Petitioner must be domiciled in the U.S.

[jayz828 0]

Well here's the situation, my father petitioned his brothers and sisters in the 1980s. In the year 1997, he decided he wanted to retire and move back to the Philippines. Sometime around August 2010, his siblings received a letter stating that their priority date is now current. The problem is my father has been living in the Philippines since 1997. We all know that a Petitioner must be domiciled in the U.S. for a visa to be approved. At this time, my father really does not want to move back to the U.S., although his siblings are trying to persuade him to go back.

My question is, if my father were to fly back here to the U.S., would his siblings encounter problems in getting their Visa? Would the CO believe that my father is planning on staying here for the foreseeable, and approve his siblings visa. My dad just wants to know, because if it is just a small chance that they would get approved, he would not bother moving back here to the U.S. I'd appreciate any feedback from you guys. Thanks in advance.

[Penguin_ie 5,996]

He couldn't just fly back, he would need to show proof of re-establishing domicile. Ie leasing/ buying a home, getting a job here, bills in his name, driver's license etc.

[JimVaPhuong 4,863]

I agree with Penguin on this. The reason they require the sponsor to be domiciled in the US is because the affidavit of support is not enforceable on a US citizen who lives abroad. On top of this, it runs contrary to the intended purpose of family based immigration, which is to reunite families.

The petitioner must qualify as a sponsor, which means they must be domiciled in the US or prove that they will reestablish domicile on or before the day the immigrant arrives in the US. They must also demonstrate that they will maintain their domicile in the US for the foreseeable future. If either USCIS or DoS determines that his principle domicile is still in the Philippines then they'll find he's not a qualified sponsor, and the visa will be denied.

If he isn't willing to move back to the US and stay here then he's not a qualified sponsor.

[jayz828 0]

Thanks for your responses. Well he is willing to move back here to the U.S. if it is a sure thing that his siblings will be able follow. I have also been telling my dad, that chances are slim that they will be able to prove that he will be living here in the foreseeable future.

Let's say for example my dad were to move back here to the U.S., get a job, residence, drivers license, etc. Would you think that there is a big chance for his siblings to get their visa approved. I've been telling my father, aunts, and uncles that they may have a hard time convincing the CO that my father will be maintaining his domicile here, as he has lived in the Philippines for the last 13 years. What do you guys think?

[LIFE'SJOURNEY 970]

Thanks for your responses. Well he is willing to move back here to the U.S. if it is a sure thing that his siblings will be able follow. I have also been telling my dad, that chances are slim that they will be able to prove that he will be living here in the foreseeable future.

Let's say for example my dad were to move back here to the U.S., get a job, residence, drivers license, etc. Would you think that there is a big chance for his siblings to get their visa approved. I've been telling my father, aunts, and uncles that they may have a hard time convincing the CO that my father will be maintaining his domicile here, as he has lived in the Philippines for the last 13 years. What do you guys think?

Your father is required to file his taxes in the US for the past 13 years, since he is a US citizen. Can your father show proof that he has been filing his taxes? If not this will be a raod blocker, because he will have to file back taxes on income earned in the Phil.

[jayz828 0]

From what I know, is he has filed about 10 years of taxes while in the Philippines. The last couple years he has not, because he said he is not required to. This is because the money he made was not enough for the required amount.

[LIFE'SJOURNEY 970]

From what I know, is he has filed about 10 years of taxes while in the Philippines. The last couple years he has not, because he said he is not required to. This is because the money he made was not enough for the required amount.

He must file for those years regardless if the money made was not enough, he will be asked for his last 3 years of taxes for the sponsor support. When he returns and p;etition for the visa for his siblings and family he must show proof of income to sponsor them.

[Penguin_ie 5,996]

It is difficult to say whether he'll be able to convince the CO regarding his domicile, it would depend on many factors... for example if he has a wife/ kids who will move with him, whether he buys or rents, what ties he keeps to the Philipines etc.