SB1 Visa

[Child of the Sun1 0]

@Lil bear and you dodge the question hehehe. 

[Lil bear 4,218]

1 hour ago, Child of the Sun1 said:

@Lil bear and you dodge the question hehehe. 

No 

I’m not dodging the question. I’m choosing to not be seem as argumentative .. or rude . 

[Child of the Sun1 0]

@Lil bear I don't nor will I see it that way. However, I want to hear the answer to the question.  Quite frankly you were right. An Individual can not be residents of two countries. Though the fact is she is already a resident of the Philippines since birth but that's beside the point. My main concern is if the Individual indeed have a situation beyond its control and this Individual can not rely on anyone else to help him/her financially, then how can she get back in the US? I do understand if an LPR went outside the US, Immediately worked and stayed there for so many yrs then for me I can see the Intention there. But what if the person just so happens to be stuck because of unforeseen circumstances and didn't work right away, but it took this person after 2 yrs to work because of financial needs? Now that financial needs also involved saving money In case the person was able to find a way to get back in the US. So this is the scenario that I wanted to know inputs from other people.  

[geowrian 22,337]

49 minutes ago, Child of the Sun1 said:

Though the fact is she is already a resident of the Philippines since birth but that's beside the point.

This line doesn't make sense. She may have been a citizen since birth and a resident at birth, but she has not been a resident since birth if she has a green card.

 

Quote

My main concern is if the Individual indeed have a situation beyond its control and this Individual can not rely on anyone else to help him/her financially, then how can she get back in the US? I do understand if an LPR went outside the US, Immediately worked and stayed there for so many yrs then for me I can see the Intention there. But what if the person just so happens to be stuck because of unforeseen circumstances and didn't work right away, but it took this person after 2 yrs to work because of financial needs? Now that financial needs also involved saving money In case the person was able to find a way to get back in the US. So this is the scenario that I wanted to know inputs from other people.  

They will take into consideration all factors with the evidence presented. They will then make a decision if she abandoned residency or not. The burden is on her to demonstrate that she did not intend to abandon residency and that she stayed so long for reasons beyond her control.

Work alone does not disqualify one from an SB-1 visa. But both establishing employment and not having employment to return to in the US are factors they will consider.

Info directly from the FAM: https://fam.state.gov/fam/09FAM/09FAM050207.html

 

One thing I would note for the SB-1 visa path is it may require an I-134 (affidavit of support). I may have missed if this was brought up earlier in the thread, but does she have a US relative to provide one?

The other reason I raise this as an issue is questions were raised about her financial capabilities. When applying for an SB-1 visa, the public charge rule applies.

Although this all comes into play only if she gets past the decision that she didn't abandon residence (the first step of an SB-1).

 

As others have said, the only way to know is to try and find out.

[Child of the Sun1 0]

@geowrian Thank you so much for that comment. I would like to clarify when I said about since birth she was  already a  citizen. What I meant was  she is a filipino citizen a resident in her town before she migrated back in the US. So if you will take a look at it  since that she is now a US LPR but stilll she is a filipino citizen/resident in her town.  Now since you brough up the affidavit of support,  what if someone is willing to lend her money and deposit it in her bank account like lets 3k, do you  still need affidavit of support? as far as relatives she does have a sister but they are not in good terms she has good friends though

 

[Child of the Sun1 0]

@geowrian also, according to my friend she was able to obtain a letter from her employer stated the dates that she started working until her last day and it was also stated that they will come her to come back to if there is a position fit for her. Will that do to show that she will have employment when she gets back in here in the US?

[geowrian 22,337]

21 minutes ago, Child of the Sun1 said:

@geowrian Thank you so much for that comment. I would like to clarify when I said about since birth she was  already a  citizen. What I meant was  she is a filipino citizen a resident in her town before she migrated back in the US. So if you will take a look at it  since that she is now a US LPR but stilll she is a filipino citizen/resident in her town.  Now since you brough up the affidavit of support,  what if someone is willing to lend her money and deposit it in her bank account like lets 3k, do you  still need affidavit of support? as far as relatives she does have a sister but they are not in good terms she has good friends though

I think I get what you're saying...but I would absolutely not mix the use of citizen vs resident. She is a Filipino citizen. She was a resident of her home town. She will likely always be considered part of her home town (Filipinos do tend to take great pride in where they come from!). I just wouldn't say she is still a resident of her town as that has very distinct meaning, especially with regards to immigration.

 

A sudden large deposit tends to look very strange to a CO. They want to see that the funds are genuinely available for their use. It's far too common that somebody tris to put money into another's account to look good for immigration purposes, but with the intent to return it after approval. Loans won't cut it. For this reason, they tend to want to see 12 months of bank statements, unless there is an explainable reason for a sudden large deposit (i.e. an insurance claim paid out, inheritance, selling of other assets, etc.).

 

Also, we are not talking about like $3k. I don't have hard number to say what will satisfy them as it is a judgement call by the CO, but the general rule is at least 125% of the federal poverty level. Assets are generally considered at a 5:1 ratio ($5 assets = $1 income).

However, how exactly assets are considered for an SB-1 is less clear to me, sorry. We see so few successful SB-1 visas (again, finances are only considered after getting through the first step about abandoning residence) that it's really hard to gauge how they view it.

 

12 minutes ago, Child of the Sun1 said:

@geowrian also, according to my friend she was able to obtain a letter from her employer stated the dates that she started working until her last day and it was also stated that they will come her to come back to if there is a position fit for her. Will that do to show that she will have employment when she gets back in here in the US?

That would be fine to include for consideration of the totality of the circumstances. It does not guarantee anything nor negate the request of an I-134, but being employable is a positive factor.

Edited June 9, 2020 by geowrian

[Child of the Sun1 0]

@geowrian I see yes I understand completely about that filipino citizen vs resident. Now here is the confusing part. I don't understand why the Immigration Officer would investigate more about the money that she has. What if she got married and that money is from the husband's money from work etc... why would they care about it? I trying to understand that. So my question is how would she able to prove from your perspective  that she can support her self? what would be the best way to show that she have money to support her self

[Child of the Sun1 0]

@geowrian You said see so few successful SB-1 visas what are the common scenarios they have? I spoke to someone in the US Embassy in Manila and they said taking care of a ill parent is a pretty common cases of LPRs being stranded outside the US. Now this is the US Embassy in Manila so I assumed this person is stating based in the Embassy In Manila alone. 

But if what you  said is true about few successful what are the common factors why the officer denies the sb1 visa?

[Child of the Sun1 0]

@geowrian are you  a filipino by any chance?

[geowrian 22,337]

1 hour ago, Child of the Sun1 said:

Now here is the confusing part. I don't understand why the Immigration Officer would investigate more about the money that she has. What if she got married and that money is from the husband's money from work etc... why would they care about it? I trying to understand that. So my question is how would she able to prove from your perspective  that she can support her self? what would be the best way to show that she have money to support her self

They generally don't need specifics about regular transactions. But if there is something unusual like a large sum of funds that can't be obviously traced back to a regular source (employment, one's spouse's employment, etc.), they can raise a question about it. The example would be a loan or friend/family member putting money into somebody's account just for immigration purposes. A loan is at least as much of a liability as an asset.

 

The primary factors they consider are here: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

Things like age, education, employment history, etc. can be positive or negative factors.

 

1 hour ago, Child of the Sun1 said:

@geowrian You said see so few successful SB-1 visas what are the common scenarios they have? I spoke to someone in the US Embassy in Manila and they said taking care of a ill parent is a pretty common cases of LPRs being stranded outside the US. Now this is the US Embassy in Manila so I assumed this person is stating based in the Embassy In Manila alone. 

But if what you  said is true about few successful what are the common factors why the officer denies the sb1 visa?

Some of the most common cases of successful SB-1 visas are for things like children and students, those who fell medically ill and were not safe to travel, etc. Possibly even incarceration, although I can't say I've actually seen somebody on VJ with tat one yet..

Another likely possibility I think we'll see more of soon is the COVID situation with flight availability and medical issues. No idea if they will be successful or not, but I do think we'll see more of it over the coming months (there are a couple cases on VJ of people thinking they will need to go this route already).

 

There is not a clear stance in either direction that caring for a family member is "beyond the alien's control". Specifics will matter. It's not a clear "this will work" or "this won't work" case.

Ties maintained to the US are usually a good indicator IMO. Did they have a job to return to at the time they left? Did they have a close family member to return to? Did they keep current on their US taxes? These are all factors considered.

 

A counterargument to caring for a relative would be that it makes sense for a few months travel, but once you start getting into a few months -> several months -> over a year, what attempts were made to find a family member, friend, or professional aid to provide necessary care? One could argue that it became a preference, not a necessity.

To be clear, I am not saying anything either way here...I'm just raising questions thatr somebody critical of situation would likely ask (themselves, if not the applicant as well). One should be ready to explain that situation if asked.

 

13 minutes ago, Child of the Sun1 said:

@geowrian are you  a filipino by any chance?

My wife is.

Edited June 9, 2020 by geowrian

[Child of the Sun1 0]

@geowrian Can I chat with you privately?

[Boiler 45,525]

Well her son or daughter could presumably sponsor her, might be the simplest option.

 

Best to keep everything on forum, none of us know everything and that way others can spot errors.

[Child of the Sun1 0]

@geowrian 

4 minutes ago, geowrian said:

A counterargument to caring for a relative would be that it makes sense for a few months travel, but once you start getting into a few months -> several months -> over a year, what attempts were made to find a family member, friend, or professional aid to provide necessary care

What she told me is she couldnt find anybody available to take care of his father and help with her step mom. She siad her bro living 4 hrs away from her dad also medical condition and pretty much he is very busy with his own family, for her sister well they don't really talk even when her mother passed away back in 2007. Her sister distant herself from the family. As far as professional home care, that is not pretty common nor safe in the Philippines. Especially, the fact that they lived in a very rural place in the province.  She said her dad is a retired US citizen who is receiving pension from Social Security so its not pretty safe. The probability of an abuse or something may happen Increase. She also added that the reason she will hire someone is to take care of her father and to relieve her from headache and stress, but what if that decision becomes the headache itself. Especially, in this country home care is pretty uncommon. That is what she said to me before when I myself asked her why cant you just get a caregiver maybe? to take care of your father. And she said that based the news, based the social media in the Philippines abuses are very common even for care givers who came from a legit agency. You just never know who you can trust especially here in the Philippines that is very rampant.

[Child of the Sun1 0]

9 minutes ago, Boiler said:

Well her son or daughter could presumably sponsor her, might be the simplest option.

 

Best to keep everything on forum, none of us know everything and that way others can spot errors.

I agree,  However she still want to see her chances. She is now waiting for her w2 for otherwise her CPA will write a letter stating about her tax situation. Especially the CPA stated IRS is closed