Petitioner father (usc) did not reside in US much in past 5 years

[G_One 10]

Hi All,

My father petitioned for me under FB1 category. However of late he did not live in US for longer durations in past 5 years. He came back for marriages of my siblings which got prolonged and some how ended up staying for long. He used to go back to US for about every 1.5 - 2 years for 3 months or so.

My PD is June 2007 would be current soon, and he recently came back from US after staying there for 4 months, he out of US in my home country as of now. However my father is not my sponsor in the US, my sponsor is another relative of my father.

My question is does his staying in the Home Country for such long durations in any way effect my petition, he is like semi-retired, works on and off ?

Is there any rule for the petitioner to stay in US during his children petition gets completed or something ?

Edited February 7, 2014 by G_One

[aleful 1,905]

hi

there is no petition if he doesn't live in the US. the whole point of a family petition is family reunification. if he doesn't live in the US there is no reunification

as the petitioner he is the primary sponsor, he can have a joint sponsor. but he is the one that has to prove that you won't become a public charge.

so is he thinking of moving back? if so then he should be doing it now.

[G_One 10]

hi

there is no petition if he doesn't live in the US. the whole point of a family petition is family reunification. if he doesn't live in the US there is no reunification

as the petitioner he is the primary sponsor, he can have a joint sponsor. but he is the one that has to prove that you won't become a public charge.

so is he thinking of moving back? if so then he should be doing it now.

He has come back for personal works as I mentioned above and learning few things related to his profession that would help him in getting better Job in US with decent pay, in the meanwhile got unwell during that period, had his medical treatment done so they all prolonged his visit.

However my question is, there can be genuine reasons that anyone can have at that age where he has to visit his home country to complete his responsibilities.

Once he sorts them out he wants to go back after few months ultimately. He has his house and my step mother living there, so he has plans to go back and work for few more years at least, retire and live there for good. He has no plans to settle back in the home country.

So let me ask again since he is a US Citizen and not a Green Card, does it effect my Immigration process negatively, if in last 5 yrs he has stayed in home country more ?

If yes, is there some kind of immigration law or guidelines or something that says that ?

Any other views from the others and experts, plz comment !!

Edited February 7, 2014 by G_One

[aaron2020 11,651]

He has come back for personal works as I mentioned above and learning few things related to his profession that would help him in getting better Job in US with decent pay, in the meanwhile got unwell during that period, had his medical treatment done so they all prolonged his visit.

However my question is, there can be genuine reasons that anyone can have at that age where he has to visit his home country to complete his responsibilities.

Once he sorts them out he wants to go back after few months ultimately. He has his house and my step mother living there, so he has plans to go back and work for few more years at least, retire and live there for good. He has no plans to settle back in the home country.

So let me ask again since he is a US Citizen and not a Green Card, does it effect my Immigration process negatively, if in last 5 yrs he has stayed in home country more ?

If yes, is there some kind of immigration law or guidelines or something that says that ?

Any other views from the others and experts, plz comment !!

Being outside the US is not a problem. That has no effect on your petition.

Your father must have a US domicile and file US tax returns to meet the I-864 requirements.

Everything else that you wrote about your father has no bearing on the petition. It doesn't matter he has responsibilities in his home country or that he has been outside the US for most of the last 5 years.

Edited February 8, 2014 by aaron2020

[G_One 10]

Being outside the US is not a problem. That has no effect on your petition.

Your father must have a US domicile and file US tax returns to meet the I-864 requirements.

Everything else that you wrote about your father has no bearing on the petition. It doesn't matter he has responsibilities in his home country or that he has been outside the US for most of the last 5 years.

Previously my father had a rented house where he and my step mother were living. Now from last 3 yrs both have moved to his mother-in-law house. He files for his Income Tax returns every year in US.

So What kind of proofs are accepted as Domicile in US, ?