Dave2726

Hi all,

Background: IR-1 application, at NVC, USC spouse, both living in the UK since 2012, filed I-130 back in Aug 2020, using a joint sponsor (2xi864 submitted).

Finally had our case reviewed today after submitting all docs mid October 21. NVC has sent us a message with some interesting queries. They've asked for:

• Evidence of US domicile for my wife.
• My wife's W-2 from 2020.

Well, she has no US income since 2012 and so there aren't any W-2s (since then), which is why we used a joint sponsor. We could submit a UK P60 if that's what they want?

In terms of domicile, my wife can show that she has continuously filed taxes on time each year, voted in federal and state elections and that we have intent to re-establish her domicile in terms of job searches, researching health insurance options etc.

Given it's all in a message box, asides from one of two things that we could possible upload, we would have to write a reply as a document and upload it. Unless we have missed something and you can reply in the msg box?

What would you guys recommend (please)? It's almost as if they haven't noticed the joint sponsor!

Thanks!

Navybean

Hi Dave,
Sorry I can't help with your query but I am just wondering if you managed to resolve it, as I am now in a similar situation and noticed you did not receive any replies. I am the applicant and my wife is the US citizen with joint sponsor being my mother-in-law as my wife is currently unemployed. She has been asked for proof of domicile, but cannot provide it currently as we live in the UK.

Thanks in advance.

Kind regards

NB

tht

Domicile and residence are not always the same.

Dave2726

Hi Navybean,

As tht has said, residence and domicile can be different. All sponsors must meet the requirements here:

https://travel.state.gov/content/tra...aqs.html#aos18

I am still waiting to hear back from the NVC, my (USC) wife having uploaded 2 off brief letters explaining why she has not had a W-2 for the period requested (we live here in the UK currently) and how she intends to re-establish US domicile.

We also used the NVC public inquiry form (below) to respond directly to the two messages.

https://travel.state.gov/content/tra...s/ask-nvc.html

As soon as you upload anything to CEAC, you seem to be sent to the back of the queue with the submission date of the latest uploaded document setting your new review timescales. For us, we're expecting a response (and hopefully DQ) this week, having submitted the additional letters in January. I got a public inquiry form response last week saying they would review my CEAC status shortly (in line with the published times - https://travel.state.gov/content/tra...imeframes.html).

For what it's worth, it seems that this is a very common RFE from NVC and nearly everybody on VisaJourney applying with a sponsor also overseas is getting the same questions. It seems success is common using the response method above. Others on VisaJourney have reported success in uploading a letter to the same effect covering both these bases in advance of the first review, and hence avoiding this particular RFE.

The VisaJourney thread on this is here (for info):

https://www.visajourney.com/forums/t...pt-or-w-21099/

Good luck!

Dave2726

DQd today/last night (UK time). So the approach of writing a letter and uploading to CEAC works in response to the NVC 1099/W-2/domicile RFE where the sponsor lives outside of the US too.

Income: Explain how the sponsor doesn't have W-2s, but has filed US taxes and declared all foreign income, be sure to have submitted a transcript showing this. Further explain if and how a 1099 does not apply to you (guidance on IRS website).

Domicile: Explain how the sponsor has either maintained US domicile (eg voting, US bank accounts/credit cards, US property/assets etc) or how they will re-establish it post the move (investigating foreign house sales, employment applications or outreach to US employers, opening a bank account etc).

We did two brief letters, one for each. We did not submit any additional evidence, just the letters. We will bring evidence to interview. Good luck!