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July/August I-130 DCF filers come here!

July/August I-130 DCF filers come here!

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Old Mar 18th 2011, 10:52 am
  #346  
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Default Re: July/August I-130 DCF filers come here!

This worries me quite a lot. We were planning on using only assets and have no intention of having a joint sponsor. Has anyone ever actually been refused on this basis, does anyone know?
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Old Mar 18th 2011, 11:05 am
  #347  
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by potfish
This worries me quite a lot. We were planning on using only assets and have no intention of having a joint sponsor. Has anyone ever actually been refused on this basis, does anyone know?
It was the combination of just having assets and my spouse not having a US address that appeared to be the problem.

Having the joint sponsor seemed to settle the domicile issue rather than the assets/income issue, as we had more than enough assets to meet the minimum requirements.
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Old Mar 18th 2011, 11:26 am
  #348  
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by shayward
It was the combination of just having assets and my spouse not having a US address that appeared to be the problem.

Having the joint sponsor seemed to settle the domicile issue rather than the assets/income issue, as we had more than enough assets to meet the minimum requirements.
Yes, the domicile seemed to be the issue because the ConOff in our case specifically told me that we clearly qualified through our assets, but that the sponsor was required to have a US domicile.
If your USC spouse is/will be in the US at the time of the interview, then you have nothing to worry about. If not, try your best with gathering proof of their intent to re-establish domicile, and you may want to consider using a joint sponsor just in case.
It's worth remembering that, even if they're not satisfied with your evidence, they won't deny your visa (if you're otherwise eligible) but they'll rather put it on hold until the domicile issue is fixed (i.e. in that case, the USC will have to move back prior to the UKC to re-establish domicile).
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Old Mar 18th 2011, 1:49 pm
  #349  
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Default Re: July/August I-130 DCF filers come here!

Thanks for the responses. It does appear that we might have a problem then as my wife (who is the USC) is living with me and working in the UK. We have already started assembling proof of her intent to re-establish domicile, but I guess we'll just have to see how it goes and be prepared to change our plans and be apart for a short while if it doesn't go our way.
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Old Mar 18th 2011, 6:41 pm
  #350  
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by C_C
...the ConOff in our case specifically told me that we clearly qualified through our assets, but that the sponsor was required to have a US domicile.
While this is all water under the bridge now, he was wrong... and someone should have told him so! The regulations allow for the sponsor to demonstrate intent to domicile.

Ian
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Old Mar 21st 2011, 11:05 am
  #351  
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by ian-mstm
While this is all water under the bridge now, he was wrong... and someone should have told him so! The regulations allow for the sponsor to demonstrate intent to domicile.

Ian

You are correct Ian.

Though I think in all our cases it wasn't the ConOff asking for this stuff but rather the woman you see prior to getting to the ConOff. I assume she was just trying to ensure that application would go through smoothly.

Also, most people are so nervous at the interview that we don't really have the confidence to do any arguing at all.
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Old Mar 21st 2011, 11:05 am
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Smile Re: July/August I-130 DCF filers come here!

Well that was quick

My visa was approved on Thursday and it arrived this morning
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Old Mar 21st 2011, 3:54 pm
  #353  
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Default Re: July/August I-130 DCF filers come here!

Those people can be a major pain, sometimes asking for things that aren't required and other times handing back things that are not specifically required but that help document something.

And yes, people can be their own worst enemy by not speaking up or asking questions when they have the opportunity, and then later they have to try to figure out what happened and why.

Regards, JEff


Originally Posted by shayward
Though I think in all our cases it wasn't the ConOff asking for this stuff but rather the woman you see prior to getting to the ConOff. I assume she was just trying to ensure that application would go through smoothly.

Also, most people are so nervous at the interview that we don't really have the confidence to do any arguing at all.
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