Question:
My father is going to sponsor me to receive a green card - 1st
preference. He is resident, and always has been resident, in the UK, and
inherited his US citizenship - he has dual UK/US nationality.
Could somebody please tell me:
Can my father sponsor me from the UK? Does he
have to live in the US for any period of time for me to receive a green
card, and, if so, when and for how long?
Answer:
to sponsor me to receive a green card - 1st preference. He is resident,
and always has been resident, in the UK, and inherited his US
citizenship - he has dual UK/US nationality.
in the US for any period of time for me to receive a green card, and, if
so, when and for how long?
Very interesting question and I
don't have the answer unfortunately..I wonder if he has a SSN and has
been filing his taxes to the US as required of all US citizens ..but
would that make a difference ???
Here is a reputedly very good Immigration lawyer in London ..may be
worth a chat
http://www.usvisalaw.co.uk/index.htm
He has received a social security number and will be filling in tax
returns (he received his first US passport just a few months ago). We
were told at the interview for his passport that he would be able to
sponsor me for a green card, and applications can be submitted at the
embassy in London.
I am just wondering whether him being able to submit
this application depends upon him moving to the US, and if so, for how
long. I don't think that they would've suggested it at the interview if
it required him being there for 10 years - he's 62 already.
Of course!! thats logical...well sorted ..now of course your Dad will
have to prove enough income in the US to satisfy the Affidavit of
Support...perhaps not so easy
what you mean about 'income in the US' - this would be a problem if my
dad were working, but he's retired and would receive his pension income
wherever in the world he lives.
The I-864 form will give you
more info
]http://uscis.gov/graphics/formsfee/forms/files/I-
864.pdf[/url]
I found my own answer, in case anyone else is interested:
"The sponsors
of all family based applicants must sign a legal document promising to
support the immigrant financially if necessary. This is called an
"Affidavit of Support." Income tax returns and other evidence must be
provided to show the sponsor has enough income to meet this obligation.
If the sponsor is unemployed, a co-sponsor may be needed. The Affidavit
of Support is filed with the application for an immigrant visa or
application for adjustment of status, not with the I-130. Anyone who
signs an Affidavit of Support must be resident in the United States, not
in a foreign country. As a result, your sponsor must be resident in the
U.S. at the time you immigrate."
i.e. my dad must be living there by
the time I am due to immigrate, but doesn't need to be there beforehand.
I think the thing about living there for a certain number of years was
for US citizenship to transfer to me, and I've already been told that
that won't happen because he would've had to've met that requirement
before my birth - which is why they told us about the Green Card route.
logical...well sorted ..now of course your Dad will have to prove enough
income in the US to satisfy the Affidavit of Support...perhaps not so
easy
They only have to show that they could provide
something like 125% of poverty level - so it's peanuts, relatively
speaking. I could provide that myself from income.
I find it bizarre
that they only ask the sponsor if they can provide this income without
asking the incoming immigrant if they can do it themselves - as if they
just assume that all immigrant family members are being brought over
from the third world with rice in their pockets and holes in their
shoes...
logical...well sorted ..now of course your Dad will have to prove enough
income in the US to satisfy the Affidavit of Support...perhaps not so
easy
oh, actually, I see what you mean about 'income in the
US' - this would be a problem if my dad were working, but he's retired
and would receive his pension income wherever in the world he lives.
