VisaOfficer:


Good morning,

It's probably in the very large stack of DNA kits that is sitting on my dek. I'll go through them this morning, so if yours is among them, someone should contact you today or tomorrow to set up an appointment date.

bucciepie:
Dear VO,

My wife and son had their interview today, and the CO gave her a form 221g for domicile.

The VO is of the opinion that I have to move to the USA before my Wife and son can be granted the IR1 and IR2 Visa.

I have enquired on this trend about this before and the 221g form that she was giving also stated that I don't have to be physically present in the united state to prove domicile. It is enough to show intent to relocate at the same time as my family.

We have an admission for our older Sons ( both American Citizens as well). I have a lease agreement, I have a bank account and I have been transferring money ( up to $55,000), I have registered to vote and even voted in the last election, I am a registered resident of Connecticut ( I have my state ID). I have evidence that I have been applying for jobs. My brother is my joint sponsor.

I really would like to move with my family on the same day. We don't want to be separated.

Our case numbers are ( LGS2014717010 and LGS2014717008). I have already send a mail requested for another interview tomorrow.

Your kindly help will be appreciated.

Thank you.

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.

bucciepie:
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.

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:


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.

bucciepie:
I understand your concern but since the intention of this VISA category is to keep family united.

Will confirmation of resignation from my Job in Nigeria and a letter from my Landlord that she is aware that I will give up my rent once our visas have been approved be enough proof that I mean to relocate with my family on the same day?

The last time I lived in the USA was 1985 with my parents but I have 2 siblings who also currently reside in the USA ( One of them is my co-sponsor). I certainly won't be asking for this if I have not made up my mind to go back to the USA.

Thank you.

VisaOfficer:


Good morning,

DNA testing isn't compulsory in all cases, and actually we suggest it in a very small percentage of cases. But we see so many cases that that is still a pretty big number! My guess, based solely on what you've written here, is that the officer will notice that you and your son applied together to visit your husband in 2013, and will therefore realize that you two have been claiming to be the child's parents for at least two years, which would likely strike me as a good sign. That's just my personal opinion, without knowing all the details of your case...

Hope this helps.

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.

angel55:
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by angel55: 2:50am
Thanks for the Good work you are doing here didn't know there was a thread like this. I recently had my baby in the US, he is in possession of his blue passport, but I intend bringing him back to nigeria with an ETC then subsequent travels he can enter and depart the US with his passport. My question is this Is it okay to bring him home with an ETC?
(Modify) (Quote) (Report) 1 Share (Share)

Jchi9876:


... how do you guys detect these cases?? Do you guys take secret "voodoo" classes

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.

bucciepie:
Thank you ma.

It is clear that we have to separate to do this.

How long can an application remain on AP. If I know that I had to do this I would have moved over a while back.

The provision for intent to domicile got me confused. I have already left my job and will leave to the USA as soon as possible.

How long must I be over there before we can ask for another interview? Do I have to go with the older boys for them to resume school?

Thank you.

VisaOfficer:



No, but we are very experienced, very well-trained, and have access to a heck of a lot of information.

[/b]Also, we can read minds.[b]

(Part of this reply is not 100% medically accurate.)

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.

angel55:
Thanks a lot it's called emergency travel certificate

Euma:
Hello VO,
Good afternoon ma'am, please I would like to ask you a question. Met this wonderful lady at the hospital yesterday, she is also going for K1 interview. We got chatting and I told her about you and how you have been helpful to us here.
She wants to know what you think about her case Ma'am. She is the beneficiary and she has 2 kids with her fiance (petitioner). She said that they have been together for like 7 years. She wants to know if having kids together with the petitioner is a red flag? She said she has photographs to show and all other evidences.
Their relationship appears to be genuine to me too. She is waiting for your response Ma'am, and I want her to relax
Thank you.

VisaOfficer:


Please reassure her that having children with someone is pretty strong evidence of a bona fide relationship!

Badgers14:
Good day Ma,

I have question, a petition filed by a USC for his siblings on 07/2014, petition was transferred to CSC.

Currently California Service Center are processing petitions they received March 2011. Considering the waiting times for this visa catergory, this is 4 years behind already before they start processing.

when I check the Visa bulletin NVC are processing F4 cases from 15 April 2002 which is Almost 13 years behind.

Heres my question, the NVC date of 15 April 2002 what date are they referring to , the date USCIS received the I130 or the date USCIS approved the petition??

sorry this sounds confusing , I am very confused, hope you will understand my question am trying to get the idea of how long it will take from the day USCIS receives I130 for siblings to the day NVC will issue Visa numbers

VisaOfficer:


15 April 2002 is the current cut-off date for the F4 visa category. In other words, F4 petitions with a priority date on or before 15 April 2002 are now current -- that is, eligible to be scheduled for an interview. The priority date is the date on which the petition was filed, not the date on which it was approved. In other words, today at the Consulate we will interview and issue visas to some F4 beneficiaries whose petitions were filed on or before 15 April 2002.

So, here's an interesting fact: As long as the petition is approved in time to be scheduled for an interview as soon as the case is current, it's actually in a beneficiary's interest for the case to remain pending a little bit longer! Why? Because USCIS doesn't penalize families by counting the time that a petition was pending against them. In other words, if one of the children turns 21 before a visa becomes available, under the Child Status Protection Act (CSPA), the time that passed between the date of filing and the date of approval is subtracted from the child's age; and if the CSPA-corrected age is under 21, the child can still be included as a derivative.

So if a case was filed with the California Service Center in April 2002, and one of the children in the case was 11 years old at the time, and now that the case is current the child is 24, it would be a great thing for the family if after being filed, the petition was in limbo for four years before being approved. Those four years can be subtracted from the child's age on the date on which a visa became available -- meaning that for our purposes the child is only 20 years old and can still be included as a derivative in the parent's case.

Does this help?

SirAweezy:
Morning VO, I don't know if you can be off help to this mind bugging question.

My wife and I had been married for two years
She presently in her 1st trimester (due september this year).

I work in a bank earn 400000 naira per month
And she works with a multi media firm 3000 usd per month. We have been working for 3-4years now.

Now we want to first visit the US come this May 2015. Before deciding if we can have our baby in the US come September.

Morealso, we are looking at choice of invitations. A friend who stays in MD good Job been there for 15years(he lives in my house when ever his in Nigeria) or an Uncle who live in texas own an health centre and also very close to me.

Please advice if you think we stand any chance at all and possible things we should take note of during the interview.

Thanks.

VisaOfficer:
A note about wait times.

U.S. immigration law and policy give preference to some categories of beneficiaries over others. Spouses and unmarried children are always given preference over married children and siblings. In fact, Legal Permanent Residents (LPRs) can only petition for their spouses and unmarried children; only U.S. citizens can file on behalf of their parents, married children, siblings, and fiance(e)s.

Some categories of visas are numerically unlimited and have no wait time (other than the time it takes for their petitions to be approved and sent to post, that is). These are the Immediate Relative visas with U.S. citizen petitioners: IR1 (spouse), IR2 (minor child), IR5 (parent). This is another of the advantages of being a U.S. citizen.

Even so, the spouses and unmarried children of LPRs take precedence over some categories of U.S. citizen relatives -- married children of U.S. citizens, and siblings of U.S. citizens, have longer wait times than the spouses and unmarried children of LPRs. These different types visa categories, which are all numerically limited, are as follows:

F1: The unmarried sons and daughters of U.S. citizens -- shortest wait time (usually)
F2: The spouses and children of LPRs: F2A: Spouses and Minor Children of LPRs and F2B: Unmarried Adult Children of LPRs
F3: Married sons and daughters of U.S. citizens
F4: Brothers and sisters of adult U.S. citizens -- longest wait time

Sometimes there are slight variations. For instance, for a while all F2A cases were current, because there were fewer F2A cases pending than there were F2A visas available. F2Bs had a shorter wait time for a little while and then the cut-off dates retrogressed again. F1s and F2Bs sometimes change places on the above list depending on how many have already been issued in a given year. And, countries such as Mexico and the Philippines have SO MANY petitions pending in some of these categories that their wait times can be much much longer compared to the rest of the world.

The U.S. welcomes around one million immigrants every year -- more than any other country. To be fair, in terms of population, that gives us an immigrant inflow of around 0.4%, while Luxembourg leads the world with an immigrant inflow of around 2.9%. But considering the size of Luxembourg, that's like 16 people. [Little joke there; it's actually 16,000.] And most countries don't have a category for siblings at all.

So, yes, it's frustrating to wait for 13 years for your F4 visa. But I hope this put the wait time into perspective. Hang in there.

pretty16:


Good morning ma'am, and how are you doing today? I just Wanted to ask, based on what you have written, The new immigration Law, once it has taken effect, Do u think it will affect changes on the wait times for all categories by making it shorter, or is the Law favorable only to the illegal immigrants in the U.S??