Published on Lawyers.com and the Epoch Times on January 16, 2015
Q & A 1. 2. 3. 4.
Q&A 1.
Does the National Visa Center Would Require Me to Prove Domicile in U.S?
I am a U.S citizen by birth living in Egypt. I want to apply for the green card for both my husband and my baby whose 7 months old. I don't have a domicile in U.S as I haven't lived there. Can I prove domicile without traveling alone to U.S and leaving my baby alone during the process?
Mr. Lee answers:
The question of domicile usually comes up at the time of the consular interview for the immigrant visas. At that time, you would be asked to show that you have some domicile in the country. Items that the consular officer may be looking for would be a job offer from the US, transfer of bank accounts to the US, purchase of a residence, registering to vote, etc. I also note that if you have the required residence of having lived in the United States for five years prior to the child's birth, two which were after the age of 14, your child is a US citizen and you should be able to obtain a US passport for the baby so that the child travels with you to the country.
Q&A 2.
I Am A F-1 Student
I will graduate in December. My fiance is a American citizen; he and I have a HUGE age gap (let’s say 30+); we are trying to get married.
Mr. Lee answers:
The age gap is a factor that U.S.C.I.S. looks at in attempting to determine whether there is a bona fide marriage. If you marry and are sponsored by your older husband, you and he would have to gather up all other indicia of a real marriage such as lease or deed, utility bills, telephone bills, banking statements, photographs, credit card statements, etc. Convincing proof would be the birth of a child. But U.S.C.I.S. does look at all factors in determining whether a relationship exists in which both parties are living together as man and wife.
Q&A 3.
Form I-864
I am a business owner and trying to help one of my closest friend's sister to sponsor her and his spouse who is adjusting status through marriage. Could you please help me out to explain whether I need to include her (citizen) and her spouse (adjusting status) in I-864 form which indicated that I am sponsoring both of them?
Mr. Lee answers:
In your I-864, you are only sponsoring your friend's sister's husband and not the sister. Therefore you would only put him down on the form and only indicate one person as the number of people that you are financially supporting.
Q&A 4.
Refused Visa at the U.S. Embassy
I am writing this on behalf of my aunt. Her husband had recently applied for American lottery. And they won. Every document they submitted was accepted and was correct. The doctor check out was also fine. But on the interview date, the agent refused the visa to them saying that the level of his education is not enough. But that’s just crazy. The minimum requirements when applying for American lottery is High School. And he had that! Now I wonder what can be done in this case? Can this decision be appealed?
Mr. Lee answers:
If your aunt's husband believes that the decision was incorrect, he can ask for reconsideration of his case at the embassy. If there is a refusal to reconsider, he can appeal his case to the Department of State which can correct consular errors of law. You would also have to have the problem solved and be able to immigrate by September 30th since the diversity visa eligibility would expire after that day.
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