Adjustment of Status.

[Cristiano1 0]

I came to the United States on F1 (Student Visa) in 2015 and I graduated from school then I got OPT (Optional Practical Training) and I got Employment Authorization Card and I am working legally right now. On the other hand, my Dad is a permanent resident (Green Card Holder) and he applied an I-130 (Petition for Alien Relative) for me in 2011 and the application is with the NVC (National Visa Center) right now.
My Priority Date now follow the table for filing visa applications Not the final action dates table in the Visa Bulletin so I can apply.
I have 2 options now:
1) Adjustment of Status
2) Consular Processing
Since I am physically present in the United States I want to apply for Adjustment of Status.
My Dad is the Petitioner and I am the Principal Applicant.
My question is for my interview for Adjustment of Status:
should my dad come to the interview with me? or is it optional?

On the other hand, my Dad had been in my country (Out of the United States) for more than 6 years, I know that he has not to leave the United States for more than 6 months but he had some health condition and he had to go to a hospital in my country, but he came recently to United states for a month and he got his SSN and he got his ID and he has a bank account and he filed for Taxes for the last 3 years but he didn't work in the United States at all.
My question, is that affect the process of Adjustment of Status? If yes what can he do to avoid that?
What are the documents that we need to apply for Adjustment of Status?
Is the Taxes issue related to the Adjustment of Status?
If there is any suggestion that would help please advise me?

[azblk 338]

4 hours ago, Cristiano1 said:

I came to the United States on F1 (Student Visa) in 2015 and I graduated from school then I got OPT (Optional Practical Training) and I got Employment Authorization Card and I am working legally right now. On the other hand, my Dad is a permanent resident (Green Card Holder) and he applied an I-130 (Petition for Alien Relative) for me in 2011 and the application is with the NVC (National Visa Center) right now.
My Priority Date now follow the table for filing visa applications Not the final action dates table in the Visa Bulletin so I can apply.
I have 2 options now:
1) Adjustment of Status
2) Consular Processing
Since I am physically present in the United States I want to apply for Adjustment of Status.
My Dad is the Petitioner and I am the Principal Applicant.
My question is for my interview for Adjustment of Status:
should my dad come to the interview with me? or is it optional?

On the other hand, my Dad had been in my country (Out of the United States) for more than 6 years, I know that he has not to leave the United States for more than 6 months but he had some health condition and he had to go to a hospital in my country, but he came recently to United states for a month and he got his SSN and he got his ID and he has a bank account and he filed for Taxes for the last 3 years but he didn't work in the United States at all.
My question, is that affect the process of Adjustment of Status? If yes what can he do to avoid that?
What are the documents that we need to apply for Adjustment of Status?
Is the Taxes issue related to the Adjustment of Status?
If there is any suggestion that would help please advise me?

You do need a i-864. Since your Dad is the sponsor he will need to sign it. If he has no income or his income is insufficient you will need to find a joint sponsor. You can not self sponsor with your income because you and your dad obviously do not live together. I believe a majority of non marriage related cases get the interview waived so you should not worry about that too much but be prepared to have him come back in case you are called to an interview and he his presence is required. DO NOT BRING UP HIS ABSENCE FROM THE US as this might open a can of worms.

[Villanelle 4,122]

When did your dad leave the US? And when did he come back to get his SSN and file taxes? You said recently. Can you provide apx dates. 

 

The issue may be your dad is no longer a perm resident since hes been outside the US for 6 years. That makes his petition for you ineligible. 

[azblk 338]

56 minutes ago, Damara said:

 

 

The issue may be your dad is no longer a perm resident since hes been outside the US for 6 years. That makes his petition for you ineligible. 

You don't automatically loose your permanent residence even if you are in violation of the terms. USCIS/COURT must rule that you are in violation and then take away your status. Until that happens you are still a permanent resident.

[Villanelle 4,122]

Yes that is correct/ But I suspect USCIS will review his dads petition when the son submits his AOS packet and may determine his dad abandoned his status by being gone so long thus opening the 'can of worms' you mentioned earlier. 

[azblk 338]

7 minutes ago, Damara said:

Yes that is correct/ But I suspect USCIS will review his dads petition when the son submits his AOS packet and may determine his dad abandoned his status by being gone so long thus opening the 'can of worms' you mentioned earlier. 

which is why I told him to make no mention of it. But then again we don't know the circumstances of his absence. He might have valid reasons for it or has received a reentry permit. A health condition is a valid reason as far as I know.

[Cristiano1 0]

On the other hand, my Dad had been in my country (Out of the United States) for more than 6 years, I know that he has not to leave the United States for more than 6 months but he had some health condition and he had to go to a hospital in my country, but he came recently (3 weeks ago) through Canada to United states for a month and he got his SSN and he got his ID and he has a bank account and he filed for Taxes for the last 3 years but he didn't work in the United States at all (No income).
I know we need a joint sponsor for income requirement and my uncle can do that.
What are the documents that are required from my Dad for Affidavit of Support?
The thing that I am concerned about is domicile requirements for my dad. My Dad is here in the United States now but he has to go back to my country (Outside united states) for medical reasons and he can come back again for the interview.
My question is what is the documents that are required from my dad to Proof of his residency?
If there is any suggestion that would help please advise me?

 

[Cristiano1 0]

I have a question for form I-864A

Is it optional? and who should submit it?