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Filed: Timeline
Posted

this is regarding a friend's case...

My friend is the petioner (siblings).The petitioner wants to quit his job and wants to leave the USA one month before the beneficiaries will land/arrive in the usa.Can he do that?what about the beneficiaries ,what will happen to them at the POE ,will there be any problem if they found out that the petitioner quit his job and he is outside the usa when the beneficiaries arrive? Pls Help. Thanks to everyone.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

this is regarding a friend's case...

My friend is the petioner (siblings).The petitioner wants to quit his job and wants to leave the USA one month before the beneficiaries will land/arrive in the usa.Can he do that?what about the beneficiaries ,what will happen to them at the POE ,will there be any problem if they found out that the petitioner quit his job and he is outside the usa when the beneficiaries arrive? Pls Help. Thanks to everyone.

I'm not sure I understand your post. Who is he petitioning for, and what kind of visa?

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: Timeline
Posted

I'm not sure I understand your post. Who is he petitioning for, and what kind of visa?

He petitioned his brothers (f4).They already have their visas and will be going to the usa by september, my friend is the petitioner and wants to quit his job, leave usa and go china.the question is

will his brothers have problems at the port of entry if they found out the petitioner has no more job?

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

He petitioned his brothers (f4).They already have their visas and will be going to the usa by september, my friend is the petitioner and wants to quit his job, leave usa and go china.the question is

will his brothers have problems at the port of entry if they found out the petitioner has no more job?

If there's going to be any problem it's going to be with the affidavit of support. I'm trying to find a definitive answer on this, but I'm coming up empty handed.

A qualifying sponsor who signs an affidavit of support must be domiciled in the US, or establish domicile at or before the time the immigrant enters the US. If they don't meet the domicile requirement at the time the immigrant enters the US then the immigrant can be denied entry on the "public charge" basis. This alone would be reason enough to deny his brothers entry.

A sponsor who signs an affidavit of support is also required to inform USCIS within 30 days of any change of address by submitting an I-865 form. Failing to do so can result in a fine between $250 and $2000. What I haven't been able to determine is if a sponsor can change their residence to an address abroad, effectively abandoning their domicile in the US, without risking the immigrant becoming inadmissible because the affidavit has become unenforceable. There's nothing in the INA or Adjudicators Field Manual about this, that I could find. On the one hand, the form DOES provide a place to list the country for the sponsor's new address. On the other hand, there is no mailing address provided for people whose new address is not in the US or one of it's territories.

As far as his job is concerned, there is no requirement that a sponsor notify USCIS if their financial status changes (e.g., they quit their job). A change in their financial status does not change their obligation under the affidavit of support.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
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