IR-5 questions

[augurk 0]

Hello,

I have some questions pertaining to the IR-5 visa and hope this is the right place to ask them.

The situation is as follows : My daughter is over 21 years of age and has dual (US and Dutch) citizenship. My girlfriend is a US citizen.
My girlfriend and I have been thinking about possibly moving to the US sometime (although not in the near future).
I do not seek permanent residence in the US, but ideally, a situation where I could migrate back and forth and possibly stay and work in the US legally for a few years,
while keeping my Dutch citizenship and medical insurance (which is mandatory in the Netherlands).

Now unless the idea is completely unrealistic or hopeless, I was contemplating to seek IR-5 status.

Question : Can I apply for this myself, or does my US daughter have to do this on my behalf ?

My daughter says she cannot do this because

a) she cannot sponsor me
b) does not reside in the United States, but lives in the Netherlands.

Is the sponsoring factor curcial ? I don't need to be sponsored, and can work myself. To my understanding that is what a green card is for.

Is permanent residence in the United States required for a US child in order to apply for an IR-5 trajectory on behalf of a non-US parent ?

Thanks for any information !













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[Penguin_ie 5,997]

Yes your plan won't work:

- Visas need a petitioner, your daughter in this case.

- Family visas are for the purposes of family re-unification in the USA. Ie so that you could move to her if she lived in the USA. If she lives abroad, no US visa needed to be together.

- You'd need a financial sponsor (this one can be gotten around either by sponsoring via assets or a US based co-sponsor.