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tutepani
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Posted on 08-20-18 10:55
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My dad(US citizen) filed I-130 (married son and daughter of the US citizen) for my married sister and the family 12 years ago. The case is current now. My father is retired and lives in Nepal most of the time. Does it matter if my father / petitioner lives outside of the USA ? I know the consular will definitely ask the question about the petitioner such as what he does, where is lives etc. Is there any problem to answer that my father / petitioner lives in Nepal during the interview at the US embassy or he has be in the USA ? Thank you in advance.
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ark
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Posted on 08-20-18 6:24
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Your dad, being the petioner and the main sponsor, has to be domiciled in the US, or has to show the steps taken to live in the US before his I864 is accepted by NVC. Without i 864 acceptance, interview won’t be scheduled.
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tutepani
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Posted on 08-21-18 10:26
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ark, My father is the petitioner only, not the sponsor. He is retired and on the social security benefits. I will be the sponsor /I-864 for this case. Thank you
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makar rashi
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Posted on 08-21-18 12:33
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tutepani, I am not sure about the petitioner requirements on the residency (except I know that if petitioner is deceased, USCIS closes the case), however I do think that as long as your father is still a US citizen, it shouldn't matter where he currently resides. That is just my understanding but you can check visajourney to make sure.
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ark
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Posted on 08-21-18 7:51
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@tutepani: Your dad is the petitioner and the SPONSOR. You are the JOINT SPONSOR since he doesn’t have enough income to sponsor not because he doesn’t live in the US. Your dad needs to fill in i864 as the petitioner and the main sponsor. You will fill in another i864 as a joint sponsor. While he doesn’t need to have enough financial income (that’s where you come in as a joint sponsor), he does need to be domiciled in the US or have a plan to live in the US before his beneficiaries can be granted an immigrant visa. In other words, either he has to come to US earlier or with your brother for your brother to be able to immigrate. For NVC process, either he has to be residing in the US or show documents about his plan to move to US.
Last edited: 21-Aug-18 07:54 PM
Last edited: 21-Aug-18 07:55 PM
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