Proof of domicile

[Ross manila 1]

My PD is 1998 F3 category now we got a notice to file action.  My children aged out but covered by the cspa. They are not included in the ceac so i added them as my derivatives and paid fees. Though ive heard that they’ll get denied i still took chances. One main problem is that my father and mother retired last 2011 and been living here in the philippines since then. They visited my sister in states last 2015,2016 and this year for about a month each. How can we prove his domicile? Does he need to fly there now before we submit his aos and our ds260? He has a property being rented out, a bank account, and receives pension thru his u.s. account. My mom will co-sponsor does she need to be there too? Hope anyone from the philippines will join this thread.

[Duke & Marie 1,389]

26 minutes ago, Ross manila said:

My PD is 1998 F3 category now we got a notice to file action.  My children aged out but covered by the cspa. They are not included in the ceac so i added them as my derivatives and paid fees. Though ive heard that they’ll get denied i still took chances. One main problem is that my father and mother retired last 2011 and been living here in the philippines since then. They visited my sister in states last 2015,2016 and this year for about a month each. How can we prove his domicile? Does he need to fly there now before we submit his aos and our ds260? He has a property being rented out, a bank account, and receives pension thru his u.s. account. My mom will co-sponsor does she need to be there too? Hope anyone from the philippines will join this thread.

Yes. The U.S. sponsor/petitioner, must maintain principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future.

 

Living in the U.S. is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.

[Ross manila 1]

6 minutes ago, Duke & Marie said:

Yes. The U.S. sponsor/petitioner, must maintain principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future.

 

Living in the U.S. is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.

Hi! Ive read the site it says that my petitioner can stay here and will have to go back ahead of us or at the same time with us. But one adviced otherwise. He says the petitioner has to be there before he files the aos or we’ll just get denied upon interview. Any opinion on this?

[aleful 1,905]

hi

 

the whole reason for you coming here is for family reunification, the petitioner must live in the US for you to come here or there is no reunification to begin with

 

they need to prove domicile, taxes, proof that they are living here, not just come here for a month every now and then to visit

 

 

[Ross manila 1]

Hi alefu! Yeah i understand your point but is it enough that they are coming back just now that we received the petition? They plan to go there next month do i have to wait until their arrival before i submit the aos and ds260? What about their ticket going there can i get a two-way ticket would the CO be able to view it?

[Duke & Marie 1,389]

22 minutes ago, Ross manila said:

Hi! Ive read the site it says that my petitioner can stay here and will have to go back ahead of us or at the same time with us. But one adviced otherwise. He says the petitioner has to be there before he files the aos or we’ll just get denied upon interview. Any opinion on this?

Domicile: Place where a person has his or her principal residence. The person must intend to keep that residence for the foreseeable future. The sponsor of an immigrant must have domicile in the United States before the visa can be issued. This generally means that the sponsor must be living in the United States. In certain circumstances, however, one can be considered to have a domicile while living temporarily living overseas.

 

Do you think residing in the Philippines for 9 years and only returning to the USA for a short visit 3 times to be considered as “temporarily living overseas”?

 

id imagine denial... they must reside within the us prior to visa being issued.

 

the purchase of a return ticket to the Philippines would not suggest retention of residency for foreseeable future..

 

 

Edited November 25, 2019 by Duke & Marie

[Duke & Marie 1,389]

31 minutes ago, Ross manila said:

What about their ticket going there can i get a two-way ticket would the CO be able to view it?

You’re indicating that perhaps your parents have no intention of remaining within the US... this combined with their return to the Philippines 9 years ago with minimal trips to the USA...

 

I’d recommend at this stage considering other types of visas... given your parents have no intention of living within the USA long term.

 

as mentioned by @aleful the whole purpose of a family visa is reunification... it appears that reunification may not be behind your F3 application due to circumstancial changes.. 

Edited November 25, 2019 by Duke & Marie

[Ross manila 1]

Yes they dont have any plans of living there again though they have reasons to return like the property, pensions amd savings accounts. Though us being there may compel them to do so because the reason they retired here is because they want to be with us. It just took longer than usual (21yrs) for the PD to become current so honestly we lost hope of getting it. BTW can i ask you both duke&marie and aleful

if my mom also has to stay there like my dad coz shes the co sponsor? Can they file the aos online at the same time as a submit my  Ds-260?

[Duke & Marie 1,389]

40 minutes ago, Ross manila said:

Yes they dont have any plans of living there again though they have reasons to return like the property, pensions amd savings accounts. Though us being there may compel them to do so because the reason they retired here is because they want to be with us. It just took longer than usual (21yrs) for the PD to become current so honestly we lost hope of getting it. BTW can i ask you both duke&marie and aleful

if my mom also has to stay there like my dad coz shes the co sponsor? Can they file the aos online at the same time as a submit my  Ds-260?

AOS must be submitted prior to D260

[Ross manila 1]

Hi duke&marie! Is there anything we need to wait after submission of aos? Are they goung to send me a receive cooy or anything before we can submit the ds260?

[aaron2020 11,651]

1 hour ago, Ross manila said:

Hi alefu! Yeah i understand your point but is it enough that they are coming back just now that we received the petition? They plan to go there next month do i have to wait until their arrival before i submit the aos and ds260? What about their ticket going there can i get a two-way ticket would the CO be able to view it?

Two way tickets will show that they are visiting the US and returning to live in the Philippines.  This fails the domicile issue and your case will be deny.  Your parents must be living in the US in order for you to qualify for a visa.  Visiting the US is not enough.  

[aaron2020 11,651]

53 minutes ago, Ross manila said:

Yes they dont have any plans of living there again though they have reasons to return like the property, pensions amd savings accounts. Though us being there may compel them to do so because the reason they retired here is because they want to be with us. It just took longer than usual (21yrs) for the PD to become current so honestly we lost hope of getting it. BTW can i ask you both duke&marie and aleful

if my mom also has to stay there like my dad coz shes the co sponsor? Can they file the aos online at the same time as a submit my  Ds-260?

If you parents don't have any plans on living in the US, then they do not meet the domicile requirement and you do not qualify for an immigration visa.  

[Ross manila 1]

Thats the sad truth😌 but i hope we can satisfy the CO that we are willing to reuite so we get our visas approved. Hope somebody with the same case updates us. 

[SusieQQQ 11,586]

1 hour ago, Ross manila said:

Yes they dont have any plans of living there again

Then they are not eligible to sponsor. 

[aaron2020 11,651]

14 minutes ago, Ross manila said:

Thats the sad truth😌 but i hope we can satisfy the CO that we are willing to reuite so we get our visas approved. Hope somebody with the same case updates us. 

Reunite?    You and your parents are both living in the Philippines.  Immigration visas would separate you, not reunite you.  This is why your immigration visa will be deny.