Regarding Immigration Visa - Family based -Spouse sponsered

[rgangur]

Hi,

  I have applied for Immigration visa for myself and my daughter , based on My Spouse who is a citizen of United States of America by virtue of birth in US and she has US passport. Currently we are in India and both of us work in India.  My Spouse has returned at age of 5 from US and later has not worked or visited US.  She submitted petition in New delhi which got approved and post that with all necessary documentations went to interview in Mumbai. . However in Immigration interview, I have been refused the immigration visa on the ground that My spouse has not proved her US domicile, required under law 212(A).   They have mentioned some options like Bank account, Voting records etc but Since she lived   in India for almost 25 yrs now and worked here , hence tax returns are done in India only but VAC officers were expecting US tax returns.  

Can somebody suggest exception or way to re-establish same with USA.?

Thanks and Regards,

******

[pontevecchio]

Get in touch with the firm of Murthy for guidance. She may need to involve a CPA in the USA to find out what to do since she presumably never filed US TAX returns .

[Alexander-2017]

My understanding is that your spouse (who is a USC) is living abroad, perhaps in India, right? A USC cannot sponsor anyone if they don't live in the USA. The concept of sponsorship is that a USC who lives in the USA can sponsor his/her spouse to join him/her and live together in the US.

 

He must:

 

1) Live on the US soil.

2) Have filed tax returns to prove that he can support you financially when you join him/her in the US.