Muzakgal

Hello all,
Was really hoping for some advice. I'm US citizen and my husband (UK citizen) was just issued a 221 refusal (blue slip) using dcf in London stating that they need additional documents. From what he said, they really gave him a grilling and did not want to accept the documents we sent as evidence of domicile... credit card statements, voters registration card, notarized letter from parents stating we would be staying with them, US bank account statements.
Immigration officer was not satisfied and stated we needed more proof that I was intending on moving back to the States. Seems a bit unfair as I'm sure I've read others getting by with less. Anyhow, I had a few questions.
We have a flat that we own but intend on renting out instead of outright selling for hope that the housing market will improve. Will a letter from an estate agent stating intended rate of rental they expect for property and their fees be sufficient enough to send as evidence? What about moving quotes from moving companies? Do they need to be sent through post or are email qoutes enough? We're both unemployed so can't get any letters from employers saying our job is ending. What other documentation would be helpful?
If we sent back paperwork and it still wasn't enough in their eyes, would we be outright rejected or given another chance to send more documentation?
I'm really frustrated since I've been wanting to get home for so long.
I'm so scared of being denied again and made to start process all over again.
Any advice would be appreciated!

Rete

Look up threads last year from Ginblossom. He and his USC wife had the same problem, with the same evidence. His story will tell you how they overcame this problem.

Noorah101

These things you mention should be helpful. In addition, perhaps proof of job hunting in the USA, apartment or house-hunting in the USA, anything else to show you are severing ties with the UK. I assume you don't have kids, as arrangements for their schooling in the USA would be good proof. Or, if you guys are students...enrolling in US university.

I don't think it will be outright denied. But it might come down to the USC moving to the USA ahead of the UKC to physically establish domicile.

Rene

meauxna

The simplest way to prove your domicile is for you to go to the US.
If you're not willing to do that, you can do a bunch of legwork and throw a bunch of evidence at them, but if you're really going to move, you can also take a note from Nike and just do it.

Ginblossom put his tips in a wiki entry. The DCF wiki entry has extensive discussion and official links on domicile.
London has at least one officer who seems to have made this their bugaboo.

Guide to Proving US Domicile Intent When Living Outside the US
http://britishexpats.com/wiki/Guide_...Outside_the_US

DCF I-130 Filed In London
http://britishexpats.com/wiki/DCF_I-130_Filed_In_London

Good luck! I don't think they would deny the case on this, just keep 221g-ing it, but that's only my gut feeling. Most people find a solution (and again, the ultimate solution is in the first part of my reply).

jeffreyhy

Mg,

This kind of thing seems to be happening more often than it used to in London. On the other hand, at many consulates the only way to get the visa is for the USC to move back to the USA first, so UKers still have it easier than a lot of others.

You've mentioned a few pieces of the jigsaw puzzle in your post, but the consular officer is basing his decision on what the assembled puzzle looks like to him. Apparently there are still a few places in your puzzle that have insufficient pieces to recognize the picture.

You can get some ideas on how to fill in the blanks by looking at posts by others who have had the same problem, as several responders have said, but recognize that everyone's puzzle is different, unique to them.
You've got to do what it takes to complete your puzzle and only the consular officer who is handling your case can say when it looks complete.

Regards, JEff

Muzakgal

Thanks everyone for the advice I realize that going over would be the easiest thing but I have a newborn baby and really don't want her to be seperated from her dad for a few months. Don't even know how long it would be to establish residency. Of course, if that is the only way I can get his visa I would do it. I'll try and get all the paperwork I can, and just hope that if it's not sufficient for them that they will give me a chance to go back and prove domicile. As far as moving quotes, are email quotes good enough or should I have someone actually come to the house and give me a written quote?
Many thanks again!!
This process is soooo frustrating!!

Rete

Your newborn will not miss their father in the few weeks or month(s) that it will take for its father to emigrate to the US. I know that YOU will miss your husband and will miss his help (if he is the help type of father) but you will be living with your parents and I'm sure that the grandparents will assist you in whatever way is possible.

Residency in the US will not be all that difficult for you to accomplish. Move in with your parents, notify the USPS that this is your mailing address, leave a forwarding notice with the British equivalent (make a copy for your submission of proof of residency), get your driver's license and if you were planning on working register with an employment agency and retain a copy of the contract with them.

meauxna

It takes you re-entering the US with the intention to stay.
A day.

Noorah101

Yep. You can enter the USA, scan a copy of your passport showing you are back in the USA, and have him submit that to the embassy as proof that you are now domiciled physically in the USA.

Rene