Out of US during the Processing Time of Filing

[JessieDao 4]

Hi guy,

 

I would like to bring this topic to our forum for advising as well as sharing info to everyone. Presently I have been filing I-130 for my parents which was submitted and received on Mar 9, 2020. Before I filed this form, I was acknowledged that I should be in the US. Logically I agree with that requirement because  the government needs to ensure our residency to guarantee the sponsors' life in the US. Therefore, I havent been out of country since submitting I-130 till now. In fact, I have a business in Vietnam, but I cant do anything for it in person for this issue. I have been managing it remotely for all the time. I've shared my issue with my friend and she advised me that I can be out of the US during the time of filing as long as I still keep my residency permanently and a good finance for sponsoring. In case that my finance in the US is not enough to sponsor, I can ask help from any relatives/friend for joining. Moreover, since there is an interview noticed to my parents, I should flight back to the US if USCIS wants to reach out to me for investigating. At the present, my case is processing and IR-5 wont be removed the ban status till next year, so you can go back Vietnam and wait till my case is lifted up. 

 

By that advice from my friend, is it true so that I can follow? if anyone knows it well, please share. Much appreciated to you guys!

  

[SusieQQQ 11,584]

The term you need to focus on is “domicile”.  You do not just need to be in the US to sponsor but because these visas are actually for family reunification, and if you are resident outside the US there is no need for them to issue a family visa. So yes you can be out in the meantime, but you will either have to have re-established, or prove you intend to re-establish, domicile for the visa to be granted.

see the faqs under domicile here for some further information https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html

 

Edited August 13, 2020 by SusieQQQ

[JessieDao 4]

50 minutes ago, SusieQQQ said:

The term you need to focus on is “domicile”.  You do not just need to be in the US to sponsor but because these visas are actually for family reunification, and if you are resident outside the US there is no need for them to issue a family visa. So yes you can be out in the meantime, but you will either have to have re-established, or prove you intend to re-establish, domicile for the visa to be granted.

see the faqs under domicile here for some further information https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html

 

May you clarify "you will either have to have re-established, or prove you intend to re-establish, domicile for the visa to be granted."? Sorry ...I need to ensure before making decisions in going forward. 

[SusieQQQ 11,584]

14 minutes ago, JessieDao said:

May you clarify "you will either have to have re-established, or prove you intend to re-establish, domicile for the visa to be granted."? Sorry ...I need to ensure before making decisions in going forward. 

You need to either move permanently back to the US before your parents interview, or provide convincing proof for the interview that you will do so. Did you read the relevant part of the link above? I think it explains this pretty well in the last faq under domicile.
 

 

 

 

[JessieDao 4]

1 minute ago, SusieQQQ said:

You need to either move permanently back to the US before your parents interview, or provide convincing proof for the interview that you will do so. Did you read the relevant part of the link above? I think it explains this pretty well in the last faq under domicile.
 

 

 

 

I did and it made me confused ...By your confirmation, I think it should be fine for me to go back my country for a while before an interview comes up...Clearly, I will have to wait at least 5-6 months to get that interview because of Covid-19.

 

Thanks so much for your information

[aaron2020 11,651]

3 hours ago, JessieDao said:

Hi guy,

 

I would like to bring this topic to our forum for advising as well as sharing info to everyone. Presently I have been filing I-130 for my parents which was submitted and received on Mar 9, 2020. Before I filed this form, I was acknowledged that I should be in the US. No such requirement. Logically I agree with that requirement because  the government needs to ensure our residency to guarantee the sponsors' life in the US. Therefore, I havent been out of country since submitting I-130 till now. There's no requirement that you need to be in the US while you petition for someone. In fact, I have a business in Vietnam, but I cant do anything for it in person for this issue. I have been managing it remotely for all the time. I've shared my issue with my friend and she advised me that I can be out of the US during the time of filing as long as I still keep my residency permanently and a good finance for sponsoring. In case that my finance in the US is not enough to sponsor, I can ask help from any relatives/friend for joining. Moreover, since there is an interview noticed to my parents, I should flight back to the US if USCIS wants to reach out to me for investigating. The US is not going to investigate you. You just need proof of domicile.  At the present, my case is processing and IR-5 wont be removed the ban status till next year, so you can go back Vietnam and wait till my case is lifted up. 

 

By that advice from my friend, is it true so that I can follow? if anyone knows it well, please share. Much appreciated to you guys!

  

Time to clarify some of your misconceptions.

 

You can file the I-130 from anywhere in the world.  You do not need to be in the US.  At the time of the visa interview, you will need to demonstrate you have a US domicile or intend to reestablish one by the time the immigrant enters the US.  You are confusing domicile with being in the US.  

You can be anywhere in the world while the petition is ongoing.  

 

It's perfectly okay for you to go to Vietnam.  Just maintain or have a US domicile when your parents interviews.  

[JessieDao 4]

1 minute ago, aaron2020 said:

Time to clarify some of your misconceptions.

 

You can file the I-130 from anywhere in the world.  You do not need to be in the US.  At the time of the visa interview, you will need to demonstrate you have a US domicile or intend to reestablish one by the time the immigrant enters the US.  You are confusing domicile with being in the US.  

You can be anywhere in the world while the petition is ongoing.  

 

It's perfectly okay for you to go to Vietnam.  Just maintain or have a US domicile when your parents interviews.  

wonderful...your clarification is very strong to clear my doubt