F2A Child- Proof of Domicile for LPR father

[Tracker 0]

My father who is a permanent resident is my petitioner. I'm expecting an interview in maybe a few months from now and had concerns about his domicile proof.

He got his green card in march 2017. since then, he's stayed out of the US on a re-entry permit for over two years and has just returned to the US 8 months ago. He is planning to visit India soon, before my visa interview. He is retired and isn't working in the US at the moment and doesn't drive, no tax-returns or lease agreements/utility bills because he is dependent on my brother (who is my joint sponsor). My father has a bank account in the US but it has not been actively used. What can I possibly submit as his proof of domicile? 

At the NVC state, we only submitted his green card copy and that was accepted. But I'm concerned about his domicile being an issue that could be brought up at the interview, and if they want to see more proofs. 

If someone has been in a similar situation and has pointers for me, I would appreciate. Thanks!

[arken 4,197]

It is possible the CO may ask for additional info at the interview. Can he not stay in the US till then? If he remains in the US, nothing is required. He needs to return back to US before you or with you anyway. He is jeopardizing his own GC as well by traveling again soon after staying abroad for couple of years.

[SusieQQQ 11,586]

I am inclined to agree on the face of it domicile looks a little tricky. Was the idea that your father would be an LPR until he could sponsor you and then he will return to India once you have a green card? Because that is kind of what this looks like.

[Tracker 0]

On 6/10/2021 at 3:39 PM, arken said:

It is possible the CO may ask for additional info at the interview. Can he not stay in the US till then? If he remains in the US, nothing is required. He needs to return back to US before you or with you anyway. He is jeopardizing his own GC as well by traveling again soon after staying abroad for couple of years.

Is the beneficiary allowed to enter the US before the petitioner? (If domicile isn't an issue and the visa is approved). 

I know the primary applicant is supposed to enter at the same time/ before the derivative family members. But what about the beneficiary entering the US for the first time while the petitioner isn't in the US? If someone could clarify, I'd appreciate it!

[Tracker 0]

On 6/10/2021 at 4:17 PM, SusieQQQ said:

I am inclined to agree on the face of it domicile looks a little tricky. Was the idea that your father would be an LPR until he could sponsor you and then he will return to India once you have a green card? Because that is kind of what this looks like.

The intention isn't for him to not maintain his status in the long term. There are some persona issues and he needed to visit India for longer, hence the re-entry permits. He will most likely be back in the US at the time of my interview but bc he has history of staying out and not necessarily maintaining domicile we are worried about this being an issue.

If the petitioner is retired, and is dependent on someone, doesn't pay utilities/drive etc - what kind of domicile proofs could we possible collect?

 

[Chancy 6,241]

27 minutes ago, Tracker said:

Is the beneficiary allowed to enter the US before the petitioner?

 

No -- "The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must arrive in the United States concurrently with the applicant."  Refer to https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos23

 

[Tracker 0]

8 minutes ago, Chancy said:

 

No -- "The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must arrive in the United States concurrently with the applicant."  Refer to https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos23

 

Thank you!

[SusieQQQ 11,586]

1 hour ago, Tracker said:

If the petitioner is retired, and is dependent on someone, doesn't pay utilities/drive etc - what kind of domicile proofs could we possible collect?

Does his pension get paid into US bank accounts? Does he actively use a US debit or credit card in the US? Does he have a state ID (in lieu of drivers license)? Does he belong to any local clubs that he is active in? Does he have a doctor/medical history in the US? There are many possible angles to show someone is living in the US… the main problem seems to be that he actually isn’t, so none of these are applicable.

[Tracker 0]

9 hours ago, SusieQQQ said:

Does his pension get paid into US bank accounts? Does he actively use a US debit or credit card in the US? Does he have a state ID (in lieu of drivers license)? Does he belong to any local clubs that he is active in? Does he have a doctor/medical history in the US? There are many possible angles to show someone is living in the US… the main problem seems to be that he actually isn’t, so none of these are applicable.

If the petitioner is in the US at the time of interview, will domicile still be an issue that will be investigated? 

He does have some of the proofs you suggested here. And I'm trying to look for anything else that is applicable for someone in his situation

Edited June 15, 2021 by Tracker