Petitioning for Overstaying Filipina Mom in Honolulu who has legitimate income thru pension.

[jaedeelight]

Hello! I am new to this forum but I am hoping to find out how I can petition for my Filipina Mom who has been in Honolulu for nearly 10 years. She entered legally with my American Dad on what I believe is a B type Visa. He has since died leaving my Mom with a decent military pension so she has regular income. He tried petitioning for her when he was alive but it got rejected because, according to my Mom, he could not really answer their questions and was spaced out during the interview with immigration officials.

I am a US citizen but living in Manila. I would like to petition for her to adjust her status so that she can become a green card holder. I intend to file the petition here in the US embassy in Manila.

Questions:
Will this be a difficult case since Mom is overstaying and I'm living in Manila?
Do we still need someone to make an affidavit of support for her? Can we just show proof of her military pension instead of the affidavit of support? I can't file the affidavit since I am living in Manila.
Do I need to prove domicile in the US?
Can she file the Adjustment of Status form concurrently when I file the petition?
Hoping for answers...

 

[Jackolantern]

Her pension can be listed on the affidavit of support, not instead of it.

You will need to be domiciled in the US.

The I-485 and I-130 petition can be filed concurrently (they need to be in the same envelope if you don't have the I-130 receipt or approval yet).

 

[jaedeelight]

Her pension can be listed on the affidavit of support, not instead of it.

You will need to be domiciled in the US.

The I-485 and I-130 petition can be filed concurrently (they need to be in the same envelope if you don't have the I-130 receipt or approval yet).

Thanks so much Jackolantern... Can the affidavit of support be in Mom's name? Like she is filing on behalf of herself? I don't think she files tax returns (not sure why) but has sustained herself quite well since Dad died 5 years ago. And she gets her pension thru a bank.

What exactly do I have to prove regarding domicile? I know this is a hazy area. Is there a website or page that can explain domicile to me? I once petitioned for my daughter under the Child Naturalization Act and had to live in Honolulu for 3 months to do that. But I returned to Manila afterwards. The petition for the daughter was successful and she is now a US Citizen. Do I have to do the same for Mom? Move to Honolulu for awhile?

Sorry, so many questions... hope its okay... thanks much!

 

[Jackolantern]

Thanks so much Jackolantern... Can the affidavit of support be in Mom's name? Like she is filing on behalf of herself?

No. You have to file the Affidavit of Support, but there is a place on it for the immigrant's income. So if her pension is enough ($22312/year for a household size of 2 in Hawaii), your income can be zero.

What exactly do I have to prove regarding domicile? I know this is a hazy area. Is there a website or page that can explain domicile to me? I once petitioned for my daughter under the Child Naturalization Act and had to live in Honolulu for 3 months to do that. But I returned to Manila afterwards. The petition for the daughter was successful and she is now a US Citizen. Do I have to do the same for Mom? Move to Honolulu for awhile?

It's true that domicile is a gray area, and it doesn't necessarily require physically staying in the US all the time -- for example somebody who has lived in New York for years and has an apartment there but has been sent abroad for a one-year project in Taiwan. But in your case you'll need to live in Honolulu or elsewhere in the US during her green card process, because you haven't already established such residential ties to the US. Remember the purpose of family-based immigration is to reunite families within the US. If you're not in the US, that defeats the purpose.

 

[Jackolantern]

She might be able to get a green card without your sponsorship, using provisions available to widows and widowers of US citizens.

Normally this self-petitioning is restricted to people whose spouse died within the past 2 years; however since your father already filed a petition for her when he was still alive, she may be able to use that if she has not remarried. Consult an immigration lawyer. She'll need to dig up the old I-130 receipt or approval* notice, and would have to file a motion to reopen if it was denied, but it may be possible to salvage the case with the help of a lawyer.


*note that denial of the I-485 at the interview doesn't mean the I-130 was also denied