POE and joint sponor

[the rock 0]

Hi Everyone,

I have a pretty simple question. Can the beneficiary enter US for the first time before the joint sponsor, who is not in the US? I know the petitionor has to be in US or at least come with the beneficiary, but what about the joint sponsor? Thanks in advance.

[Shenzhen 34]

Neither once she has her VISA!

[Jojo92122 1,924]

Hi Everyone,

I have a pretty simple question. Can the beneficiary enter US for the first time before the joint sponsor, who is not in the US? I know the petitionor has to be in US or at least come with the beneficiary, but what about the joint sponsor? Thanks in advance.

Yes, the beneficiary can enter the US before the joint sponsor. There is no requirement that the joint sponsor be in the US when the beneficiary enters.

[Penguin_ie 5,993]

Yes, the beneficiary can enter the US before the joint sponsor. There is no requirement that the joint sponsor be in the US when the beneficiary enters.

Technically correct, but remember that the joint sponsor has to be resident in the USA. So while yes, they can be on holidays abroad at the time the immigrant comes to the USA, they cannot be living there.

[Jojo92122 1,924]

Technically correct, but remember that the joint sponsor has to be resident in the USA. So while yes, they can be on holidays abroad at the time the immigrant comes to the USA, they cannot be living there.

I would disagree with your assertion. The joint sponsor must be domiciled in the US. There is no requirement that the joint sponsor live in the US when the immigrant enters for the first time.

In common law, a domicile is "a person's legal home. That place where a man has his true, fixed, and permanent home and principal establishment, and to which whenever he is absent he has the intention of returning (emphasis added)(Smith v. Smith, 206 Pa. Super. 310) A person may have more than one residence but only one domicile." http://www.escapees.com/ResidenceDomicile.asp

Between the age of 18-27 when I was living in 7 different apartments in California and New York, I maintained a domicile in San Diego at my parents' home. The San Diego address was where I was registered to vote, the address I used to file taxes, etc. During those 9 years, I only visited for maybe 2-3 weeks a year. Although I never moved back home, my parents' home was my legal domicile until I gave up the intent to return. I didn't do that until I moved into my own apartment in San Diego after graduate school.

Similarly, a US citizen who has a permanent home in the US who is living at a residence outside the US for years can still qualify as a joint sponsor as long as the US citizen maintain a domicile in the US. So, a US citizen living in Pakistan for years who maintain a domicile in the US still qualifies as a joint sponsor.

Edited June 26, 2011 by Jojo92122

[Jojo92122 1,924]

From the US State Department's website; http://travel.state.gov/visa/immigrants/info/info_3183.html#2

Domicile

Domicile is a complex concept and must be evaluated on a case by case basis. To qualify as a sponsor, a petitioner residing abroad must have a principal residence in the U.S. and intend to maintain it indefinitely. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

He/she left the United States for a limited and not indefinite period of time,

He/she intended to maintain a domicile in the United States, and

He/she has evidence of continued ties to the United States.