The petitioner now resides outside the US

[asheila28 0]

We just got the letter that our F3 visa was approved. My father, the petitioner, a pensioner now resides in the Philippines with us since my mother passed away. Since my father is the petitioner, does he need to go back to the US? My brother who is a US Navy will be the co-sponsor but currently assigned in Japan. Can anyone help us about this matter? Thank you.

[payxibka 10,047]

4 minutes ago, asheila28 said:

We just got the letter that our F3 visa was approved. My father, the petitioner, a pensioner now resides in the Philippines with us since my mother passed away. Since my father is the petitioner, does he need to go back to the US? My brother who is a US Navy will be the co-sponsor but currently assigned in Japan. Can anyone help us about this matter? Thank you.

This is about family reunification.   Petitioner must reside in the US 

[asheila28 0]

Just now, payxibka said:

This is about family reunification.   Petitioner must reside in the US 

Thank you very much for the reply.

[Chancy 6,243]

6 minutes ago, asheila28 said:

We just got the letter that our F3 visa was approved. My father, the petitioner, a pensioner now resides in the Philippines with us since my mother passed away. Since my father is the petitioner, does he need to go back to the US? My brother who is a US Navy will be the co-sponsor but currently assigned in Japan. Can anyone help us about this matter? Thank you.

 

You mean the petition was approved, right?  I doubt it was the F3 visa that was approved as visa issuance for that category is currently banned.  Anyway...

 

Yes, the petitioner will need to move back to the US.  But no need to move until an Affidavit of Support is required.  Depending on your Priority Date, that could be many years from now.

 

[aaron2020 11,651]

Hi,

 

When did your father file the I-130?

 

When your PD is about to become current and it's time to upload documents to the NVC, your father will need to send in proof that he has a US domicile (resident).  Your father having a US domicile is an absolute requirement for issuing immigrant visas.  No US domicile, then no visas.  

[asheila28 0]

Thank you

[asheila28 0]

My father filed the petition in 2002.

4 minutes ago, aaron2020 said:

Hi,

 

When did your father file the I-130?

 

When your PD is about to become current and it's time to upload documents to the NVC, your father will need to send in proof that he has a US domicile (resident).  Your father having a US domicile is an absolute requirement for issuing immigrant visas.  No US domicile, then no visas.  

 

16 minutes ago, Chancy said:

 

You mean the petition was approved, right?  I doubt it was the F3 visa that was approved as visa issuance for that category is currently banned.  Anyway...

 

Yes, the petitioner will need to move back to the US.  But no need to move until an Affidavit of Support is required.  Depending on your Priority Date, that could be many years from now.

 

Thank you. It was approved. The affidavit of support is required and we are ask to pay the necessary fees.

[aaron2020 11,651]

Your father will need to move back to the US.  He will need to send in proof of having a US domicile.  He must maintain a US domicile until you immigrate to the US and have your green cards.  

After you immigrate to the US and have your green cards, your father is free to move back to the Philippines if he wishes.  

P.S.  USCIS probably approved the I-130 years ago.  You are just starting the next step.  What's the first 4 numbers in your case number?  Are there derivative beneficiary grandchildren who are over age 21?

[asheila28 0]

1 minute ago, aaron2020 said:

Your father will need to move back to the US.  He will need to send in proof of having a US domicile.  He must maintain a US domicile until you immigrate to the US and have your green cards.  

After you immigrate to the US and have your green cards, your father is free to move back to the Philippines if he wishes.  

P.S.  USCIS probably approved the I-130 years ago.  You are just starting the next step.  What's the first 4 numbers in your case number?  Are there derivative beneficiary grandchildren who are over age 21?

The first 4 numbers are 2009. I have a son who turned 21 this year. 

[aaron2020 11,651]

5 minutes ago, asheila28 said:

The first 4 numbers are 2009. I have a son who turned 21 this year. 

It took USCIS about 6-7 years to approve the I-130 (2002 to 2009).  This means derivative beneficiaries below age 27-28 will be able to immigrate with their parent.  Make sure your son stays unmarried when he arrives in the US.  

Best of luck.  

Edited October 29, 2020 by aaron2020

[asheila28 0]

14 minutes ago, aaron2020 said:

It took USCIS about 6-7 years to approve the I-130 (2002 to 2009).  This means derivative beneficiaries below age 27-28 will be able to immigrate with their parent.  Make sure your son stays unmarried when he arrives in the US.  

Best of luck.  

Thank you and have a nice day