How Do I Document My Efforts To Return To My Principal Domicile To The Us?

[TyGrr]

"Petitioner please document your efforts to return to your principal domicile to the US within 6 months"

Hi, I sent them a letter from the people who will be hiring me, it showed that I was hared and had a job waiting. They rejected this. I contacted the embassy and asked for more information and they said..

"The law places evidentiary burden upon petitioners requesting visas for alien relatives to demonstrate their principal residence will return to the US within 6 months. If you need advice or assistance producing evidence please consider engaging private counsel.

Immigrant Visa Unit

So since the lawyer said the work letter would do the trick and it did not what should i do?

I find this all silly as I just want to go to the USA with my wife and that is why I am doing this. What "proof" are they after?

Thanks.

[TyGrr]

Has anyone else had to do this? It is the only thing keeping my wife from getting the visa.

Thanks.

[Thanyaburi Mac]

I don't really understand your post.

Are you Thai and requesting an Immigrant Visa to the U.S. for yourself?

Or, for your wife?

Are you living in Thailand?

Mac

[TyGrr]

Sorry that I was not clear.

I am living in Thailand with my Thai wife. I am an American. I need to send "proof" to the USA embassy that I want to go back to the USA in the next 6 months to get the visa for my Thai wife. However they are not even giving me hints as to what they are looking for. My lawyer thought they would want a letter from my employer showing that once I went back to the USA I would have the job. However the embassy ejected this and is still asking that I prove that I plan to return to the USA in the next 6 months.

I really have no idea what to do as I can not find any guidelines.

Thanks.

[Thanyaburi Mac]

So, apparently you are applying for an Immigrant Visa for your wife. Correct??

http://bangkok.usembassy.gov/immigrant_visas.html

Have you filed the form I-130 and associated forms with U.S. Immigration at the office that covers the where you'll be living in the U.S.?? That's explained here:

http://bangkok.usembassy.gov/immigrant_visas/immigrant-visa-process.html

Alternatively, if you have lived in Thailand for perhaps a year, you can file the I-130 locally at the DHS CIS office on Wireless Road. Is this what you are doing??

However, you say you are "talking" with the Embassy here in Bangkok. If so, that implies that the Immigrant Visa for your wife has already been approved by DHS CIS, and the approval has been sent to the Embassy's Consular Section for processing. Is this the case?

I wonder if this is part of your "problem," proving that you live in the U.S?? See explanation here:

http://bangkok.usembassy.gov/immigrant_visas/domicile.html

Mac

[TyGrr]

We have done everything, even the interview and all. The only thing now holding this up is me proving that I will return to my home in the USA in 6 months or less. I have already proven that I have an address in the USA and that I have a job waiting for me.

Honestly the only thing I can think of doing is just going to the USA however it would be nice if we could travel as a family.

I even talked to a lawyer about this and he has no idea other than tell me to ask for more information. But as you know the US Government will not tell me what they want. Again what they told me....

"The law places evidentiary burden upon petitioners requesting visas for alien relatives to demonstrate their principal residence will return to the US within 6 months. If you need advice or assistance producing evidence please consider engaging private counsel.

Immigrant Visa Unit

If I can't get this sorted my father is going to go ask our congress women. Really we have no idea how to prove this and we can not find a guideline about this anywhere.

Thank you.

[TommoPhysicist]

Air tickets for the both of you?

[MrRealDeal]

Just write a letter explaing it and what you have done ....... I am returning to my principal resedence in the US, it is located at XXX adress, on XXX date ...... using XXX Airlines ........ bla bla bla

Include copies of your itinerary and E-mail from airlines or "ticket", confromation number if you like

I think you are to concerned with what it says or how they worded it ...... all they really want is some peices of paper because some box needs to be checked that tells them they need some.

Just rephrase it like this ...... Please send us a signed letter and copys of your flight , stating your principlal resedence is in the US and you have made an effort to return in 6 months by purchasing a ticket.

Document your efforts .... is a fancy way of asking for a letter. They just want you to state in wrighting that the US is your principle res and saying you are returning in 6 months , and see a copy of some sort of emal or ticket to verify your claims.

They asked you to "demonstrate" it ..... not "prove" it beyond a shadow of a doubt, and simply pointed out that thats your job not theirs but need to be in the pile of paperwork

You are making way more out of it than you need to.

Edited January 15, 2013 by MrRealDeal

[TyGrr]

They specifically told me not to buy airline tickets until after we had the visa, however doing exactly what they told me to not do seems logical at this point. Also I have repeatedly told them, in person, in writing and in e-mail that I wish to return to the USA and everything has been rejected. I guess I will just try sending a letter every day explaining all of this again until they give up or just let us get the visa.

I had assumed at first this is all they wanted but because we have been rejected so many times I was wondering if I was just missing something. They should really make this policy more clear and explain it in writing somewhere on their website or when someone requests information about it.

Thanks.

[TyGrr]

I e-mailed them asking if a photo copy of plane tickets to the USA would work and they sent back "The Embassy recommends against making any travel plans before applicants have a visa."

They would not even tell me yes or no...

[bangkokburning]

This might be expensive but I think is what is really needed. Return to states and obtain a driver lic, voter reg card, banking statement and anything else you can secured to an address. Taxes paid from that address.

Auto reg, insurance

Some form of bill

Mail posted to you at said address

Lease in your name

[ubonjoe]

To prove, establish or reestablish domicile, a sponsor must set up a principal residence, in the United States. This would entail obtaining a residence (house or apartment) and taking up physical residence. There is no minimum time required to establish residence, but a credible demonstration of an actual residence in the United States is required.

A convincing combination of the following types of action might be considered as an indication of residence:

• Establishing an address in the United States
  
• Setting up and maintaining bank accounts in the United States
  
• Transferring funds to the United States
  
• Making and maintaining investments in the United States
  
• Seeking employment in the United States
  
• Applying for a social security number
  
• Voting in local, state, or federal elections
  
• Enrolling children in schools
  
• Paying U.S. income taxes
  
• Taking steps to relinquish residency in a foreign country
  

More info here on embassy website: http://bangkok.usembassy.gov/immigrant_visas/domicile.html

Edited January 24, 2013 by ubonjoe

[SeabagsFull]

I faced a similar situation as you a couple of years ago. I did a Direct Consular Filing for an I-130 for my Thai wife. At that time, I hadn't lived in the U.S. for seven years.

In obtaining the visa for your wife, you need to show that you have a bonafide place to stay in combination with one or two other items listed by Ubonjoe in this thread. I got my U.S. daughter in Fresno to write a one paragraph letter stating that my wife & I would be living with her on my return; she emailed the letter to me. In my comments on Form XXX (don't remember), I mentioned that we'd be looking to buy a house after initially settling with my daughter.

In my case, I had maintained a US bank account (USAA), & my wife had recently transfered some money to my account. This worked hands down for us. Hope this helps.

[chanwit]

"We have done everything, even the interview and all."

I post with knowledge learned while helping my son immigrate his Thai wife to the US.

In his case he frequently visited his Thai wife for 2 years in Thailand but he always returned to the US after a short stay.

You said "We have done everything, even the interview and all."

Does that mean that she walked away with an Immigrant visa to enter the US (Valid to use for 6 mos.)

or did she walk away with a 'application does not comply' document.

If so, this document has boxes that are checked for the reason the visa was refused.

One box if checked asks for missing petitioner (you) information like tax returns from previous year and copy of passport.

I know friends that don't file tax returns because of no or little income but that could be a problem here if that box was checked.

My son had offered his tax return but by the time of the interview the date was stale (not current year) and had to send it again.

This is also a problem with petitioners that file late returns or their current year cannot be accepted waiting for T.I.Ns.

My 2009 tax return was not IRS accepted for 1 year waiting to receive the TIN for my wife. (IRS will hold the return pending a TIN or SSN)

In summary, does your Thai wife have the visa in her Thai passport (good for 6 month) or does she have the rejection letter, or what else?