DS-260 and I-864 PLEASE HELP (F2B)

[Maria Bondoc 1]

Hi. My brother is in the process of completing his DS-260.  He is confuse on what to put in on the family  information(mother/father)and petitioner's(mother) address since current address is abroad.   Should we put the current address, (Philippines) or the address where they intend to live in the US?  would there be a sort of inconsistency between DS-260 and I-864 if the AOS form will show the petitioner's physical address in the US? This case is quite complicated due to the fact that petitioner has been outside the US and has to yet establish country of domicile.  My mother will go back to US prior to my brother.  Will that help?  Responses will be greatly appreciated. 

[Crazy Cat 42,645]

Current address means current address....not intended address.

[Maria Bondoc 1]

Thanks. I thought so too. just really confuse and worried about I-864 and country of domicile.

thanks again.

[geowrian 22,338]

The CO will determine the domicile issue at the interview. She will need to either establish US domicile or show sufficient intent to do so.

[Maria Bondoc 1]

@geowrian 

thank you for your reply.  So, can you confirm that I have to use the current address in the Philippines on the DS-260 and use my US address on the I-864?  (my mom stays with me in the US)

 

[Lain 64]

1 hour ago, Maria Bondoc said:

Hi. My brother is in the process of completing his DS-260.  He is confuse on what to put in on the family  information(mother/father)and petitioner's(mother) address since current address is abroad.   Should we put the current address, (Philippines) or the address where they intend to live in the US?  would there be a sort of inconsistency between DS-260 and I-864 if the AOS form will show the petitioner's physical address in the US? This case is quite complicated due to the fact that petitioner has been outside the US and has to yet establish country of domicile.  My mother will go back to US prior to my brother.  Will that help?  Responses will be greatly appreciated. 

I assume, that your mother lives abroad temporarily and will return back to US before your brother. So in this case petitioner's current address should be provided in US (the same as in i-864) and your brother's in Philippines.

[Maria Bondoc 1]

Another thing is my mother, who is the petitioner, has been outside the US for about 4 years already,  therefore will not be able to produce W2 or tax documents, however, we have a joint sponsor for AOS compliance.  Is it still safe that I use the current address in the US for my mom on the DS-260? Thanks.

[apple21 953]

3 hours ago, Maria Bondoc said:

Another thing is my mother, who is the petitioner, has been outside the US for about 4 years already,  therefore will not be able to produce W2 or tax documents, however, we have a joint sponsor for AOS compliance.  Is it still safe that I use the current address in the US for my mom on the DS-260? Thanks.

Look at it this way... the F2B petition is for family reunification IN the US. If the petitioner is outside the US (worse together with the intending immigrant for years already) then there’s no point for NVC to process said petition. So common sense would say the petitioner should always be IN the US, get it? 😉

Edited April 26, 2018 by apple21

[Maria Bondoc 1]

8 hours ago, apple21 said:

Look at it this way... the F2B petition is for family reunification IN the US. If the petitioner is outside the US (worse together with the intending immigrant for years already) then there’s no point for NVC to process said petition. So common sense would say the petitioner should always be IN the US, get it? 😉

@apple21... .although the petitioner has been outside the US for quite sometime, she has clear and definite intentions to re-establish domicile in the US prior to the beneficiary's departure.  I understand that common sense dictates that petitioner should always be in the US, but there are certain inevitable circumstances that needed to be dealt with but that is certainly not a permanent thing because, like you said the US is where family reunites, right.   thank you for your comments.  

[apple21 953]

11 hours ago, Maria Bondoc said:

@apple21... .although the petitioner has been outside the US for quite sometime, she has clear and definite intentions to re-establish domicile in the US prior to the beneficiary's departure.  I understand that common sense dictates that petitioner should always be in the US, but there are certain inevitable circumstances that needed to be dealt with but that is certainly not a permanent thing because, like you said the US is where family reunites, right.   thank you for your comments.  

 

Yes. Apologies, my words came out harsh. 

I’m just looking at it from the point of view of NVC and the Embassy. 

Is your Mom a US citizen already coz if not her LPR status might be in question too if she’s been outside the US that long. If she’s a USC then NVC must be informed coz your brother should be in the F1 category (unless you already filed for opt-out/F2B retention). 

 

Good luck 👍🏼 

[Maria Bondoc 1]

@applegate21. no worries...yes, petitioner is a USC. She has already notified NVC about it, and honestly, F2B retention is another thing that I have to look into and work on the process.  So far, this is what I am currently working on and please let me know if you agree..

 

DS-260 

Family information: Father and Mother's current address: Philippine address

Petitioner Information: (mother) : US Address

 

Notified NVC about petitioner's naturalization; attached naturalization certificate: waiting for reply about opt out/F2B retention 

 

I-864 (petitioner's and joint sponsor's

(petitioner retired; not working:)

created a letter (explanation of non-filing) to submit with signed I-864

physical address: US address 

 

F2B retention - i have not filed yet. still doing research on where to start.

 

Thank you.  Your responses and expertise are all appreciated.

 

[Maria Bondoc 1]

7 minutes ago, Maria Bondoc said:

@applegate21. no worries...yes, petitioner is a USC. She has already notified NVC about it, and honestly, F2B retention is another thing that I have to look into and work on the process.  So far, this is what I am currently working on and please let me know if you agree..

 

DS-260 

Family information: Father and Mother's current address: Philippine address

Petitioner Information: (mother) : US Address

 

Notified NVC about petitioner's naturalization; attached naturalization certificate: waiting for reply about opt out/F2B retention 

 

I-864 (petitioner's and joint sponsor's

(petitioner retired; not working:)

created a letter (explanation of non-filing) to submit with signed I-864

physical address: US address 

 

F2B retention - i have not filed yet. still doing research on where to start.

 

Thank you.  Your responses and expertise are all appreciated.

 

 

[apple21 953]

The F2B retention should be addressed to the USCIS office at the US Embassy Manila. They are the one who will approve it. That’s how my husband did it for his F2B petition. 

[Maria Bondoc 1]

On 4/27/2018 at 12:23 PM, apple21 said:

The F2B retention should be addressed to the USCIS office at the US Embassy Manila. They are the one who will approve it. That’s how my husband did it for his F2B petition. 

I see, but does it apply if the case is still at NVC, not USCIS  yet?  Do you have a sample letter?  What documents do I need to submit along with the letter?  Thanks.