Affidavit of Support

[SantiagoColinet 0]

I am writing from Uruguay, were both my father, and I, live.

He is an American citizen, he was born in the USA. But since he was a child, he has been living here. (Has lived and worked in the USA as an adult but then came back)

I am filling petition I 130 for an Alien Relative, in order to live in California (for working and studying purposes) and my dad is not planning to leave Uruguay for the moment.

I have gathered every original document required and their translation, but some people in another forum addressed me to a link where I read that in my case it was in vain to fill form 1 130, and spend U$S 420 because i was not going to be approved for the visa in the end because my father lives in Uruguay and have no address neither in California, nor nowhere in the USA, so he does not have a domicile there, domicile which will me required when he file the Affidavit os Support (requisite if my I 130 form is accepted),(I have more family members in USA but not in California but they cant be my sponsors because they are my aunt and her children).

Nevertheless my father has friends who are Legal Residents who would gladly accept being my sponsor, i think the correct term would be "Join Sponsor", for the Affidavit of support, but my father would still NOT have a domicile in the USA.

I am about to turn 20 so i am a little bit worried because i want to have everything approved before turning 21.

Would USCIS still take my case?

I need to know if there is any possibility that it would be possible for my fathers friend to be my sponsors, and just them.

thanks

[B&Z 201]

It's the domicile of the petitioner that matters.

How much time did your dad spend working in the US?

[aleful 1,905]

hi

he cannot petition you if he doesn't live here, the purpose of the petition is for family reunification

so he must return to the US and reestablish domicile,

the petition will take a year, as long as he files for you before you turn 21, the age will be frozen

his friend will be his joint sponsor. has he been paying or filing taxes?

your father will fill out the affidavit of support regardless of income

Edited May 11, 2016 by aleful

[SantiagoColinet 0]

It's the domicile of the petitioner that matters.

How much time did your dad spend working in the US?

I know

He just spend there a few month

is there anything i can do?

[SantiagoColinet 0]

hi

he cannot petition you if he doesn't live here, the purpose of the petition is for family reunification

so he must return to the US and reestablish domicile,

the petition will take a year, as long as he files for you before you turn 21, the age will be frozen

his friend will be his joint sponsor. has he been paying or filing taxes?

your father will fill out the affidavit of support regardless of income

Hi!, thanks for responding.

Yes, i know thats its purpose, but still... i want to live there and he has his job here. I will never convince him of leaving Uruguay.

if it it for income we wouldnt need a joint sponsor because he is paid well, i thought we would need a joint sponsor because of the domicile in the usa.

"your father will fill out the affidavit of support regardless of income" Yes, but so i will have to prove somehow that he will go back to the USA in a few month time?

[aleful 1,905]

hi

unfortunately you can't with you dad not returning to the US, even if it was for a short while

he can file for you if someday he decides to come back

now you could try to study here if you have the money to go to the university or college, get an education, but not a petition from your dad

if he makes over 20 thousand dollars a year, then he doesn't need a joint sponsor

he needs to annually make 125% over the poverty guidelines, so if he has enough income or assets, then he doesn't need a joint sponsor

Edited May 11, 2016 by aleful

[SantiagoColinet 0]

hi

unfortunately you can't with you dad not returning to the US, even if it was for a short while

he can file for you if someday he decides to come back

now you could try to study here if you have the money to go to the university or college, get an education, but not a petition from your dad

if he makes over 20 thousand dollars a year, then he doesn't need a joint sponsor

he needs to annually make 125% over the poverty guidelines, so if he has enough income or assets, then he doesn't need a joint sponsor

Okey, anyways i will ask the embassy for a meetting and see if there is any chance or posibility that they would allow the case.

Do you say that if he goes back to the USA for a short while then the problem would be solved? what would a short while be? several months or it would be enough with just one?

if i file the petition now and its accepted, do you reckon that thats gonna be frozen in case he ever wonts to go back?

[N and J 88]

Hi!, thanks for responding.

Yes, i know thats its purpose, but still... i want to live there and he has his job here. I will never convince him of leaving Uruguay.

if it it for income we wouldnt need a joint sponsor because he is paid well, i thought we would need a joint sponsor because of the domicile in the usa.

"your father will fill out the affidavit of support regardless of income" Yes, but so i will have to prove somehow that he will go back to the USA in a few month time?

Umm, I think you miss the point of this whole thing. Just because someone holds citizenship does not mean they can petition for their kid, spouse, or family member to live in the US because the family member wants to. He would have to live in the US. And he would have to prove he could sponsor you and support himself well support you and anyone else in his household. If not you would need a cosponsor who lives in the US.

The comment "But still I want to live there" sounds a little entitled. Obviously, you need to educate yourself better about the visa. Sponsors are for financial purposes not domicile. Domicile means a home...a place set up to live. Your father is a US citizen yes but not having have been here for a while there are certain things he would have to do first. Like establish an income (unless his job will pay him from your country) and a home in the US.

[N and J 88]

Okey, anyways i will ask the embassy for a meetting and see if there is any chance or posibility that they would allow the case.

Do you say that if he goes back to the USA for a short while then the problem would be solved? what would a short while be? several months or it would be enough with just one?

if i file the petition now and its accepted, do you reckon that thats gonna be frozen in case he ever wonts to go back?

He can't live here for a month an petition for you. The process takes almost a year or more. I would think he would have to be here for all the paperwork that comes after as well.

[N and J 88]

Okey, anyways i will ask the embassy for a meetting and see if there is any chance or posibility that they would allow the case.

Do you think your case is above anyone else because you want to live here? All you have to do is look up the regulations for the visa. They aren't going to create a loophole so your case can be accepted. Just because someone holds a US passport does not mean they get all the luxuries of living in the US. Big difference of being on grounds and holding a passport. This process take a while for any visa. Some visa takes years and years. There is no rushing it. There are no shortcuts and it seems that is what you are looking for. I may be wrong but by your father coming here for a month or 6 month it is not going to get you a green card and I don't believe the embassy is going to take a case when the petitioner isn't even in the country. Good luck though.

[blue_angel_29 108]

I am writing from Uruguay, were both my father, and I, live.

He is an American citizen, he was born in the USA. But since he was a child, he has been living here. (Has lived and worked in the USA as an adult but then came back)

I am filling petition I 130 for an Alien Relative, in order to live in California (for working and studying purposes) and my dad is not planning to leave Uruguay for the moment.

I have gathered every original document required and their translation, but some people in another forum addressed me to a link where I read that in my case it was in vain to fill form 1 130, and spend U$S 420 because i was not going to be approved for the visa in the end because my father lives in Uruguay and have no address neither in California, nor nowhere in the USA, so he does not have a domicile there, domicile which will me required when he file the Affidavit os Support (requisite if my I 130 form is accepted),(I have more family members in USA but not in California but they cant be my sponsors because they are my aunt and her children).

Nevertheless my father has friends who are Legal Residents who would gladly accept being my sponsor, i think the correct term would be "Join Sponsor", for the Affidavit of support, but my father would still NOT have a domicile in the USA.

I am about to turn 20 so i am a little bit worried because i want to have everything approved before turning 21.

Would USCIS still take my case?

I need to know if there is any possibility that it would be possible for my fathers friend to be my sponsors, and just them.

thanks

I don't know if I read it wrong, but isn't the OP already a US citizen??

I mean, if his dad is born a USC, then if the OP's dad is his bio dad, doesn't that mean OP gets acquisition of Citizenship?

Please correct me if I'm wrong..

Edited May 11, 2016 by blue_angel_29

[B&Z 201]

I don't know if I read it wrong, but isn't the OP already a US citizen??

I mean, if his dad is born a USC, then if the OP's dad is his bio dad, doesn't that mean OP gets acquisition of Citizenship?

Please correct me if I'm wrong..

There's a residency requirement that the US citizen parent has to meet...the father has to have lived in the US for 5 years prior to the birth of his children. with at least 2 of those 5 years being after the father was 14 years old. Since the father has only been in the US for a couple of months for temporary work since he was a child, he doesn't meet the requirement in order to pass his citizenship to his children.

[blue_angel_29 108]

There's a residency requirement that the US citizen parent has to meet...the father has to have lived in the US for 5 years prior to the birth of his children. with at least 2 of those 5 years being after the father was 14 years old. Since the father has only been in the US for a couple of months for temporary work since he was a child, he doesn't meet the requirement in order to pass his citizenship to his children.

Gotcha, it really does boil down to residency/domicile..

I really thought you can pass US citizenship no matter what..

Thanks for that clearance..

[kzielu 1,149]

OP - was your father filing tax returns with IRS working in Uruguay ? He was required to and if he did not, that is another obstacle in getting anything done.

[Pennycat 880]

Gotcha, it really does boil down to residency/domicile..

I really thought you can pass US citizenship no matter what..

Thanks for that clearance..

Nope, there's an "And" portion to passing on citizenship to children born abroad.

https://www.uscis.gov/us-citizenship/citizenship-through-parents