The Petition no longer living in US, will that be an issue?

[Angel Wong 0]

Hi,

 

My dad, being the Petition, has filed an I-130 for me.  After queueing for almost 10 years, we have received the notice from the immigration dept it is time to process my application.  

However, my dad has left the States for few years and he has no income.  I have a few questions:

 

1) would that be an issue if the Petition is not living in the States, will that affect the validity of the application?  and whether I am still a qualified applicant?

2) will he be required to show that he intend to move back to the States

3) since the Petition has no income, I intend to use "credit 40 quarters coverage" as financial proof.  As i noticed that SSA earnings statement will be required for this purpose.  Since, I yet to have the social security number, how can i obtain the SSA earning statement to show that?

 

Many thanks.

 

 

[aleful 1,905]

yes your dad has to be living here, the reason for petitioning you is for family reunification,

 

so he has to live here and provide the affidavit of support, I assume he is the one with the 40 quarters credits? when he returns he can get it with his SS number

 

 

 

 

 

 

[Hypnos 6,578]

All of the 40 quarters of credit must have taken place before you turned 18 if you're applying through a parent in this way. Something to bear in mind. 

 

And yes, your father will need to demonstrate he intends to resume his US domicile before you can be issued a visa. It sounds like this might be a problem in your case if he isn't. 

Edited June 24, 2017 by Hypnos

[Boiler 46,132]

when is he going home?

[Angel Wong 0]

Thank you all. 

 

My dad has left the States and back to HK 3 years ago.  He is a retiree and does not have income.  I am over 21 at the time my family immigrated to the States. I am the one providing the family, and the 40 quarters of credit will be came from mine instead of my dad.  Is that ok for him to apply for wavier for providing financial support and I will use my own assets and income to proof that.  

 

But the fact that he is not living in the States over the past few years would be an issue.  Any idea that how can tackle that?  My dad indicated that he can go with me if required.  

 

Thanks.

Angel

 

 

[Hypnos 6,578]

You worked legally in the US for ten years? 

[Angel Wong 0]

No, I did not.  So the 40 quarters of credit must be earned inside the States, cannot be in monetary value.

[Lain 64]

27 minutes ago, Angel Wong said:

No, I did not.  So the 40 quarters of credit must be earned inside the States, cannot be in monetary value.

Looks like you gonna need a joint sponsor and will have to be prepared to proof your dad's domicile if this question will arise at the time of interview.

[Penguin_ie 5,996]

You need a joint sponsor (or for dad to go back and work), your foreign work doesn't count.

Your dad will need to show that he is moving back to the USA before or at the same time as you.  He cannot just travel with you and leave again the next day.  How you prove that will be up to your individual circumstances.  If he is too old to work, buying a home, registering for a driver slicense etc will help.  It can be difficult to convince a CO that the petitioner will return, especially when they are older and have family abroad.

 

One more issue- you posted this in the Bringing Family of Greencard Holders section- is your dad a US citizen or greencard holder? If the latter, he may already have lost his permanent residency/ greencard by being abroad for so long, unless he visited the USA a lot.

Edited June 24, 2017 by Penguin_ie

[Angel Wong 0]

Thank You Lain and Queen Penguin.

 

I got it.  My dad is a US Citizen.  I will see what we can do to demonstrate that regarding my Dad's intention to going back. The Family intends to return to the States once I got granted the Visa as we want to be stayed together.  

 

For the requirement of the minimum income requirement, I noticed from the government website that the Sponsor can include the Applicant's income and asset as financial proof.  I will see if I can use my asset and income as financial proof.  My younger sister can be a joint sponsor, however, her income does not meet the minimum income requirement and may not be that helpful in this case.

 

Thank you all for contributions.  I really appreciate it..  They are very useful and help me to clear up my mind.  Thank you so much!

[Hypnos 6,578]

For your income to be able to be included it: (i) must be from a legal source, and (ii) will continue from the same source after you became an LPR. 

 

It's unlikely you'll be able to meet these requirements. 

[Angel Wong 0]

Thank you, Hypnos.  That's a good point!  In that case, rather than counting on my regular income from employment, I will start working on building rental income from property.  I hope this will work.  

[Boiler 46,132]

Can your father not use a joint sponsor?

[Angel Wong 0]

Yes, will ask my younger sister to act as the joint sponsor.  However, she told me her income is not sufficient to meet the requirement.   If joint sponsor is a better option, I will reach out to my friend living in the States to see if she can act as joint sponsor.

[Hypnos 6,578]

If your sister's income is insufficient then she cannot be the joint sponsor.