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Can I immigrate to U.S. if my petitioner doesn't meet the domicile requirement?

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  • Can I immigrate to U.S. if my petitioner doesn't meet the domicile requirement?

    Can I immigrate to U.S. if my petitioner doesn't meet the domicile requirement?
    I have a Family Third Preference (F3) Category petition aproved.
    My father (the petitioner), a US citizen, he is now retired and he receive a pension from the French State. He lives in France and he is not intending to move back to U.S.. He has no income in U.S..
    In U.S., I have a friend, permanent resident, at which I intend to reside and he is willing to fill an I-864 form for me as a joint sponsor.
    My friend meets the financial and domicile requirements.

  • #2
    Originally posted by cocospineapple View Post
    Can I immigrate to U.S. if my petitioner doesn't meet the domicile requirement?
    I have a Family Third Preference (F3) Category petition aproved.
    My father (the petitioner), a US citizen, he is now retired and he receive a pension from the French State. He lives in France and he is not intending to move back to U.S.. He has no income in U.S..
    In U.S., I have a friend, permanent resident, at which I intend to reside and he is willing to fill an I-864 form for me as a joint sponsor.
    My friend meets the financial and domicile requirements.
    Your father, as a petitioner, needs to fill out an I-864 even if you have a joint sponsor (unless you have earned 40 quarters of Social Security credits in which case no one needs to fill out an I-864). For the I-864, he will need to be domiciled in the US, or plan to reestablish domicile by the time you immigrate.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      Your father, as a petitioner, needs to fill out an I-864 even if you have a joint sponsor (unless you have earned 40 quarters of Social Security credits in which case no one needs to fill out an I-864). For the I-864, he will need to be domiciled in the US, or plan to reestablish domicile by the time you immigrate.
      I understand that he needs to fill out an I-864 as a "petitioner", even if he meets or not the form requirements (finnancial and domicile), as this is already stated in the form instructions.
      In the form instructions, it also says that the "sponsors" are not qualified if they don't meet the finnancial and domicile requirements.
      I cannot find anything about the "petitioner" saying that he must meet the finnancial and domicile requirements! I understand that, the petitioner, he is still liable for the applicant, either way.
      The "petitioner" is not a "sponsor" anymore, as he doesn't meet the finnancial and domicile requirements.

      The F-130 have been already aproved and, at that time, it was the same situation with the petitioner income and domicile. Why they have accepted the F-130 if they knew that he is not meeting the finnancial and domicile requirements? Just to make you wait years in line?
      When filling the form I-864, why do you have the choice to type a different country for the sponsor mailing address, other than U.S., and at "Other Informations" about the sponsor they let you type a different "Country of Domicile"? Just to get the IV fee and later to tell you that you don't meet the requirements?
      Is this making any sense?
      Last edited by cocospineapple; 03-28-2018, 08:10 AM.

      Comment


      • #4
        Originally posted by cocospineapple View Post
        I understand that he needs to fill out an I-864 as a "petitioner", even if he meets or not the form requirements (finnancial and domicile), as this is already stated in the form instructions.
        In the form instructions, it also says that the "sponsors" are not qualified if they don't meet the finnancial and domicile requirements.
        I cannot find anything about the "petitioner" saying that he must meet the finnancial and domicile requirements! I understand that, the petitioner, he is still liable for the applicant, either way.
        The "petitioner" is not a "sponsor" anymore, as he doesn't meet the finnancial and domicile requirements.
        Each person who fills out the I-864 is a "sponsor". The I-864 is a contract between a "sponsor" and the government. The petitioner is the primary "sponsor", and the joint sponsor is the joint "sponsor". They are both sponsors and they are both under the same obligations, even if the petitioner doens't meet the income requirements. In Part 4 item 5, they must fill in the country of domicile, and in the I-864 instructions for that item, for people who don't live in the US, they have to provide evidence of how they meet the domicile requirement.

        Originally posted by cocospineapple View Post
        The F-130 have been already aproved and, at that time, it was the same situation with the petitioner income and domicile. Why they have accepted the F-130 if they knew that he is not meeting the finnancial and domicile requirements? Just to make you wait years in line?
        The petition is just about establishing the genuineness of the relationship. Income and domicile are irrelevant to that. But to actually immigrate, the petitioner must be domiciled in the US at the time you immigrate.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post
          For the I-864, he will need to be domiciled in the US, or plan to reestablish domicile by the time you immigrate.
          what would be considered as an intention to reestablish domicile in the US ? and how likely is it to be accepted ?

          Comment


          • #6
            Originally posted by newacct View Post
            For the I-864, he will need to be domiciled in the US, or plan to reestablish domicile by the time you immigrate.
            and what could be considered as a plan to reestablish domicile in the US ? and how likely is it to be accepted ?

            Comment

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