Unsure of our options, need advice/help?

[anoldjourney 1]

Yes, the sponsor has one year to respond to the affidavit of support fee bill and submit the affidavit of support. If they don't respond within a year then the petition is considered to have been abandoned, and it's sent to cold storage. That also closes the window on the CSPA age lock.

The ties your step-father has maintained in the United States can be used as evidence that his absence from the United States was intended to be temporary, and that he has, in fact, maintained his primary residence in the United States during his absence. Despite the fact that your step-father has maintained ties to the US, he has actually maintained his primary residence in Australia for the past 11 years. That's not a temporary absence.

He needs to actually move back to the US or prove with sufficient evidence that he has taken concrete steps to move back to the US. If the latter then he needs to actually move back at or before the time you enter the US with an immigrant visa.

Just spoke to my mum, the house is actually in their joint superfund or something, so not actually in his name unfortunately? Yeah, I'd be moving at the same time as they would.

Question with the CSPA age lock, I turn 21 at the end of September, if we apply now, in the next few days, will I be aged lock and remain 20? The two times my parents rang the Embassy when I was trying to apply without them moving with me, one person told them that the "clock ticks until the I-130 is approved" so, it's too late to do it before I turn 21??

Also, someone told him that he would have to stay in the US for a minimum of 10 years, in order for me to keep my status? Is that true? I haven't read that anywhere else. Just if my mum doesn't enjoy living there, she'd like to be able to come back to Australia once she's done working there (i.e 3-4 years after being there if she's not enjoying it). Would that mean I'd then lose my status? I don't see how that works. Also, what if he died before 10 years? It doesn't make sense.

If I'm going to apply, I need to do so asap. I just don't know how to prove further down the track for the affadavit of support and what not that concrete steps have been put in place. Mum said she'd apply for jobs in about a years time (she needs to get further in her PhD to be able to apply for jobs there). Step-father already has his job, and we've got the house but it's in their superfund, not his name.. And if they sell it, which they're hoping to do, that also causes an issue cause they won't have a house planned until they know where they're moving to probably in the 2 years time, but they'll have his bank account there with the $$ funds from the sale of the house..? I'm so confused.

[JimVaPhuong 4,863]

Just spoke to my mum, the house is actually in their joint superfund or something, so not actually in his name unfortunately? Yeah, I'd be moving at the same time as they would.

Question with the CSPA age lock, I turn 21 at the end of September, if we apply now, in the next few days, will I be aged lock and remain 20? The two times my parents rang the Embassy when I was trying to apply without them moving with me, one person told them that the "clock ticks until the I-130 is approved" so, it's too late to do it before I turn 21??

The people who answer the phone at the embassy are NOT consular officers. Even if they were, consular officers are not experts on laws and policies that affect USCIS. They are different branches of the US government. US embassies and consulates do not adjudicate immigrant visa petitions.

The general rule is that the clock stops when a visa number becomes available for the beneficiary, and they have "sought to acquire" permanent resident status. The key factor here is that a visa number is always available for someone who is applying in an immediate relative category. Because of this, the clock stops the day that USCIS accepts the petition, which is the same day that a priority date is assigned, and usually within a few weeks of mailing the petition. In other words, your age is locked the day that USCIS receives the petition. A consular officer would actually know this because it IS mentioned in the Foreign Affairs Manual. But, like I said, consular officers don't answer the phone at the embassy.

Also, someone told him that he would have to stay in the US for a minimum of 10 years, in order for me to keep my status? Is that true? I haven't read that anywhere else. Just if my mum doesn't enjoy living there, she'd like to be able to come back to Australia once she's done working there (i.e 3-4 years after being there if she's not enjoying it). Would that mean I'd then lose my status? I don't see how that works. Also, what if he died before 10 years? It doesn't make sense.

It's not true. There is a general requirement that the person who is evaluating the affidavit of support must believe that the sponsor intends to remain domiciled in the United States for the foreseeable future. This requirement is described in both the Adjudicators Field Manual (USCIS) and the Foreign Affairs Manual (Department of State). It's even mentioned in the affidavit of support instructions. Being domiciled in the United States does not mean that the sponsor is not allowed to travel outside the US. It just means that travel abroad should be temporary, and they should maintain their primary residence in the United States. Further, the law doesn't require the sponsor to remain domiciled in the United States after the affidavit of support has been accepted. It only requires DHS or DoS to believe that the sponsor intends to remain domiciled in the United States for the foreseeable future at the time they accept the affidavit of support. Once the affidavit of support has been accepted then there's little the US government can do to force the sponsor to remain in the US. However, the contract portion of the affidavit of support requires the sponsor to notify USCIS if their address changes. This requirement remains in effect as long as the affidavit of support is enforceable.

And this is where your friend got that "10 year" figure:

The affidavit of support remains enforceable until:

1. The immigrant becomes a US citizen, or

2. The immigrant loses their permanent resident status and leaves the US, or

3. The immigrant can be credited with 40 quarters (10 years) of work credits through Social Security, or

4. Either the immigrant or the sponsor dies.

Because of item #3, many people believe that the affidavit of support is enforceable for exactly 10 years. Since most immigrants are eligible to apply for US citizenship after five years, there are also many people who believe the affidavit of support is enforceable for exactly 5 years. Of course, neither of these is literally true. The affidavit of support is enforceable until one of the above requirements has been satisfied, regardless of how long it takes. It's conceivable that an immigrant might never satisfy any of these requirements, and the affidavit of support could remain enforceable until they die.

Anyway, the law doesn't require the sponsor to remain domiciled in the United States as long as the affidavit of support is enforceable. They just have to keep USCIS updated on where they're living.

If I'm going to apply, I need to do so asap. I just don't know how to prove further down the track for the affadavit of support and what not that concrete steps have been put in place. Mum said she'd apply for jobs in about a years time (she needs to get further in her PhD to be able to apply for jobs there). Step-father already has his job, and we've got the house but it's in their superfund, not his name.. And if they sell it, which they're hoping to do, that also causes an issue cause they won't have a house planned until they know where they're moving to probably in the 2 years time, but they'll have his bank account there with the $$ funds from the sale of the house..? I'm so confused.

Your step-dad can return to the US and rent an apartment. That should be sufficient. You're obviously going to live somewhere, right?

[anoldjourney 1]

Your step-dad can return to the US and rent an apartment. That should be sufficient. You're obviously going to live somewhere, right?

Wow, very informative, thank you.

Yeah, but I haven't decided yet if I'll live with them for awhile before branching out on my own in the US. It'd just be nice to have them for support while settling in there. Couldn't we just put the house into his name rather than the superfund? Technically it's being rented out to his business. Does there have to be somewhere already set in stone as a living arrangement? Couldn't the funds from selling the house in order to buy the next house cover that part?