IR2 Eligibility

[Chesterming 0]

I am an 18 year old unmarried child of a U.S. citizen, I generally qualify for IR2, but given that my U.S. citizen parent does not reside in the USA, does that mean they cannot sponsor me? There is nothing that says explicitly that the petitioner must have an address in the USA, but I wasn’t sure, so I’m wondering if anyone has any information in regard to this. Another question I have: how long after receiving a green card does the beneficiary have to move to the States? If I am eligible, I would want to move to after my studies in a few years, say at 21 years of age which would be a few years after receiving a green card (if we assume it takes one year), or would they nullify my green card because I had only chosen to permanently reside in the USA a few years after getting my green card?

[Boiler 43,631]

The Sponsor has to be USC or LPR residing in the US, read the I 864 instructions.,

[Crazy Cat 39,425]

59 minutes ago, Chesterming said:

There is nothing that says explicitly that the petitioner must have an address in the USA

Yes, it is explicit.

 

I-864 Affidavit of Support (FAQs) (state.gov)

"To qualify as a financial sponsor, a petitioner must be domiciled in any of the States of the United States, the District of Columbia, or any territory or possession of the United States. A lawful permanent resident (LPR) sponsor also must maintain his or her LPR status."

 

Edited December 31, 2022 by Crazy Cat

[Mike E 11,725]

55 minutes ago, Chesterming said:

my U.S. citizen parent does not reside in the USA, does that mean they cannot sponsor me

Your parent can start the process by filing I-130 now and does not have to live in the U.S. now.  

 

However before  you are issued a IR-2 visa, your parent would complete an I-864 that convinces a visa officer of the intent to move to the U.S.

 

On day you travel to the U.S. on your IR-2 your parent must  either be traveling with you or must already be inside the U.S.  

 

Depending on how much physical presence your parent or your parent’s U.S. citizen parent had in the U.S. before you were born, your parent could have filed N-600K and obtained your U.S. citizenship.  This process had to have completed before you reached age 18. 
 

It is  too  bad too many younger folks wait until age 18 to ask these questions. 

[SalishSea 16,835]

2 hours ago, Chesterming said:

I am an 18 year old unmarried child of a U.S. citizen, I generally qualify for IR2, but given that my U.S. citizen parent does not reside in the USA, does that mean they cannot sponsor me? There is nothing that says explicitly that the petitioner must have an address in the USA, but I wasn’t sure, so I’m wondering if anyone has any information in regard to this. Another question I have: how long after receiving a green card does the beneficiary have to move to the States? If I am eligible, I would want to move to after my studies in a few years, say at 21 years of age which would be a few years after receiving a green card (if we assume it takes one year), or would they nullify my green card because I had only chosen to permanently reside in the USA a few years after getting my green card?

The purpose of the family reunification visas is pretty obvious.   So no, you are not eligible.   Even if you were, you can’t get a green card and then live for years overseas.

[jan22 2,907]

18 hours ago, Mike E said:

. . .

 

Depending on how much physical presence your parent or your parent’s U.S. citizen parent had in the U.S. before you were born, your parent could have filed N-600K and obtained your U.S. citizenship.  This process had to have completed before you reached age 18. 
 

It is  too  bad too many younger folks wait until age 18 to ask these questions. 

A Consular Report of Birth Abroad (CRBA) can only be issued up until the child is 18.  But, after the age of 18, if the child was a US citizen from birth --  through meeting the requirements for a CRBA -- they don't lose that US citizenship.  They can apply directly for a US passport, submitting all of the documentation needed for a CRBA application along with the passport application.

 

OP, assuming you were born in wedlock, prior to your bIrth was your US citizen parent physically present in the US for a total of 5 years, 2 of which had to be after they were over the age of 14?  All of the time they were in the US, even on short visits, would count.  If so, you likely acquired US citizenship at birth and can apply directly for a US passport at the US Embassy.  [NOTE:  If born out of wedlock the amount of physical presence may differ, depending on which of your parents is the US citizen.]

 

If you think you qualify, you should look at the Embassy's website for the CRBA application requirements.  You would need to supply similar documentation of your parent's US physical presence with a passport application.

[Mike E 11,725]

20 hours ago, Chesterming said:

U.S. citizen

How did your parent become a U.S. citizen?

[nastra30 2,005]

I will say let parents file the I-130 and you guys figure out the domicile issue later. The reason you want that I-130 filed is to freeze your age against aging out.

Edited January 1, 2023 by nastra30