Hope to find some advises on petitioner living outside the U.S.

[megan_teddy 0]

Hi,

My grandfather is a U.S. Citizen and filed a petition for our whole family...though I'm already out of the petition as I aged out and got married.

My concern is my grandfather, who is now old and sick, came here in the Philippines and my parents interview is approaching. My parents are worried because we know that the petitioner should be in the U.S.

I read in the internet that there is this U.S. domicile requirements for petitioners living outside the U.S... I am confused, please give some light with these requirements.

Should my grandfather do/pass those requirements...is the letter of intent to go back in the U.S enough?

I will greatly appreciate any help.

[canadian_wife 1,791]

Good question, I know for a spouse, the USC must travel with or before the beneficiary.

I wonder if this is the same for a father with grown children

good luck

[megan_teddy 0]

Thank you Ma'am. I am hoping my parents will pass the interview as we waited for about 15 years for this...hoping that their efforts will be granted a positive outcome.

[Cathi 5,609]

A letter of intent Is not enough to prove domicile in the US, he will need physical proof that he has an address and has set up domicile before the time of the interview. Not only that, he will need to fill out and I-864 affidavit of support. If he does not meet the minimum income requirements, a joint sponsor will be needed. Best of luck!

[megan_teddy 0]

A letter of intent Is not enough to prove domicile in the US, he will need physical proof that he has an address and has set up domicile before the time of the interview. Not only that, he will need to fill out and I-864 affidavit of support. If he does not meet the minimum income requirements, a joint sponsor will be needed. Best of luck!

My grandpa has an address in the U.S; may I know some examples of the physical proofs that he has an address there?

By the way, he already filed the I-864 affidavit of support and a cousin of mine serves as a joint sponsor.

Thanks for the help!

[Cathi 5,609]

Does he own a home or rent? He will need a current copy of a lease agreement or mortgage, a voter registration card is also a proof of domicile.

[megan_teddy 0]

Does he own a home or rent? He will need a current copy of a lease agreement or mortgage, a voter registration card is also a proof of domicile.

I greatly appreciate your help in my queries. I will ask my parents and grandpa on this.

Gracias.

[aaron2020 11,651]

The petitioner must be in the US. The reason for family based immigration is to reunite family in the US. No reason to give out visas for the US if the petitioner is living outside the US.

How long has your grandfather been in the PI?

[dwheels76 5,459]

Hi,

My grandfather is a U.S. Citizen and filed a petition for our whole family...though I'm already out of the petition as I aged out and got married.

My concern is my grandfather, who is now old and sick, came here in the Philippines and my parents interview is approaching. My parents are worried because we know that the petitioner should be in the U.S.

I read in the internet that there is this U.S. domicile requirements for petitioners living outside the U.S... I am confused, please give some light with these requirements.

Should my grandfather do/pass those requirements...is the letter of intent to go back in the U.S enough?

I will greatly appreciate any help.

Here are some examples of proving domicile from the NVC filers thread.

You'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 5 and 6) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable of course, to prove that you have, or will re-establish, domicile in the US):

NAME

SOCIAL SECURITY NUMBER

FORM I-1864

No. 15 Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principle residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have a house to live in

• Contacted schools for requirements of things to bring to register my children in school

• Contacted my auto insurance company to find out about re-instating my insurance on my car

• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

• Lease agreement for our house

• Email from schools regarding registration requirements

• Email from my former auto insurance company regarding my inquiry

• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________

NAME

Thanks to VJ member lemayz for this suggestion!

[Cathi 5,609]

The petitioner must be in the US. The reason for family based immigration is to reunite family in the US. No reason to give out visas for the US if the petitioner is living outside the US.

How long has your grandfather been in the PI?

This is 100% true and what I was trying to get at, your grandfather must physically live in the US in order to receive any kind of family based visa, no exceptions. If they see he has been living outside the US for any extended amount of time(they can tell by his visa stamps)said visas will be denied. He must set up domicile, simply having a US address will not be sufficient if he has been living outside the US for an extended time.

Edited May 19, 2013 by mimolicious

[Harpa Timsah 13,258]

The point of family visas is family reunification, not a path to citizenship for the hell of it. If he doesn't live in the US, there is no point for the family to get visas there.

[Boiler 43,426]

Presumably your parents would not wish to leave behind their your old and sick grandfather.

So he should move back first and then there would be no issue.

[megan_teddy 0]

The point of family visas is family reunification, not a path to citizenship for the hell of it. If he doesn't live in the US, there is no point for the family to get visas there.

Please do not use such words such as h*ll as I cannot tolerate those kind of words... I am not use to it and I get offended with such word.

I know that family visas are for reunification... my parents and grandpa are pursuing this because they want to be reunited with our other relatives in the U.S even for some time.

Though, my parents do not intend to be U.S. citizens.

My grandpa just came here in the Philippines to check us out, his extended family. However, there are some unexpected situations that happened that made him stay.

I am just asking for advises to persons who can shed some light regarding my inquiries and I am very thankful for all of the responses.

Thanks and God bless.

[aaron2020 11,651]

Please do not use such words such as h*ll as I cannot tolerate those kind of words... I am not use to it and I get offended with such word.

I know that family visas are for reunification... my parents and grandpa are pursuing this because they want to be reunited with our other relatives in the U.S even for some time.

Though, my parents do not intend to be U.S. citizens.

My grandpa just came here in the Philippines to check us out, his extended family. However, there are some unexpected situations that happened that made him stay.

I am just asking for advises to persons who can shed some light regarding my inquiries and I am very thankful for all of the responses.

Thanks and God bless.

How long has your grandfather been outside the US and what were the "unexpected situations" that preveneted him from returning to the US? Without knowing the answeres, it's impossible to tell if your grandfather established a new domicile when he went to the Philippines.

For the I-864, Affidavit of Support, the petitioner MUST be in the US before the beneficiaries enter the US. This is an ABSOLUTE REQUIREMENT. A simple self serving letter that he has a domicile in the US will not be enough. How long he has been outside the US has a reasonable correlation with his intent to maintain a US domicile.

Edited May 19, 2013 by aaron2020

[megan_teddy 0]

Actually, I do not know the exact date and time he came here as my work then was far from home.