Weirdest case

[Pipe 0]

Hey everyone.

I've been reading quite a lot the Immigration and Nationality Act but haven't been able to find an answer to my situation.

My mother is american, but she's lived overseas most of her life. I'm living with her outside the U.S. and she has no plans on moving back there. As for me, I would like to move up to the U.S. as a lawful permanent resident.

I fall into he category of unmarried son over 21 years old.

The question is, can my mother file a petition for me under the I-130 form through an american embassy seeing that she's not living in the U.S. and has no intentions of moving back there?

Thank you all.

[diadromous mermaid 36]

Hey everyone.

I've been reading quite a lot the Immigration and Nationality Act but haven't been able to find an answer to my situation.

My mother is american, but she's lived overseas most of her life. I'm living with her outside the U.S. and she has no plans on moving back there. As for me, I would like to move up to the U.S. as a lawful permanent resident.

I fall into he category of unmarried son over 21 years old.

The question is, can my mother file a petition for me under the I-130 form through an american embassy seeing that she's not living in the U.S. and has no intentions of moving back there?

Thank you all.

Petitions can be filed by petitioners that reside abroad, but once the petition is approved and a visa becomes available, before the beneficiary of the petition (alien) can come to the USA the petitioner must establish US domicile.

[Pipe 0]

Petitions can be filed by petitioners that reside abroad, but once the petition is approved and a visa becomes available, before the beneficiary of the petition (alien) can come to the USA the petitioner must establish US domicile.

So the process should start by my mother filing the petition through the I-130 @ the local embassy and then after, applying for a visa number or...?

Edited August 9, 2008 by Pipe

[desert_fox 32]

Hey everyone.

I've been reading quite a lot the Immigration and Nationality Act but haven't been able to find an answer to my situation.

My mother is american, but she's lived overseas most of her life. I'm living with her outside the U.S. and she has no plans on moving back there. As for me, I would like to move up to the U.S. as a lawful permanent resident.

I fall into he category of unmarried son over 21 years old.

The question is, can my mother file a petition for me under the I-130 form through an american embassy seeing that she's not living in the U.S. and has no intentions of moving back there?

Thank you all.

You may be entitled to be a US Citizen if certain parameters are met.

[Boiler 46,086]

You need to define most of her life.

Has she been filing taxes?

[Pipe 0]

I'm not entitled for citizenship... She didn't live in the U.S. the required years for me to get the citizenship... She hasn't filed for taxes either, that's why I'm seeing if I could the green card and move up there without having her to be there.

What should I do?

[chuckb 0]

Hey everyone.

I've been reading quite a lot the Immigration and Nationality Act but haven't been able to find an answer to my situation.

My mother is american, but she's lived overseas most of her life. I'm living with her outside the U.S. and she has no plans on moving back there. As for me, I would like to move up to the U.S. as a lawful permanent resident.

I fall into he category of unmarried son over 21 years old.

The question is, can my mother file a petition for me under the I-130 form through an american embassy seeing that she's not living in the U.S. and has no intentions of moving back there?

Thank you all.

You may be entitled to be a US Citizen if certain parameters are met.

Automatic US Citizenship for Foreign Born Biological Children of a US Citizen appears to only be available for children under 18 years of age.

According to the instructions for the I-130, under where to file, Petitioners residing abroad, you file the petition at the USCIS office overseas or the Embassy or consulate having jurisdiction over the area where you live.

I'm assuming your mother is still a citizen...

This information and more is available at: http://uscis.gov

Good Luck

[Pipe 0]

Hey everyone.

I've been reading quite a lot the Immigration and Nationality Act but haven't been able to find an answer to my situation.

My mother is american, but she's lived overseas most of her life. I'm living with her outside the U.S. and she has no plans on moving back there. As for me, I would like to move up to the U.S. as a lawful permanent resident.

I fall into he category of unmarried son over 21 years old.

The question is, can my mother file a petition for me under the I-130 form through an american embassy seeing that she's not living in the U.S. and has no intentions of moving back there?

Thank you all.

You may be entitled to be a US Citizen if certain parameters are met.

Automatic US Citizenship for Foreign Born Biological Children of a US Citizen appears to only be available for children under 18 years of age.

According to the instructions for the I-130, under where to file, Petitioners residing abroad, you file the petition at the USCIS office overseas or the Embassy or consulate having jurisdiction over the area where you live.

I'm assuming your mother is still a citizen...

This information and more is available at: http://uscis.gov

Good Luck

Thanks for the info bud... I've read the same thing about filing it from the embassy.

The thing is that in the form DS-230 for the visa number, it asks for the address where I'm intending to live there... and my mum's w2 forms or taxes forms (which she obviously doesn't have).

[Boiler 46,086]

I'm not entitled for citizenship... She didn't live in the U.S. the required years for me to get the citizenship... She hasn't filed for taxes either, that's why I'm seeing if I could the green card and move up there without having her to be there.

What should I do?

If you want to emmigrate through your Mother she will need a US Domicile, be able to financially sponsor you and file her taxes.

Otherwise you would need to look at alternative options, work, study etc.

[Pipe 0]

I'm not entitled for citizenship... She didn't live in the U.S. the required years for me to get the citizenship... She hasn't filed for taxes either, that's why I'm seeing if I could the green card and move up there without having her to be there.

What should I do?

If you want to emmigrate through your Mother she will need a US Domicile, be able to financially sponsor you and file her taxes.

Otherwise you would need to look at alternative options, work, study etc.

she can prove that she can sponsor me from here.. the thing is... how can she file her taxes even tho she's never worked there before?

[desert_fox 32]

I'm not entitled for citizenship... She didn't live in the U.S. the required years for me to get the citizenship... She hasn't filed for taxes either, that's why I'm seeing if I could the green card and move up there without having her to be there.

What should I do?

If you want to emmigrate through your Mother she will need a US Domicile, be able to financially sponsor you and file her taxes.

Otherwise you would need to look at alternative options, work, study etc.

she can prove that she can sponsor me from here.. the thing is... how can she file her taxes even tho she's never worked there before?

Should be an office at the US Consulate there, called US Citizen Services, or something like that. They have all the tax forms, SS forms etc. I would doubt if she owes anything, but needs to file if she meets the requirements for filing.

[aaron2020 11,651]

The US tax rule is that a US citizen must report and pay taxes on all income. This includes all income earned outside the US by US citizens living abroad.

Your mom should have been reporting her income for all these years. It could be a problem in showing her ability to support you without US tax returns.

You might want to consider a student visa or an employment visa.

[Pipe 0]

The US tax rule is that a US citizen must report and pay taxes on all income. This includes all income earned outside the US by US citizens living abroad.

Your mom should have been reporting her income for all these years. It could be a problem in showing her ability to support you without US tax returns.

You might want to consider a student visa or an employment visa.

theres a regulation which states that a US citizen living abroad and being a permanent resident of a foreign country doesn't have to pay taxes if he pays taxes in that foreign country.

[Boiler 46,086]

The US tax rule is that a US citizen must report and pay taxes on all income. This includes all income earned outside the US by US citizens living abroad.

Your mom should have been reporting her income for all these years. It could be a problem in showing her ability to support you without US tax returns.

You might want to consider a student visa or an employment visa.

theres a regulation which states that a US citizen living abroad and being a permanent resident of a foreign country doesn't have to pay taxes if he pays taxes in that foreign country.

There may or may not be tax due, you still need to file.

[Pipe 0]

The US tax rule is that a US citizen must report and pay taxes on all income. This includes all income earned outside the US by US citizens living abroad.

Your mom should have been reporting her income for all these years. It could be a problem in showing her ability to support you without US tax returns.

You might want to consider a student visa or an employment visa.

theres a regulation which states that a US citizen living abroad and being a permanent resident of a foreign country doesn't have to pay taxes if he pays taxes in that foreign country.

There may or may not be tax due, you still need to file.

oki dokie thanks...

I still need to know if I can immigrate there with my mom living abroad