My dad is a US citizen but doesn't live there!!

[VeryConfused. 0]

I filed form i-130 along with my dad in December 2011. Hes a US citizen but has been living here for decades, but he's still got his US passport and everything. When looking into the i-130 it seemed i was eligible to file it, with my dad being the petitioner. I got it back a week ago APPROVED! So everything was fine, sorted my police certificates which im clear on and booked my medical examination which im sure i'll also be clear on..but then i looked at the affidavit of support ( i-864 ) and was like because it says my dad must have a SSN and his main residence must be in the US...which like i said it's not.

This has made me very angry because this wasnt made clear when completing this form, and i dont understand why my dad must be living in the US with me? :S Im 18 years old so i'm not a minor..and i do have plenty of support from 1) my boyfriend whose also a us citizen that ill be living with over there and 2) everyone in my family..even though they live in the UK

Basically, I want to know if theres any way around this because ive already got so far and spent A LOT of money

[Inky 1,111]

Could he not have filed CRBA and you gotten US citizenship? If you have birth claim to US citizenship you might not be able to be issued a visa.

But no there is no way around it. Your dad has to file an affidavit of support he is the petitioner and he must show that hes moving back to the USA. Its unfortunate you didn't find this website sooner and check out the guides and ask your questions before you started the process.

[Penguin_ie 5,994]

No way around it for getting a visa. You are getting a visa on the basis of family re-unification, and if your dad doesn't live in the USA, that isn't needed. Your dad was also supposed to file US taxes for all those years, did he?

There is a small chance that you are entitled to US citizenship rather than a visa, depending on how long your dad lived in the USA and when you were born (laws changed over the years).

[VeryConfused. 0]

Could he not have filed CRBA and you gotten US citizenship? If you have birth claim to US citizenship you might not be able to be issued a visa.

But no there is no way around it. Your dad has to file an affidavit of support he is the petitioner and he must show that hes moving back to the USA. Its unfortunate you didn't find this website sooner and check out the guides and ask your questions before you started the process.

Well like i said they have already sent me back a notice of approval for the form i-130, and my dad put n/a for the SSN bit because he doesnt know it he only lived there til the age of 4.. and i'm not sure about that because im 6 months over the age 18 now :/

[VeryConfused. 0]

No way around it for getting a visa. You are getting a visa on the basis of family re-unification, and if your dad doesn't live in the USA, that isn't needed. Your dad was also supposed to file US taxes for all those years, did he?

There is a small chance that you are entitled to US citizenship rather than a visa, depending on how long your dad lived in the USA and when you were born (laws changed over the years).

Yeah well i realise that now but ..to be fair that really wasnt made clear. He even wrote his UK address on the form which was approved so, we were under the impression we were find for it. Everything was fine until the i-864 :/ My dad only lived there for 4 years so.. i dont think i do

[Deputy Purple 1,294]

Yeah well i realise that now but ..to be fair that really wasnt made clear. He even wrote his UK address on the form which was approved so, we were under the impression we were find for it. Everything was fine until the i-864 :/ My dad only lived there for 4 years so.. i dont think i do

You don't have a claim to US Citizenship, you Dad doesn't meet the residency requirements to transfer that to you.

The I-130 does one very important thing, it established that you have a petition-able relationship with a US Citizen. All an approved I-130 does is open the door for applying to immigrate to the US. The instructions for the I-130 don't mention it doing anything else.

Currently the primary purpose of family based immigrant visas in the US is to unify families. You case doesn't fit that purpose so while you do have a petition-able relationship your desire to move to the US isn't within the scope of DOS's reasons to allow you to do so.

Your USC Petitioner living abroad isn't a deterrent to USCIS accepting or even approving the petition as there are some very valid reasons to allow it, for example:

USC takes a job overseas and gets married while there. In order to move back to the US with their new spouse they need to get a visa. In this situation the USC would have to prove they plan to establish domicile in the US either before or at the same time their spouse immigrates.

The good news is that you can still visit your boyfriend using VWP and if things go well he won't have any problems sponsoring you to immigrate.

Edited April 12, 2012 by Bob 4 Anna

[JimVaPhuong 4,863]

The I-864 requires the sponsor to be domiciled in the United States because it's an enforceable contract that requires the sponsor to ensure that the immigrant doesn't become a public charge in the United States. That contract cannot be enforced if the sponsor isn't living in the US. If your dad isn't living in the US, and has no intention of returning to the US in order to satisfy the domicile requirement, then he isn't a qualified sponsor. His affidavit of support will be rejected for the domicile requirement.

As others have mentioned, the primary purpose of family based immigration is to reunite families in the United States. It's not so that any US citizen can act as a personal immigration portal for their family members living abroad. The intentions of Congress in passing an act of law are not always codified in the law itself, nor are they always reflected in the policies of the agencies that are charged with carrying out those laws. In a nutshell, this means that in most cases USCIS doesn't care why your dad is petitioning for you to go to the United States, whether it's to be united with him or to find a job or to go to school or whatever. If you and he meet the statutory requirements and have complied with the government's policies then you get the visa. They don't usually start applying the intent of the law unless it's a case where they have discretion to do so. For example, if a US citizen files a petition for a visa that's in a numerically limited category, and the petitioner dies before a visa is available for the beneficiary, then the petition is automatically revoked. The beneficiary can appeal to USCIS to reinstate the approval of the petition on humanitarian grounds, in which case USCIS will consider whether reinstating the petition would satisfy the intention of family reunification.

All of the information you needed to know was available to you before your dad submitted the petition. There are summary pages on the Department of State website that provide an outline of each step in the process. They also direct you to sites where you can find more information about specific steps. There are also sites like VJ that provide step-by-step guides for the process for family based immigrant visas. If you'd done some basic research in advance then you would have known about the I-864 and it's requirements. I'm not saying this to lecture you, but just as general advice in any future dealings with the US government - be prepared to do your homework or hire a professional who already knows everything you'll need to do. The laws are complicated, and the US government doesn't have the resources to assign a personal assistant to help everyone navigate the bureaucracy.

[Gigli2008 70]

The I-864 requires the sponsor to be domiciled in the United States because it's an enforceable contract that requires the sponsor to ensure that the immigrant doesn't become a public charge in the United States. That contract cannot be enforced if the sponsor isn't living in the US. If your dad isn't living in the US, and has no intention of returning to the US in order to satisfy the domicile requirement, then he isn't a qualified sponsor. His affidavit of support will be rejected for the domicile requirement.

As others have mentioned, the primary purpose of family based immigration is to reunite families in the United States. It's not so that any US citizen can act as a personal immigration portal for their family members living abroad. The intentions of Congress in passing an act of law are not always codified in the law itself, nor are they always reflected in the policies of the agencies that are charged with carrying out those laws. In a nutshell, this means that in most cases USCIS doesn't care why your dad is petitioning for you to go to the United States, whether it's to be united with him or to find a job or to go to school or whatever. If you and he meet the statutory requirements and have complied with the government's policies then you get the visa. They don't usually start applying the intent of the law unless it's a case where they have discretion to do so. For example, if a US citizen files a petition for a visa that's in a numerically limited category, and the petitioner dies before a visa is available for the beneficiary, then the petition is automatically revoked. The beneficiary can appeal to USCIS to reinstate the approval of the petition on humanitarian grounds, in which case USCIS will consider whether reinstating the petition would satisfy the intention of family reunification.

All of the information you needed to know was available to you before your dad submitted the petition. There are summary pages on the Department of State website that provide an outline of each step in the process. They also direct you to sites where you can find more information about specific steps. There are also sites like VJ that provide step-by-step guides for the process for family based immigrant visas. If you'd done some basic research in advance then you would have known about the I-864 and it's requirements. I'm not saying this to lecture you, but just as general advice in any future dealings with the US government - be prepared to do your homework or hire a professional who already knows everything you'll need to do. The laws are complicated, and the US government doesn't have the resources to assign a personal assistant to help everyone navigate the bureaucracy.

If the OP finds someone else to support her (for AOS) can she get through the IV process?

[Mellow 8]

You have 2 options:

1) your fiance can file a K1 petition for you (in 6 months more or less you'll be in the US); this option will enable you to get a conditional green card

2) You reclaim your US birthright even if your father did not live in the US for a long time (provided any of your grandparents (father-side) lived in the US to satisfy the domicile requirement.

[JimVaPhuong 4,863]

If the OP finds someone else to support her (for AOS) can she get through the IV process?

This has come up before, and I don't believe it's possible. INA 213A and the Adjudicators Field Manual section 20.5 both define a sponsor as a US citizen or permanent resident, at least 18 years old, domiciled in the US or one of it's territories, who can demonstrate a means to maintain the minimum required income. Both the INA and AFM allow for a joint sponsor if the primary sponsor cannot meet the income requirements. There are no provisions in either the INA or AFM to allow a joint sponsor to make up for the fact that the primary sponsor doesn't mean one of the other requirements in the definition, including the requirement that the sponsor be domiciled in the US.

[VeryConfused. 0]

You have 2 options:

1) your fiance can file a K1 petition for you (in 6 months more or less you'll be in the US); this option will enable you to get a conditional green card

2) You reclaim your US birthright even if your father did not live in the US for a long time (provided any of your grandparents (father-side) lived in the US to satisfy the domicile requirement.

Unfortunately my father left the country with his mother (british) and left his father (USC) and hasnt been in touch since so, we know none of his american family :/

[Mellow 8]

Unfortunately my father left the country with his mother (british) and left his father (USC) and hasnt been in touch since so, we know none of his american family :/

It doesn't matter. You just have to prove that your grandfather continues to live in the US. If you plan to take this route, consult a good immigration lawyer. I recommend Atty Michael Gurfinkel... http://www.gurfinkel.com

[aaron2020 11,651]

You have 2 options:

1) your fiance can file a K1 petition for you (in 6 months more or less you'll be in the US); this option will enable you to get a conditional green card

2) You reclaim your US birthright even if your father did not live in the US for a long time (provided any of your grandparents (father-side) lived in the US to satisfy the domicile requirement.

Option 2 is no longer available. To claim US citizenship through a grandparent, the child must be under age 18. Once the child turns 18, the child cannot claim US citizenship based on a grandparent.

Option 3 where dad establish a US domicile is an alternative. Dad would need to move to the US. This may not be practical if dad has a job back home. Additionally, it could take years.

Option 1 is the most practical if she is ready for marriage.

Edited April 14, 2012 by aaron2020

[Deputy Purple 1,294]

nvrmind...

Edited April 14, 2012 by Bob 4 Anna

[aaron2020 11,651]

I filed form i-130 along with my dad in December 2011. Hes a US citizen but has been living here for decades, but he's still got his US passport and everything. When looking into the i-130 it seemed i was eligible to file it, with my dad being the petitioner. I got it back a week ago APPROVED! So everything was fine, sorted my police certificates which im clear on and booked my medical examination which im sure i'll also be clear on..but then i looked at the affidavit of support ( i-864 ) and was like because it says my dad must have a SSN and his main residence must be in the US...which like i said it's not.

This has made me very angry because this wasnt made clear when completing this form, and i dont understand why my dad must be living in the US with me? :S Im 18 years old so i'm not a minor..and i do have plenty of support from 1) my boyfriend whose also a us citizen that ill be living with over there and 2) everyone in my family..even though they live in the UK

Basically, I want to know if theres any way around this because ive already got so far and spent A LOT of money

When you choose to go through the immigration process on your own, recognize that you are embarking on a do-it-yourself project. You need to read and educate yourself. There is no one there to tell you what to do. There is no one there to tell you if you are doing it correctly or not.

If you want someone to make it clear for you when you complete the forms, then hire an attorney.

The analogy is being my own plumber. I can try to fix a water leak by myself. If I don't educate myself on how to fix it, then I shouldn't get angry when I screw up. If I want it done right, I will find help from those more experience before embarking on my fix, or I would hire a plumber. Otherwise, I will be stumbling along.

You have to educate yourself on the entire process. Your anger was caused by your lack of knowledge. The information that your dad must be domiciled in the US to file the I-864 is out there. It is often discussed in this do-it-yourself forum.

You can either go find the information, or you can pay for an attorney to spoon feed it to you.

The immigration process is what it is. Millions have gone through it. It's relatively easy in most family based cases. The information is out there.

Read the Guides.

Edited April 14, 2012 by aaron2020