VisaOfficer:


If someone contacts us at least once a year, the case will stay open.

There is no minimum time to establish residence, but a credible demonstration of an actual residence in the United States is required. If the officer is convinced that the petitioner has in fact taken up residence in the U.S., the applicant will be able to receive his or her immigrant visa. A convincing combination of several of the following types of action might be considered as an indication of U.S. domicile:

Establishing an address in the United States
Setting up a bank account and transferring funds to the U.S.
Making investments
Seeking employment
Applying for a Social Security number
Voting in local, state or federal elections

Please keep in mind that this is all a bit nebulous, but the bottom line is that the officer has to be convinced that you have established domicile. If you have a Social Security Number but haven't lived there in 30 years, it's not going to be enough to tell us that you have a Social Security Number. We're going to want to see that you actually reside in the U.S. and intend to continue to do so.

VisaOfficer:


I would certainly not grant a visa to your beneficiaries in this case until you, the petitioner, have yourself established your own domicile in the United States. It's not like you've only been away for six months -- you literally have no domicile in the United States. Indeed, you have a job and a home in Nigeria and are clearly domiciled here. Frankly, I'm not sure why USCIS approved your petition.

VisaOfficer:


When did you last reside in the U.S.? Not just visit, but reside there? If it's been a very long time, we will probably ask that you establish domicile there before we would issue the visas. If you haven't been domiciled in the U.S. for decades, our concern that you don't really intend to return there with your family would be even greater.

VisaOfficer:

Thanks Madam.

I certainly intend to relocate with my family and I have taken steps to do so.

I want to move back because of my children's educations. All the schools that I prefer here are boarding schools and I don't want my family to be separated in anyway or my kids going to a boarding school, which was why I did some research and found Pine Point School CT. We have had several interview with the school view Skype and I have been to the USA to see the school and to pick up my children's admission.

I am ready to start living in the US but would prefer to do it with my family. I have 3 boys and it will be difficult to leave them alone with my wife and If I chose to go with the older 2 that are citizens already. I will be separating their 2 years old brother from them ( which I would prefer not to do, they are really close).


Your kind help will certainly be appreciated.

Thank you.


Greetings!

The purpose of an immigrant visa is to reunite families in the United States. If the petitioner is not domiciled in the United States, there's no reason for an immigrant visa to be issued.

If the officer is not convinced that the petitioner at least intends to relocate to the United States with the family. the visa will not be issued.

It sounds like you do want to convince the officer that you intend to relocate with your family. You're following the process correctly by asking for a follow-up appointment, although it won't be possible to schedule an appointment tomorrow. Someone will contact you soon.

VisaOfficer:


Well, the I-864a isn't the right form, so I'd advise you to file the I-864W as requested.

VisaOfficer:


If it's an IR2 under the age of 18, you can use the I-864W.

VisaOfficer:

Thank you for the kind words! From what you've written here, you should be in good shape.

VisaOfficer:

Greetings! The interviewing officer must be convinced that the petitioner indeed intends to return to the U.S. with the beneficiaries and establish domicile together there. The legal standard is pretty flexible; what convinces me might not convince someone else. But we are, generally, reasonable. If you can show evidence that the petitioner is actively looking for a job, that would be very helpful!