songvicky

13 hours ago, SusieQQQ said:

Jumping ahead, she is not maintaining domicile if she is living abroad with you and will be doing so for the next 10 years or so until you get a visa. That’s only something you need to deal with then - and she doesn’t need to maintain it all the time, she can re-establish it at the time you get a visa- but if she is already retired, you will almost certainly be looking at needing a joint sponsor. 
 

Not an expert on i130 docs and while the instructions on two years residence is open ended, in your case i would try get that for before you turned 18, iow were still legally a child - in the normal definition not the looser immigration definition. In any case an RFE is not going to delay your case given the long wait times anyway.

Oh alright, with her plans of moving back anyway I don't think it'll be much of a problem since she might do it in a few years and wait for me there.

for the docs, we can't find other IDs with our addresses as we usually throw them away after a while so I've only got IDs when I was about 19. We don't know how else we'd be able to prove the joint residency aside from that.

Situation:

• My mom is petitioner (retired), living with me abroad (philippines) as I'm not a us citizen (can prove shes maintaining domicile through taxes and investments, voting record, and has a permanent address in the us)
• Filing form I-130 with me as beneficiary (student)
• I am over 21, and was legally adopted when I was 7 years old

We're ready to file the form I-130, and we know its approx. 10 years to get approved, but we're still going to take the chance (she wants to return to the us but wants me to bring me as she's getting older)

I just want to run the evidence we provided to u guys to try and avoid being denied/delayed due to lack of evidence

The ones we provided are:

Proof Petitioner is a U.S. Citizen:

• valid US Passport
• Naturalization Certificate

13 hours ago, aaron2020 said:

Domicile means where your mom regularly lives and intends to return to with brief absences.   If she regularly lives in the Philippines, then she will need to show that intends to reestablish a US domicile when it's time for you to get an immigration visa.

 

You will not be filing an I-485 since you are not adjusting status while in the US.  You are currently outside the US, so you will go through consular processing for an immigration visa.

 

How old are you?  When will you turn 21 years old?

I'm already older than 21. Yes, I read on maintaining domicile a bit, and i read that shes maintaining domicile if she has these:

• A voting record in the United States
• Records of paying U.S. state or local taxes
• Having property in the United States
• Maintaining bank or investment accounts in the United States
• Having a permanent mailing address in the United States

She has property in the states and she does pay her taxes.

Regarding the I-485, I just thought we'd have to since there was a question about it on the forms, but I'm clear on that now

2 hours ago, Chancy said:

 

 

Are you and your mom residing in the US now?  If not, has your mom maintained domicile in the US?

 

no we're both currently residing in the Philippines. i'm pretty sure she has maintained domicile as she comes back every year to fix her taxes and financial stuff

1 hour ago, aleful said:

hi

 

if your mom is here and entered legally, then it's adjustment of status

 

if not, then that question doesn't apply to your mom as she will go through consular processing,

 

 

oh sorry i forgot to mention n clarify in my post, i'm the beneficiary, she's the petitioning us citizen

5 minutes ago, aleful said:

hi

 

when you do adjustment of status, you shouldn't file the i130 online, there are a series of forms to send, all need paperwork,  so it's mailed

 

the forms are i130, i485, l864. i765, i131. also the i693 medical and vaccinations, some take it to the interview instead of mailing it because the medical expires

 

 

hi thanks for the reply! sorry i got confused with the form question i thought i needed to file for adjustment of status too, but i dont think i do.

Hey! I'm filling out the form online and I have a few questions as im helping my mom out in filling it out.

• It asked my mom if her mailing address was her current address and we put yes, then the next part was address history. we've lived in the same place for 6-7 years now, and the part where you put duration there is no option to put to PRESENT or anything, just an exact date. should i put today's date?
• my mom is retired, shes been retired for 6-7 years now, so in the employment history, she typed Retired in the name of employer field, however the dates are a problem again, should she put the dates from when she started retirement to present?
• i am a student so i wrote student in name of employer field and added the address of my university, would that be ok or should i take it out
• For this question: "At which USCIS office will the beneficiary apply for adjustment of status to lawful permanent resident?" do we have to file an I-485 on top of the I-130 we are filing?

54 minutes ago, Luckycuds said:

Per the instructions (please have her read them) nothing should be left blank. They should read N/A or None. I can’t see a pro to filing by paper. Filing online is foolproof it won’t let you proceed if you are missing something and you can’t mess up the payment. You receive a receipt right away and it’s a bit quicker. No need to come back asking in a a few weeks/month Worried that your petition was received, that you filed an old form or forgot to sign someThing.

thank for the response! I've edited the form (good thing we havent printed) and placed "NONE" and "NA" as answers, most fields dont accept the "/" though, i hope that's ok. Should I write by pen "N/A" on the date fields? as it doesnt allow me to input alpha characters. I'll try to persuade her to do it online but she's very adamant in filing by paper.

Hello! My mother is petitioning me using I-130, I was adopted and meet the requirements of the adopted child if that's still applicable (because I'm now over 21), I just want to look out for possible mistakes or common mistakes we can avoid so there won't be any problems once we file it. Please tell me if there are any possible problems with what we did:

Form:

• She answered the form using Adobe Acrobat, and the fields which weren't applicable, she wrote "NA" as. "/" wasn't an accepted character
• We wrote "unemployed" in the employment section as she is retired and I am a university student, however we explained in the Additional Information our statuses (would there be a difference in explaining thoroughly? as she's worked in America for over 10 years)
• There are blanks in the form, like the employment section, since it's "unemployed" the other fields were left blank, like the address of the company/employer (should we write NA instead?)

Requirements:

• For proof of joint residency for at least 2 years, we provided valid and expired IDs issued 2016-2018 (as I turned 21 on Nov 2018) with our address on it

Also, my mother is old, she doesnt trust the internet and insists on filing by paper and mailing the packet to uscis directly instead of online, what are the pros and cons to this?

Thanks so much to people who respond!