CR1 visa refusal because Petitioner needs US domicile

ItaliaAmerica

New Member
Hello,
I am a U.S. citizen and I am married to an Italian citizen we both work in Italy and have seasonal jobs where we work 8 months in Italy and then have 4 months to travel. I called USCIS February 2012 to ask for advice for a visa for my husband so he can stay 4 months in the U.S. with my family and I and also be able to enter the country again after staying 3 months if there was ever a family emergency. I was recommend by USCIS to file a petition I-130 form. I personally submitted the form at the American Embassy in Rome in July 2012 because I was told to submit the form about 3 months before we were supposed to travel to the US. Our petition was approved October 2012 and we made an appointment at the US Consulate in Naples, Italy on November 6, 2012. At the appointment we received a refusal sheet with Section 221(g) marked with the comments "must prove pet's domicile; 2011 taxes from pet with W2; and joint sponser with supporting documentation as needed." We gathered all the documents the Consulate asked for and returned December 4, 2012 for another appointment where we received another refusal sheet marked with section 221(g) "the joint sponsor requires proof of citizenship, I864 must be an original and taxes are required from the petitioner." We then made another appointment and returned to the consulate January 8, 2013. This time we had all the documents needed but we were told that they could not give us a visa because I do not have US domicile because even though I live in the US half the year I do not have a job in the US and the consulates only advice for me is to go back to the US and get a job (because thats the only way to get my US domicile back) and stay at least a year separated from my husband. After the first appointment we asked if we can cancel the visa process and we were told that while our case is pending we can not cancel and if my husband tries to enter the US he will be banned to enter for a long time. After our last appointment I asked again if we can cancel this process because it seems we are no longer pending and the interviewing officer said she didn't know and did not have the authority to do so we would have to contact USCIS. So after the interview I called USCIS and they told me the Consulate is the only one that can cancel or withdraw my application. I am wondering WHO can cancel or withdraw our application? and if it's possible my husband can travel to the U.S.A.? Can he apply for another visa or from now on just an immigration visa? Any help would be greatly appreciated the Consulate in Naples is extremely unhelpful they have no phone number and the only way to contact them is an email that never gets a response or you make an appointment which is only available every couple months and nobody there has any answers or is willing to help in any way. My husband and I are just trying to do the right thing and it doesn't seem right that the only answer is that a married couple has to be separated for at least a year.
 
Yes my mother who lives and works in the US filled out and signed form I-864 as a joint sponsor. And I asked them why we can't get a visa if we have a joint sponsor? and they said that I-864 is only for poverty guidelines and that the petitioner can't petition someone if they don't have US domicile. I also gave them my 2011 tax information. But even though I was born in the US and have lived there my entire life except for when I worked and lived in Italy from April 2012 to October 2012 I lost my US domicile.
 
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