Transcript of the above video:

As the title of this video suggests we are discussing domicile. We are discussing this in the context of IR-1 and CR-1 Immigrant Spouse Visa cases processing through the National Visa Center, that is the NVC. 

I have to say, not an overly huge fan of the NVC in the context of much of anything. They are quite a quagmire at the best of times and they have had a lot of functions moved to them in this very unaccountable, digital platform kind of way. Well frankly back in the old days here in Thailand, what were called local filings could be perfected through the local office of USCIS, the Immigration apparatus. We didn't really have to deal with the NVC, those were better times. These days, everything has got to go through NVC and they are a real nightmare at the best of times. One thing that really sticks out at me that just rankles me is in family Visa cases especially where folks are living abroad, the whole family is together including the American where they are married to their foreign spouse, let's say Thai spouse for purposes of this video, and they are living here and they are looking to go back to the United States but they want to go back with their family. They don't want to go back ahead of time. Domicile becomes a really tricky issue. I have got years of dealing with domicile through the Embassy here and Consular Officers, it is always one I think they have always misunderstood the legal meaning of domicile in fact they do misunderstand the legal meaning of domicile in a very real sense. Domicile is something we deal with in Law School like within the first few weeks. In fact I think in Civil Procedure it is like the first thing you talk about in Civil Procedure is the notion of domicile. It is not this major threshold to overcome; it is just a place you live and you have an intent to return to. It is not proving all this up. 

Department of State has always taken a very weird view in my opinion, I am just going to go out there and say that. Now I don't hold it against them, I think it just became entrenched as a bureaucratic paradigm. The problem with it now is that the NVC is doing it, it is like it is automated and there is no upside. In my opinion is people that really shouldn't be adjudicating because it is not the Consular Officer. The issue of domicile has always been adjudicated, in my experience, in the interview by the Consular Officer. It especially was before NVC went digital. You sent in your documentation to NVC, as long as it was all there they moved it forward to the Embassy to clear that case. Yeah it might have taken a little longer at the interview but at least you are not dealing with this brick wall where you have got someone that doesn't understand, I shouldn't say it doesn't understand but you seem to have a system that does not want to understand the nuances in a given case regarding the issue of domicile and you are seeing these cases get gummed up or stuck in a log jam or a feedback loop if you will; almost a catch-22 and in some cases the person that is living abroad has almost no choice but to return to the United States without their family in order to move the log jam of domicile and get on down the road. 

That being stated, it depends on the circumstances of a given case how you deal with domicile but just my thinking, this is kind of an op-ed piece if you will I just don't think NVC should be involved with the issue of domicile period. If there are going to be domicile issues in a case, it should come up with the Consular Officer at the interview level at an Embassy abroad.