Made a mistake on I-130 (and it was approved)...

[junior466 1]

So my brother's son was born in the US but left at a really early age. Now my brother wants to come here with him now that he is over 21 and we both thought that he could petition for him while his son, the US citizen was abroad. On the I-130 it asked for an address in the US, which I believe should have been his current address but we entered mine (US based) since we thought it was something that was needed for communications to be sent. Now the case has been sent to the NVC  (approved) but thankfully we caught it early.

 

Is he out of luck? Does he son needs to enter the US first and start all over?

[Mike E 11,722]

15 minutes ago, junior466 said:

Is he out of luck?

not out of luck

15 minutes ago, junior466 said:

 

Does he son needs to enter the US first and start all over?

Son needs to enter the U.S. before (or at the same time) his father enters the U.S. on his IR-5 visa.

 

In addition, the son must establish domicile or a convincing plan for domicile before the IR-5 visa is issued.

 

 

 

 

 

[junior466 1]

10 minutes ago, Mike E said:

not out of luck

Son needs to enter the U.S. before (or at the same time) his father enters the U.S. on his IR-5 visa.

 

In addition, the son must establish domicile or a convincing plan for domicile before the IR-5 visa is issued.

 

 

 

 

 

OMG Mike, you bring such good news! 😀 So is it advisable that the son enters first? Their plan was to literally go to the interview together if there are no bumps with the application and enter the US together.

 

Plus, is there any corrections that should be made with the address mistake?

[Mike E 11,722]

6 minutes ago, junior466 said:

Their plan was to literally go to the interview together

Not all embassies allow this

6 minutes ago, junior466 said:

if there are no bumps with the application and enter the US together.

Entering together is fine but they mist present themselves to the same CBP at the same time.

[JeanneAdil 6,190]

son needs US income and /or joint sponsor for the I 864

[junior466 1]

11 minutes ago, Mike E said:

Not all embassies allow this

Entering together is fine but they mist present themselves to the same CBP at the same time.

So for a country like Brazil, what would your recommendation be? I see that you are knowledgeable in this area and would trust your advice 100%.

4 minutes ago, JeanneAdil said:

son needs US income and /or joint sponsor for the I 864

I plan on sponsoring his son. That should be okay?

[Mike E 11,722]

1 minute ago, junior466 said:

So for a country like Brazil, what would your recommendation be? I see that you are knowledgeable in this area and would trust your advice 100%.

Has nothing to do with embassy if the father travels with or before the son once the IR-5 

 

In general I recommend the petitioner (the son), establish domicile in the U.S. now:

* state DL / ID

* lease / deed on a home

*  job in the U.S.  

[junior466 1]

Quote

 

Has nothing to do with embassy if the father travels with or before the son once the IR-5 

Apologies for not understanding this earlier. I think you mean at the time of travel, they must both be present to the Customs and Border Protection agent.

 

Quote

In general I recommend the petitioner (the son), establish domicile in the U.S. now:

* state DL / ID

* lease / deed on a home

*  job in the U.S. 

Do you recommend all of the above? Is there a resource I can read more about what's accepted as domicile?

Edited June 3, 2023 by junior466

[Boiler 43,401]

What is acceptable varies by Consulate.

 

Obviously if he is in the US and working that is pretty obvious 

Edited June 3, 2023 by Boiler

[Mike E 11,722]

12 minutes ago, junior466 said:

I think you mean at the time of travel, they must both be present to the Customs and Border Protection agent.

Yes

 

12 minutes ago, junior466 said:

Do you recommend all of the above? 

Yes

 

12 minutes ago, junior466 said:

Is there a resource I can read more about what's accepted as domicile?

You can search for threads on visajourney

 

“domicile”  site:visajourney.com

 

There is https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos18 but it is not helpful.

 

Also a U.S. bank account, U.S. credit card, car registered in U.S.  Definitely the bank account.

 

Is there a reason why the son does not want to establish actual domicile?

 

 

 

Edited June 3, 2023 by Mike E

[junior466 1]

2 minutes ago, Boiler said:

What is acceptable varies by Consulate.

 

Obviously if he is in the US and working that is pretty obvious 

Makes sense. Got scared for a moment when I saw deed on a home. So I think he meant any or a combination of those.

[Mike E 11,722]

Just now, junior466 said:

Got scared for a moment when I saw deed on a home

Deed or a lease.

 

 

 

 

[Family 3,463]

51 minutes ago, junior466 said:

Plus, is there any corrections that should be made with the address mistake

You need to correct/update the Physical address for Both Petitioner and Beneficiary before case gets approved by USCIS, otherwise u run the risk of needing an I-824 as they may assume Beneficiary is in US.

 

You had the option of selecting a mailing address, ex C/O Uncle, US 

 

intent to establish domicile you have time to submit at NVC, as it relates to I-864

[Mike E 11,722]

1 hour ago, junior466 said:

Now the case has been sent to the NVC  (approved)

 

4 minutes ago, Family said:

You need to correct/update the Physical address for Both Petitioner and Beneficiary before case gets approved by USCIS

 

[junior466 1]

4 minutes ago, Family said:

You need to correct/update the Physical address for Both Petitioner and Beneficiary before case gets approved by USCIS, otherwise u run the risk of needing an I-824 as they may assume Beneficiary is in US.

 

You had the option of selecting a mailing address, ex C/O Uncle, US 

 

intent to establish domicile you have time to submit at NVC, as it relates to I-864

The I-130 was already approved. The case is now at the NVC. We just received the instructions on how to start paying the first two fees:

 

    Affidavit of Support (AOS) Fees

    IV Application Processing Fees

 

@Mike E This reminds me on the step we are on. Should indeed the application be corrected at this stage?