Proof of domicile

[Ross manila 1]

Hey guys what i mean is that they retired here to be with us so if we will migrate they would love to stay there again and for good. We are their only family left here in philippines both of my siblings are single and both in the states. Its just that things suddenly came unexpectedly imagine after 21yrs and we lost hope then boom all of a sudden they need to fly back immediately. It would be so painful leaving his 6 pups and 3cats asap and we’re not even sure if we’ll get approved much more my aged out kids.

[aaron2020 11,651]

17 minutes ago, Ross manila said:

Hey guys what i mean is that they retired here to be with us so if we will migrate they would love to stay there again and for good. We are their only family left here in philippines both of my siblings are single and both in the states. Its just that things suddenly came unexpectedly imagine after 21yrs and we lost hope then boom all of a sudden they need to fly back immediately. It would be so painful leaving his 6 pups and 3cats asap and we’re not even sure if we’ll get approved much more my aged out kids.

Sorry, but the US Embassy will not care about any of this.

 

If they are not domiciled in the US, then you will not qualify for an immigration visa.  It's that simple.  

[Lucky2Lucky 2,526]

There’s been some talk of getting rid of these “family reunification” visas and IMO this is an example why  petitioner doesn’t even live in US anymore. 

[Just Paul 4,595]

It is going to be an uphill battle with the petitioners not even living in the US.  Having to get other sponsors are just going to high light the fact that the petitioners don;t actually live in the US and have not domiciled for a long period of time.  Your parents should move back to the US now if you want any chance of success.

[SusieQQQ 11,586]

5 hours ago, Ross manila said:

Yes they dont have any plans of living there again

 

2 hours ago, Ross manila said:

Hey guys what i mean is that they retired here to be with us so if we will migrate they would love to stay there again and for good. 

 

Either they do or don’t intend to move back, the above two statements don’t reconcile.

 

 

 

2 hours ago, Ross manila said:

 It would be so painful leaving his 6 pups and 3cats asap and we’re not even sure if we’ll get approved much more my aged out kids.

1. It’s easy to move pets to the US - no quarantine 

2. If you’re not approved the most likely reason is because they don’t live there. Chicken and egg. If they have been in Philippines since 2001 their tax returns alone will make it obvious they don’t live there, the embassy knows about cases like this and proving genuine intent to re-establish domicile could be difficult. Especially when you are talking about return tickets.

3. You don’t seem to know if your kids are protected by CSPA or not, if you give us the relevant details we can figure that out for you - priority date, approval date, birth dates of kids. 

Edited November 25, 2019 by SusieQQQ

[Pinkrlion 2,724]

USCIS knows when your parents entered and left the US, so they will not be able to lie about domicile. 

[SusieQQQ 11,586]

^ typo above, since 2011 not 2001, doesn’t change the conclusion 

[Boiler 45,542]

Fairly clear what the deal is and by no means the first time I have seen this situation on here.

 

So the real question bearing in mind the real situation is what is the minimum your Parents need to do to show a US residency without actually doing so. And nobody can know, we know as well as you do what the situation is supposed to be. How far the Consulate will dig, now that I certainly can not tell, your case is somewhat more blatant than ones I have seen.

[Ross manila 1]

You all have a point and i know for sure that this is really a tough case. When i was petitioned in 1998 (PD july 1998) three of my children were included and now when i opened the case tru ceac, only one, who is already 22 (born may 1997) is included. My youngest born 1999 is not included so i added her and my other two aged out children as my derivative and fees are paid for each of them. Now all i have to do is upload ds260 and aos. Now, this is really a tough case and a lot of question hope you guys can help me answer

1. Why is my 22 yr old child included

2. Even if they accepted fees for my aged out children they are sure to get denied?

3.  Can my father file aos now and admit he’s in phil now and he’ll come back feb next yr so by the time they get there aos is under review already?

4. Isnt it enough proof of evidence that my parents are receiving their pension tru their us account but no withdrawals are made and they are paying taxes also for their property being rented out?

5. 401k still intact 

[SusieQQQ 11,586]

2 hours ago, Ross manila said:

You all have a point and i know for sure that this is really a tough case. When i was petitioned in 1998 (PD july 1998) three of my children were included and now when i opened the case tru ceac, only one, who is already 22 (born may 1997) is included. My youngest born 1999 is not included so i added her and my other two aged out children as my derivative and fees are paid for each of them. Now all i have to do is upload ds260 and aos. Now, this is really a tough case and a lot of question hope you guys can help me answer

1. Why is my 22 yr old child included

2. Even if they accepted fees for my aged out children they are sure to get denied?

3.  

You were invited before to give appropriate detail to calculate CSPA ages for your children. Do you not want to do that rather than speculating on whether or not they are aged out and what may or may not happen as a result?

Edited November 26, 2019 by SusieQQQ

[SusieQQQ 11,586]

2 hours ago, Ross manila said:

 

3.  Can my father file aos now and admit he’s in phil now and he’ll come back feb next yr so by the time they get there aos is under review already?

4. Isnt it enough proof of evidence that my parents are receiving their pension tru their us account but no withdrawals are made and they are paying taxes also for their property being rented out?

5. 401k still intact 

3. Generally he will need to do more than just say he will go back. He will need to show proper evidence of steps to regain domicile. That will be judged at your interview.

4. No withdrawals? That sounds like proof they’re not living there. Property being rented out also just proves they’re not living in it. Paying taxes is required of them as being USCs regardless where they live, so that doesn’t prove anything to do with domicile.

5. Proves nothing other than they have kept an investment in USD, as do many in developing countries as a hedge against their own currencies depreciating. 

[Ross manila 1]

56 minutes ago, SusieQQQ said:

3. Generally he will need to do more than just say he will go back. He will need to show proper evidence of steps to regain domicile. That will be judged at your interview.

4. No withdrawals? That sounds like proof they’re not living there. Property being rented out also just proves they’re not living in it. Paying taxes is required of them as being USCs regardless where they live, so that doesn’t prove anything to do with domicile.

5. Proves nothing other than they have kept an investment in USD, as do many in developing countries as a hedge against their own currencies depreciating. 

Thanks! This notion didnt enter my mind until you told me so. Anyway still hoping for the best ill update you guys. By the way my father will fly early december and my mother will follow next year.

[Duke & Marie 1,389]

18 hours ago, Ross manila said:

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?

No, nothing.. AOS the d260

 

i still believe youll have problems with domicile for your parents... without their legitimate intent of residency within the USA as a primary residence long term, you’re visa application is dare I say voided through lack of eligibility... you can’t apply for family reunification visa to live in the states with your parents if your parents don’t reside there.. 

[Ross manila 1]

16 minutes ago, Duke & Marie said:

No, nothing.. AOS the d260

 

i still believe youll have problems with domicile for your parents... without their legitimate intent of residency within the USA as a primary residence long term, you’re visa application is dare I say voided through lack of eligibility... you can’t apply for family reunification visa to live in the states with your parents if your parents don’t reside there.. 

Hi again duke&marie. My father will fly next month and he will get a cellphone line and we’ll seeif he can transfer some utility bills of my sister under his name. My mom who will be the cosponsor will follow next yr around february maybe before we get interviewed. You its enough to prove domile and theor intent of staying there with us? Anymore suggestions?

[SusieQQQ 11,586]

6 minutes ago, Ross manila said:

Hi again duke&marie. My father will fly next month and he will get a cellphone line and we’ll seeif he can transfer some utility bills of my sister under his name. My mom who will be the cosponsor will follow next yr around february maybe before we get interviewed. You its enough to prove domile and theor intent of staying there with us? Anymore suggestions?

Transparent.

How about: give notice to their tenants and move back into their property; pay their own utility bills; close their Philippines bank accounts or transfer the assets over; move the pets over; buy a car (or two), etc.