Petitioner not staying in USA

[situl 0]

Hello, My mother has filed my F3 and received welcome letter.

She is  in India since 2 years  due to medical reasons.And doesnt have any residence in USa in her name.

Will this effect my filling DS 260?

[aleful 1,905]

hi

 

definitely,

 

she needs to be living in the US to petition for you. you are immigrating for family reunificacion purposes. if your mom doesn't live here, there is no need for reunification

 

she needs to file the affidavit of support, have a US domicile and be here, 

did she file taxes? if not then she will need to write a letter explaining why she didn't need to file taxes. I'm sure she has a joint sponsor for all of you?

 

She should return immediately to the US and establish domicile

[SalishSea 17,842]

10 minutes ago, situl said:

Hello, My mother has filed my F3 and received welcome letter.

She is  in India since 2 years  due to medical reasons.And doesnt have any residence in USa in her name.

Will this effect my filling DS 260?

Yes, clearly since that is the purpose of that visa category: family reunification.

[Just Paul 4,595]

12 minutes ago, situl said:

She is  in India since 2 years  due to medical reasons.

You will be unable to immigrate if your sponsor doesn't even live in the US.  She will need to re-establish domicile.

[situl 0]

52 minutes ago, aleful said:

hi

 

definitely,

 

she needs to be living in the US to petition for you. you are immigrating for family reunificacion purposes. if your mom doesn't live here, there is no need for reunification

 

she needs to file the affidavit of support, have a US domicile and be here, 

did she file taxes? if not then she will need to write a letter explaining why she didn't need to file taxes. I'm sure she has a joint sponsor for all of you?

 

She should return immediately to the US and establish domicile

 

54 minutes ago, aleful said:

hi

 

definitely,

 

she needs to be living in the US to petition for you. you are immigrating for family reunificacion purposes. if your mom doesn't live here, there is no need for reunification

 

she needs to file the affidavit of support, have a US domicile and be here, 

did she file taxes? if not then she will need to write a letter explaining why she didn't need to file taxes. I'm sure she has a joint sponsor for all of you?

 

She should return immediately to the US and establish domicile

Thanks So much for the prompt reply.

Yes she used to file taxes while in the USa. But due to health conditions she was in India .

Does she require to travel immediately  before i file my DS 260 or can go after ?

[aleful 1,905]

hi

 

immediately, so se can start sending the documents, plus she needs to have an address for the forms in the US. the payments of the forms are from a US bank account, she needs to fill out the i864 affidavit of support, plus the i864 affidavit of support of the joint sponsor

 

she needs to be here for the nvc stage

 

the taxes that they are requesting are from the last 3 years, that's why she will need to justify why she didn't have to file taxes the 2 years that she was in India

 

 

[SusieQQQ 11,586]

They will also have to believe she really intends to live in the US and is just not temporarily traveling back to get you a visa. That is what “re-establish domicile “ means.