Entering US first time without petitioner

[African Zealot 1,455]

After your first entry, it doesn’t matter if your father literally decides to relocate to Mars via Elon Musks spaceship. You won’t subsequently be asked anything about his domicile anymore.

[Tracker 0]

2 minutes ago, African Zealot said:

After your first entry, it doesn’t matter if your father literally decides to relocate to Mars via Elon Musks spaceship. You won’t subsequently be asked anything about his domicile anymore.

🤣 okay. thanks for your response!

[nastra30 2,284]

55 minutes ago, Tracker said:

so will it be an issue trying to enter back without him?

or they'll consider my case individually from that point on 

After your first entry with your dad you become a LPR resident in your own right. And as such you can vacation/travel and re-enter the US as LPR in your own right. 

[SalishSea 17,827]

7 hours ago, Tracker said:

okay that sounds good. i was wondering if they'd still ask proof and stuff about his domicile. will it matter if he travels outside of the US during this time? when i enter again after visiting canada

If he is a green card holder who no longer intends to reside in the US, he is putting his green card at risk.

[Mike E 11,739]

2 hours ago, Jorgedig said:

If he is a green card holder who no longer intends to reside in the US, he is putting his green card at risk.

If the financial sponsor doesn’t actually have domicile in the US, then doesn’t the basis for granting the beneficiary’s green card crumble? 
 

Seems like DHS could down the road check travel histories and conclude the beneficiary’s green card was fraudulently obtained through a fraudulent I-864.  

[Tracker 0]

20 minutes ago, Mike E said:

If the financial sponsor doesn’t actually have domicile in the US, then doesn’t the basis for granting the beneficiary’s green card crumble? 
 

Seems like DHS could down the road check travel histories and conclude the beneficiary’s green card was fraudulently obtained through a fraudulent I-864.  

3 hours ago, Jorgedig said:

If he is a green card holder who no longer intends to reside in the US, he is putting his green card at risk.

He does plan on maintaining his green card. Right now he has to be in India for a while so he got a re-entry permit. Could this become an issue when I try to enter the US from Canada?

I actually had a joint sponsor for my case. so technically the financial sponsor his him. although i understand the primary sponsor would still be my dad

 

Edited June 9, 2022 by Tracker

[Dashinka 24,493]

44 minutes ago, Tracker said:

 

If he is doing it correctly by getting the re-entry permit for extended stays abroad, then I would not worry about it.  As others have said specific to you, it is your first entry that matters relative to your primary sponsor (your father).  Just make sure you arrive in the US prior to the expiration of your F2A visa with or after your father.  
 

Good Luck

Edited June 9, 2022 by Dashinka

[Mike E 11,739]

The primary sponsor has a re-entry permit and isn’t physically inside the USA. Today I learned that this is  evidence of domicile per the US embassy in India.  Amazing. 
 

  

[Tracker 0]

1 minute ago, Mike E said:

The primary sponsor has a re-entry permit and isn’t physically inside the USA. Today I learned that this is  evidence of domicile per the US embassy in India.  Amazing. 
 

  

as i mentioned in my original post - we showed intent to re-establish domicile

[Mike E 11,739]

Just now, Tracker said:

as i mentioned in my original post - we showed intent to re-establish domicile

And I am amazed the embassy thinks that is intent.  Was the embassy informed that the primary sponsor had a re-entry permit?

[SusieQQQ 11,586]

5 hours ago, Tracker said:

as i mentioned in my original post - we showed intent to re-establish domicile

Yet from what you have said so far, it actually seems that the intent is not really there.  I’m kind of with Mike on this one, lucky for you they don’t seem to actually check up on people after the fact and that allows the system to be gamed.

And it’s more than the financial sponsor btw - the whole point of family-based petitions is family reunification, which means the visa is not necessary if the petitioning family member is not actually in the US. 

 

 

[African Zealot 1,455]

This thread is growing legs . The consular at the embassy was convinced that the intent to establish domicile was there, reentry permit or not. End of story.

 

OP, good luck on your immigration journey and welcome to the land flowing with milk 🥛 and honey 🍯.

 

 

[Tracker 0]

On 6/10/2022 at 6:05 AM, African Zealot said:

This thread is growing legs . The consular at the embassy was convinced that the intent to establish domicile was there, reentry permit or not. End of story.

 

OP, good luck on your immigration journey and welcome to the land flowing with milk 🥛 and honey 🍯.

 

 

Thank you!