Parent I130 cleared by sponsor moving out of US

R

raj_3808

Member
Hi,
My sister-in-law sponsored her father's GC in January 2018. The I-130 was approved in mid Oct 2018.Now, she got a very good job in far East(Japan). She will be selling her house in US and moving to far east for at least 2 years. In light of that, how can she keep the GC petition for parent alive. What are the options:
1. Should she finish N400 steps and ask her father to get GC.
2. After getting GC through consular processing, can parent wait out in India for 2 years until their sponsor returns to US?

Please advise.
Thanks
 
raj_3808 said:
Hi,
My sister-in-law sponsored her father's GC in January 2018. The I-130 was approved in mid Oct 2018.Now, she got a very good job in far East(Japan). She will be selling her house in US and moving to far east for at least 2 years. In light of that, how can she keep the GC petition for parent alive. What are the options:
1. Should she finish N400 steps and ask her father to get GC.
2. After getting GC through consular processing, can parent wait out in India for 2 years until their sponsor returns to US?

Please advise.
Thanks
Click to expand...

I don’t understand what you mean from question 1. Surely she is already a citizen to be sponsoring her father? Why does she need to “finish N400 steps”?

2. Kind of, parent will have to enter US and apply for re-entry permit, which can be valid for 2 years. Note parent needs to be filing annually with irs while living elsewhere if has a green card. Other option is to abandon current petition and file again when she is ready, or knows she will soon be ready, to move back.
 
SusieQQQ said:
I don’t understand what you mean from question 1. Surely she is already a citizen to be sponsoring her father? Why does she need to “finish N400 steps”?
]Yes, she is a citizen. I meant visa petition for her father (father's N400).

2. Kind of, parent will have to enter US and apply for re-entry permit, which can be valid for 2 years. Note parent needs to be filing annually with irs while living elsewhere if has a green card. Other option is to abandon current petition and file again when she is ready, or knows she will soon be ready, to move back.[/QUOTE
Click to expand...
 
N400 is the application for naturalization. So I must assume you mean an I130, petition for alien relative, which you do refer to elsewhere if her father does not even have a green card yet.
 
Sorry for confusion. Yes, she (sponsor) is USC. I meant next step (for her father) after i-130 approval. Yes, it is not N400, I think it's i-485 consular adjustment.
 
No, I-485 is not the next step after I-130 approval if the person being petitioned is not currently residing in the US. They will be going through a consular process, not adjustment, at the US embassy with jurisdiction over their home country or where they’re residing.
 
SusieQQQ said:
I don’t understand what you mean from question 1. Surely she is already a citizen to be sponsoring her father? Why does she need to “finish N400 steps”?

2. Kind of, parent will have to enter US and apply for re-entry permit, which can be valid for 2 years. Note parent needs to be filing annually with irs while living elsewhere if has a green card. Other option is to abandon current petition and file again when she is ready, or knows she will soon be ready, to move back.
Click to expand...
Can parent enter US for a few weeks and then go back ? How long does it take to get re-entry permit?
 
Hi, I heard about one applying (for consular processing) before sponsor leaves US and then applicant postponing interview for a year or two until sponsor returns back to US.
Part of 9FAM 504.13. I am going to advise my SIL. Any thoughts.
 
SusieQQQ said:
N400 is the application for naturalization. So I must assume you mean an I130, petition for alien relative, which you do refer to elsewhere if her father does not even have a green card yet.
Click to expand...
Can you please help with reply SusieQQQ about 9 FAM 504.13
 
raj_3808 said:
Can you please help with reply SusieQQQ about 9 FAM 504.13
Click to expand...
? Not familiar with it. But it says
“...permits reinstatement of the registration where the alien establishes within 2 years following the date of notification of the availability of such visa that such failure was due to circumstances beyond the alien's control.”
I’m not sure the petitioner (being obviously a close family member) moving around necessarily falls under that. If you know of other cases who’ve successfully gamed the system before suggest you see what they did. Not something I know or would feel comfortable advising about.
 
raj_3808 said:
Hi, I heard about one applying (for consular processing) before sponsor leaves US and then applicant postponing interview for a year or two until sponsor returns back to US.
Part of 9FAM 504.13. I am going to advise my SIL. Any thoughts.
Click to expand...

where?
 
Btw that section seems to say that in cases where it works you have to pay the fees again so it may save time but definitely not money. If it works.
 
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