I-130 approved but LPR outside of the US at the moment

[Mononoke28 134]

My 80 year-old aunt is an LPR and petitioned her son back in 1999, they just received his NOA2 and the I-130 is now on its way to the NVC. She really doesn't like living here for health reasons even though she's been here for many, many years, and she doesn't have health insurance either. But last October she couldn't take it anymore and left. It's been seven months now and I know that she can come back without problems if she comes back with a medical letter from her doctor and hospital explaining why she stayed out of the country for so long.

But my question is this, will my cousin have any issues with the rest of his visa process if she stays in Colombia? They are currently trying to see if she's healthy enough to make the trip back but it's not a small feat at this point, they also don't want to ruin his visa process. They already have plenty of relatives who are more than willing to be their co-sponsors (including myself) and he would be staying with his brother who's already a US citizen.

Does anybody have any advice or insight of what may happen or what they need to do if anything?

Thank you very much in advance.

Diana

[YuAndDan 153]

Actually may be an issue.

I-864 instructions:

Who Completes and Signs Form I-864?

A sponsor completes and signs Form I-864. A sponsor is required to be at least 18 years old and domiciled in the United States, or its territories or possessions (see Step-by-step Instructions for more information on domicile). The petitioning sponsor must sign and complete Form I-864, even if a joint sponsor also submits an I-864 to meet the income requirement. The list below identifies who must becomes sponsors by completing and signing a Form I-864.

The U.S. citizen or lawful permanent resident who filed a Form I-130 for a family member, Form I-129F for afiance(e), or Form I-600 or I-600A for an orphan.

http://www.uscis.gov/files/form/I-864.pdf

She needs to have maintained US domicile, and is required to provide I-864 as sponsor, she can us a family member in the USA as a Joint sponsor if income and/or assets don't meet 125% povertyline.

[payxibka 10,044]

Dependant on facts and circumstances however, a US domicile, in most situations, is easily maintained.

[Mononoke28 134]

Well, we know for sure that her resident status is up to date... for now. I'm just afraid that he may get his visa interview after october which will be 1 year fromt he date she left the US, you know?

I think she's gonna have to come back to keep it going until he gets here as hard as it may be on her for a while.

Thanks guys, very helpful as usual!

Diana

[payxibka 10,044]

Well, we know for sure that her resident status is up to date... for now. I'm just afraid that he may get his visa interview after october which will be 1 year fromt he date she left the US, you know?

I think she's gonna have to come back to keep it going until he gets here as hard as it may be on her for a while.

Thanks guys, very helpful as usual!

Diana

How will they know that her LPR status may be in jeopardy? How do they even know she is even out of the country?

Edited June 11, 2008 by fwaguy

[Mononoke28 134]

That's what I've been thinking about all morning because they don't ask about whether she's in the US or not on any paperwork. The other thing I was thinking about is that he may bring a letter from her doctor to the interview explaining she's still in Colombia IF they ask. They just want to do everything legally and don't want to jeopardize his visa approval after having waited for 9 years.

Diana

[payxibka 10,044]

That's what I've been thinking about all morning because they don't ask about whether she's in the US or not on any paperwork. The other thing I was thinking about is that he may bring a letter from her doctor to the interview explaining she's still in Colombia IF they ask. They just want to do everything legally and don't want to jeopardize his visa approval after having waited for 9 years.

Diana

Completely understandable

[YuAndDan 153]

How will they know that her LPR status may be in jeopardy? How do they even know she is even out of the country?

The airlines reports this info when passport is matched up with ticket for boarding of an international flight, they may share this info with DHS. The system used is APIS http://en.wikipedia.org/wiki/Advance_Passe...ormation_System

http://www.cbp.gov/xp/cgov/travel/inspecti...acilities/apis/

https://eapis.cbp.dhs.gov/

They do know when and who leaves the country.

Edited June 11, 2008 by YuAndDan

[Dakine 26]

If they "swipe" the GC then I imagine they will be aware she left and returned.

Don't really know how the system works.

[YuAndDan 153]

If they "swipe" the GC then I imagine they will be aware she left and returned.

Don't really know how the system works.

It is swiped when returning, and the airlines report her leaving, so the do have a record.

[payxibka 10,044]

How will they know that her LPR status may be in jeopardy? How do they even know she is even out of the country?

The airlines reports this info when passport is matched up with ticket for boarding of an international flight, they may share this info with DHS. The system used is APIS http://en.wikipedia.org/wiki/Advance_Passe...ormation_System

http://www.cbp.gov/xp/cgov/travel/inspecti...acilities/apis/

https://eapis.cbp.dhs.gov/

They do know when and who leaves the country.

AFAIK, this APIS system has not been implemented yet...

[Mononoke28 134]

I've been doing my math and I think that if they NVC gets his petition within the next few weeks and they either take the shortcuts or pay the fees online, he may get an interview in September which will be less than a year since she left and her resident status will still be up to date.

Augh... but if she could only make one more trip back...

Diana

[mathlady 0]

I known of many Mexicans who live in Mexico and still keep an address here (usually relatives); then they say that they live here (they collect social security, food stamps, sponsor relatives, even lend their social security cards to other people to use it, etc); and the government never knows unless of course, you tell them. One time I called the Social Securtiy Administration and police to report a criminal who did not live here and never worked in the USA, but was collecting social securty, medical, food stamps, got a low income housing that rented to other people. To my surprised, they told me that they don't have time to investigate that because it is not a big crime!! An nothing was done!!! So as you can see, it pays to lie! How sad, but it is reality.

So, I think you can continue with your process and if the embassy asks where the petitioner lives, then you can say that in the US. They just don't have time to investigate all the petitioners' actual place of residency. Imagine that the backlog would be even worse!

[diadromous mermaid 36]

I known of many Mexicans who live in Mexico and still keep an address here (usually relatives); then they say that they live here (they collect social security, food stamps, sponsor relatives, even lend their social security cards to other people to use it, etc); and the government never knows unless of course, you tell them. One time I called the Social Securtiy Administration and police to report a criminal who did not live here and never worked in the USA, but was collecting social securty, medical, food stamps, got a low income housing that rented to other people. To my surprised, they told me that they don't have time to investigate that because it is not a big crime!! An nothing was done!!! So as you can see, it pays to lie! How sad, but it is reality.

So, I think you can continue with your process and if the embassy asks where the petitioner lives, then you can say that in the US. They just don't have time to investigate all the petitioners' actual place of residency. Imagine that the backlog would be even worse!

and that would be a lie! mathlady, considering your current predicament, is it wise to offer others advice?

[mathlady 0]

I am just simply saying what I know. If immigration does not ask, then you don't tell, and don't volunteer any information, so that way you don't lie and you don't put your visa in jeopardy.