience reading this long message!
Rachael

rachococo

Sorry, I felt guilty starting up a new thread, but now have outlined my situation and concerns in a new post.
Thanks for your patience!

meauxna

Sorry chick, I went ahead and put it in here. This is your one and only New & Improved Thread!

rachococo

Phew, thanks so much, sorry for confusing everyone.... eagerly awaiting your adviseXX

Ginblossom

Rach, thanks for the extended information as to your own case, it really makes a difference as to how people can offer advice with more knowledge of your circumstances.

Actually your case sounds pretty familiar to mine in many ways, sans child.. However, I appreciate this is stable door and bolted horse, and is not meant to sound unkind but why did you give your UK jobs up?

If, it is as I presume, in anticipation of the US move then that was very hasty as right now, you have no visa in your passport and no cast iron guarantee of success. Plus if you had waited, you both have six months in which to leave jobs and begin to get affairs in order for leaving the UK.

However, what is done is done. Let us focus on the here and now. You have a lot of good evidence but I can tell you based on my experience ( and I hasten to add wont apply for all) but London most likely wont accept a letter from in laws saying they are happy for you to be there.

I understand that they used to and people on this board have used it and got there without issue, but the CO I had at my interview rejected it. Others have since posted similar stories. This is also more pertinent as neither you have jobs. (we didn't btw, though my wife did have a letter from her father's company with a standing job offer which was better than nothing, but again was rejected on the basis it was family based)

Jobs are not relevant necessarily to the success of the type of visa you are getting ie. not a work visa but the CO will look at everything combined together and you will want to make this as tight as possible.

Your best bet may to be to get a formal property lease. If you in laws own another property that would be useful. If you get a lease and even if you have to drop 6 months rent down, this will be a very good example of domicile.

The car you in laws have, get them to do the legal transfer to your spouse at the DMV and then you will need to insure it as well. These items will also help you give proof of domicile. Your USC spouse will probably have to go over to the US to transact this.

You mention a young child, get on with doing the registration for them in local schools, as again this will prove domicile.

Your hubby has been out of the country eight years, my wife was out over five and the CO slammed her for it. I hope the above helps and good luck.

meauxna

One thing I would add is that if you can stay flexible, you don't *have* to do anything different right now.
You can go to your interview with what you have, explain your situation by answering the questions asked of you (don't blurt out a bunch of blah blah unsolicited) and just see what *your* CO says about *your* situation.

The visa application is not a one-shot deal. If they don't like your set up, they'll tell you how you can fix it. THEN you can get a lease, or other docs that they want, or the USC can go on ahead to the US and fix the situation completely. It may be that there was a zealous CO whose decisions have been reviewed.. any of a hundred possible answers.

I know you're eager to go right away, but even if they say no at the first interview, if you are prepared for that, you can turn around the new evidence in short order and get on the road.

I think none of us can guess what will happen, with any accuracy.
It may also be useful for the USC to attend the interview with you.

avanutria

The fact that their house is sold should go a long way to proving intent to resume domicile, though, correct?

To prove domicile I showed emails regarding a job hunt (and an invitation to interview) emails showing apartment hunt (hadn't secured one yet at the time), evidence of US banking accounts and a letter from our UK estate agent with the quotation of how much our house should be sold for (it wasn't on the market yet) - I think that was all the major stuff. There's a thread somewhere on here describing our interview day if you do a search of my past posts.

Ginblossom

Yes as Meauxna says, if you are 90% of the way there, then they will give you the time to fix anything they don't like. As I said, you already have a lot of evidence which is why I didn't focus on the break ties to the UK, as it sounds they have done almost everything in this aspect.

Avanutria, remember as the embassy themselves say, don't do anything concrete, and selling your primary residence ( I presume) is. Doesn't matter now though.

Or, they might just stamp you through, each case is very different, I can only speak from my own personal experience and the CO I saw.

rachococo

Thanks so much for all your help. I guess I will just get together all the evidence I can and keep my fingers crossed.

So is it worth getting a letter from the in laws saying its OK for us to stay with them while we settle in? Also are copies of my husbands US driving licence and some documentation about his bank account in the US alright? Should I try and get some documentation to prove he voted in the last US election by mail? Finally, there was mention that it may be useful for my husband to come to the interview with me... thats fine but could my 5 year old daughter come or would that not be a good idea? Sorry for all the questions....

I haven't got my date yet, any ideas how long these are currently taking to come through, my checklist was sent mid november. I also heard once you get the date there is the potential to call up the embassy and be considered to have the day brought forwards, is this the case?

Many thanks
Rachael

Noorah101

Yes.

Yes.

Yes.

Also include anything else you can think of to show ties are being made to the USA, and being broken in the UK.

Probably, yes. There is a place to list the people you expect to accompany you to the interview....you can list them both.

Rene

BritishGuy36

Why don't you put a link to it in your signature....saves folk hunting for it?

Ginblossom

Good idea, done!