Petitioner Related Query

[loba2000 2]

Hi everyone , how are you all ?

I wanted to know that when leaving for USA is it necessary for the petitioner to be in USA. Our petitioner wants to stay in Pakistan for a while for some family reasons while we have to leave for USA.

So is it possible that our petitioner stays in Pakistan while we can leave for USA? Or is it necessary for the petitioner to be in USA while we travel to USA?

[Penguin_ie 5,993]

The petitioner has to move back to the USA at the same time or before the beneficiary, as the visa is designed for family re-unification.

The petitioner can visit family in Pakistan of course, or you could delay the visa processing some, so you only get the visa when they are ready to move.

[loba2000 2]

The petitioner has to move back to the USA at the same time or before the beneficiary, as the visa is designed for family re-unification.

The petitioner can visit family in Pakistan of course, or you could delay the visa processing some, so you only get the visa when they are ready to move.

Isn't it possible that we can go first and the petitioner can come sometime later?

[Penguin_ie 5,993]

No.

[loba2000 2]

No.

Thankyou so much, well the rules say so then we will follow it

[loba2000 2]

No.

Sorry to disturb again but why the presence of petitioner is mandatory? Can you please explain me

[Penguin_ie 5,993]

Because the visa is there for family re-unification. If the petitioner is not in the USA, there is no need for the beneficiary/ visa holder to go to the US.

[loba2000 2]

Because the visa is there for family re-unification. If the petitioner is not in the USA, there is no need for the beneficiary/ visa holder to go to the US.

Do they actually see that the petitioner is living/coming to USA ?

[tasnim 1]

Family reunification doesn't mean that petitioner and beneficiary should remain together all the time. I don't think there is such requirement that petitioner should be present in US when beneficiary reaches there. Other members having information may chime in, In my opinion presence of petitioner is irrelevant as long as the petitioner doesn't abandon his /her status as LPR or USC.

[Penguin_ie 5,993]

Yes they know, from the information given on the visa forms and they may also ask when you enter with your visa.

The law is quite clear on this; for example, The I-864 does require the US citizen sponsor to be domiciled in the US and to have income or assets that show the immigrant will not become a public charge. .

Edited November 14, 2014 by Penguin_ie

[loba2000 2]

I am asking this because I need a solid reason to convince the petitioner to come with us , if the presence of petitioner is necessary.

Do they come and check or what?

[Penguin_ie 5,993]

Lieing to immigration is never a good idea, it can lead to criminal prosecution and bans from ever entering the USA. They have many ways of checking- tax returns, bills, leases, voter and drives license reg etc etc.

As I said in my first reply, you have a couple of options- you can delay your visa some, if the sponsor will be ready soon- or even just go ahead with the visa and use the 6 months it is valid. Or, you can convince the sponsor to move back with you, and after a while,. visit back to Pakistan.

[loba2000 2]

Lieing to immigration is never a good idea, it can lead to criminal prosecution and bans from ever entering the USA. They have many ways of checking- tax returns, bills, leases, voter and drives license reg etc etc.

As I said in my first reply, you have a couple of options- you can delay your visa some, if the sponsor will be ready soon- or even just go ahead with the visa and use the 6 months it is valid. Or, you can convince the sponsor to move back with you, and after a while,. visit back to Pakistan.

Thankyou so much for helping

We are good people and we won't lie. We will take the petitoner with us.

Can you tell exactly how long does the petitioner has to stay in USA with us , so that she may go to visit Pakistan again ?

(btw our petitioner is my grandmother, very old)

Edited November 15, 2014 by loba2000

[Penguin_ie 5,993]

She can technically go back the next day, as long as she is domiciled in the USA (taxes filed as resident etc)

[loba2000 2]

She can technically go back the next day, as long as she is domiciled in the USA (taxes filed as resident etc)

Sorry to make this post come to life again

I wanted clear my query with some more detail to it and will be delighted if anyone answers

Our case is F1 (Family First Preference) , Petitioner is my mother's mother (i.e my grandmother).

My mother is the principal beneficiary while I am the dderivativeone.

Moreover my Aunt (Mother's sister) is the financial sponsor because my grandmother doesn't earn so my aunt has provided all the financial documentation and has taken the responsibility of financial matters on her.

My aunt and my grandmother both live in the same house.

Now due to some personal problem my grand mother isn't convinced to move to USA right now, she is in Pakistan currently and she is US Citizen. So is it necessary for her to be in USA while we move to USA? Isn't my aunt being there enough?

Edited December 27, 2014 by loba2000