# Getting a green card from my step-father?



## JESSJAME5 (Oct 27, 2011)

I've asked before on my options for getting to the US and had no luck for my circumstances, but last night my mum was looking up stuff on visas while we ponder me doing a university exchange, and she came across some information that led her to believe that I should be able to easily become a LPR/Green Card holder cause of my USC step-dad.

The requirements to make me his 'child' for LPR purposes is that the relationship was formed before I was 16, which it was - I was about 11 I think. Also that I'm under 21 years of age to be able to get the GC through him. And I'm still JUST under 21.

What are other requirements for this visa that we're missing? He lives here in Australia with my Mum, and he's done so for over 10 years now. I thought they both would have to move over to the US with me, but they can't find anything on them needing to move with me too.

Any advice?


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## Bevdeforges (Nov 16, 2007)

The sponsoring family member has to be resident in the US, IIRC. They have to agree to provide a place to live and be financially responsible for the green card candidate, which they can't do if they are resident abroad.
Cheers,
Bev


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## JESSJAME5 (Oct 27, 2011)

Bevdeforges said:


> The sponsoring family member has to be resident in the US, IIRC. They have to agree to provide a place to live and be financially responsible for the green card candidate, which they can't do if they are resident abroad.
> Cheers,
> Bev


But, my step dad can provide me with that. My parents own a house there, and my step dad owns an internet business that's US based, he's always worked from home here online on it. So he can provide me with a place to live until i'm on my feet, and financially if it comes to me needing his support money wise.. Does that change my situation?


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## Bevdeforges (Nov 16, 2007)

JESSJAME5 said:


> But, my step dad can provide me with that. My parents own a house there, and my step dad owns an internet business that's US based, he's always worked from home here online on it. So he can provide me with a place to live until i'm on my feet, and financially if it comes to me needing his support money wise.. Does that change my situation?


No. Your sponsor needs to be resident in the US. Take a look at this page from the US State Department, Family-based Immigrant Visas especially the following:



> *Is Residence in the U.S. Required for the U.S. Sponsor?*
> 
> Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the U.S., which is where you plan to live for the foreseeable future. Living in the U.S. is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.


Cheers,
Bev


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## twostep (Apr 3, 2008)

JESSJAME5 said:


> But, my step dad can provide me with that. My parents own a house there, and my step dad owns an internet business that's US based, he's always worked from home here online on it. So he can provide me with a place to live until i'm on my feet, and financially if it comes to me needing his support money wise.. Does that change my situation?


Has he legally adopted you? That is my first question. Let's take it from there.


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## JESSJAME5 (Oct 27, 2011)

Bevdeforges said:


> No. Your sponsor needs to be resident in the US. Take a look at this page from the US State Department, Family-based Immigrant Visas especially the following:
> 
> 
> Cheers,
> Bev


Can the affadavit of support sponsor be someone else? i.e my brother or sister there? While my step dad is the petitioner for my gaining LPR status?




twostep said:


> Has he legally adopted you? That is my first question. Let's take it from there.


No, but he's been my step-father for over 10 years now, and lived here with us for about 12. In everything we've looked up for visa purposes I'm the "child" of a USC..




- Also thanks for deleting my duplicate post, my phone didn't show the post as having gone through the first time.


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## Bevdeforges (Nov 16, 2007)

Your "sponsor" must be someone resident in the US. If you use your brother or sister, you go into the queue for "other family members" and waiting for a visa allotment can take several years.
Cheers,
Bev


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## twostep (Apr 3, 2008)

JESSJAME5 said:


> No, but he's been my step-father for over 10 years now, and lived here with us for about 12. In everything we've looked up for visa purposes I'm the "child" of a USC..


Please post the link where you found this. Thank you.


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## JESSJAME5 (Oct 27, 2011)

twostep said:


> Please post the link where you found this. Thank you.


USCIS - Children


"Who is Considered*to be a "Child" in the Immigration Process?

For immigration purposes, a child can be any of the following:

A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18"


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## twostep (Apr 3, 2008)

Worth a try. He has filed his US personal tax returns? Before you seriously go through the motions - make sure you are willing to accept the privileges AND responsibilities. I am not sure if your step father has to live in the US or not. Personally I would get an attorney involved. You know that US citizenship does not necessarily mean in-state tuition until you officially reside in a state for one year?
Good luck. Please keep us posted.


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## JESSJAME5 (Oct 27, 2011)

twostep said:


> Worth a try. He has filed his US personal tax returns?


No he hasn't filed tax there since he left I don't think - my parents were under the impression he didn't earn enough to file or something? I don't know. But they said they'd file the most recent years if that would count?



twostep said:


> Before you seriously go through the motions - make sure you are willing to accept the privileges AND responsibilities.


What privileges and responsibilities are you referring to? Am I missing something? :S



twostep said:


> I am not sure if your step father has to live in the US or not. Personally I would get an attorney involved.


Not sure either if he has to live in the US, can't seem to find anything on it at all. He would be coming with me for a few weeks when/if I can move there. I think they're going to call the US Embassy soon and ask a few questions. We're going to have to do it all really quickly as I turn 21 at the end of September. I know the process is long for the visa however we did come across something that said speeding up the processing time due to things such as 'almost coming of age'.



twostep said:


> You know that US citizenship does not necessarily mean in-state tuition until you officially reside in a state for one year?


I wouldn't have US citizenship though, just LPR status. And that's okay anyways, I'm studying online anyways so that's that for me.


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## twostep (Apr 3, 2008)

JESSJAME5 said:


> No he hasn't filed tax there since he left I don't think - my parents were under the impression he didn't earn enough to file or something? I don't know. But they said they'd file the most recent years if that would count?.


As Bev already pointed out to you - a US citizen and/or permantent resident is required by law to file annual tax returns.





JESSJAME5 said:


> What privileges and responsibilities are you referring to? Am I missing something? :S.


You find the basisc on uscis.gov under "Green Card is granted".





JESSJAME5 said:


> Not sure either if he has to live in the US, can't seem to find anything on it at all. He would be coming with me for a few weeks when/if I can move there. I think they're going to call the US Embassy soon and ask a few questions. We're going to have to do it all really quickly as I turn 21 at the end of September. I know the process is long for the visa however we did come across something that said speeding up the processing time due to things such as 'almost coming of age'..


Please keep us posted on the sponsor residence requirements. Thank you.





JESSJAME5 said:


> I wouldn't have US citizenship though, just LPR status. And that's okay anyways, I'm studying online anyways so that's that for me.


Good luck!


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## JESSJAME5 (Oct 27, 2011)

So my step-dad rang the US embassy yesterday here in Australia & they said they can't help us we'd have to call Chicago, so he rang there last night and the guy he spoke to basically said try it, but he can't guarantee anything. He also seemed to be just reading information off of the site and apparently "wasn't quite sure of himself" - which is really no help... 

But he also said he doesn't see a problem in the fact that my step-dad lives in Australia, not the US. And my step-dad was just telling me before that he "doesn't have to pay taxes there as he lives here, not there" ... Which I don't see how that's going to work if he does the Affadavit of Support as it asks for your last 3 years tax return.. 

Basically, we've been told to apply, take the gamble of the $462 for the application, and hope for the best. Tough call.


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## Bevdeforges (Nov 16, 2007)

JESSJAME5 said:


> But he also said he doesn't see a problem in the fact that my step-dad lives in Australia, not the US. And my step-dad was just telling me before that he "doesn't have to pay taxes there as he lives here, not there" ... Which I don't see how that's going to work if he does the Affadavit of Support as it asks for your last 3 years tax return..


It's not a matter of *paying* taxes, necessarily. But as a US citizen, he is supposed to file a tax return every year that his worldwide income exceeds the filing threshold. (Which, for someone filing as "married, filing separately" is pretty low.) 

He needs to back file for 3 or 4 years at a minimum in order to demonstrate that he is eligible for the various exemptions and exclusions and thus owes no tax. Also, if he has bank accounts and/or investments amounting to $10,000 or more outside of the US, he should be filing FBAR reports each year. These are simple declarations of overseas bank accounts, with no taxes due based solely on these reports.

Be aware, too, that if his application to sponsor you is turned down, he's simply out the filing fee. 
Cheers,
Bev


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## twostep (Apr 3, 2008)

Filing annual taxes is one of the obligations of a US citizen and permanent resident:>)


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## JESSJAME5 (Oct 27, 2011)

Unfortunately for me, my step dad rang the embassy again and this time spoke to someone who actually knew what they were talking about rather than reading off the site. The lady told him that there's no chance really as he lives abroad and doesn't plan to move back there. She also said apparently he would need to establish his residency back there and remain for 10 years (which didn't quite make sense as I could have naturalized after 5 years and gotten citizenship myself?)

But anyways, that's the outcome unfortunately. Looks as though I will again have to explore other options of finding a way to live there.


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## Bevdeforges (Nov 16, 2007)

JESSJAME5 said:


> But anyways, that's the outcome unfortunately. Looks as though I will again have to explore other options of finding a way to live there.


Diversity lottery?
Cheers,
Bev


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## JESSJAME5 (Oct 27, 2011)

Bumping up the old thread...

My parents are now highly considering moving to the US. Once my mum finishes her PhD she's doing here.. which would be about 2 years time. I'm quite annoyed as by then I'll be 22 going on 23, and the wait time for that visa category is 6-7+ years? 

Not sure if it's possible or not for me to apply now, before I turn 21 to "freeze" my age, with their intent of moving in a few years.... It's still a better chance than them having absolutely "no intent" of moving.... Any ideas?


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## Bevdeforges (Nov 16, 2007)

Until they are actually resident over there, they can't file to sponsor your visa. In the meantime, keep applying for the diversity lottery if you're eligible for it. Stranger things have happened.
Cheers,
Bev


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## JESSJAME5 (Oct 27, 2011)

Bevdeforges said:


> Until they are actually resident over there, they can't file to sponsor your visa. In the meantime, keep applying for the diversity lottery if you're eligible for it. Stranger things have happened.
> Cheers,
> Bev


I've seen lots of info pages that have said they can apply for others before moving back there, so that it's a move together. I don't see how a child who's say 11 could stay back in the country whilst their parents move to another country THEN file for them... So, he can sponsor me for the visa before moving while I'm still under 21. I just don't know if it would work NOW as I'm 21 next month, and they don't plan to move for 2 years, so it'd be a matter of dragging out the GC for me, while them proving intentions to move..


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## Bevdeforges (Nov 16, 2007)

JESSJAME5 said:


> I've seen lots of info pages that have said they can apply for others before moving back there, so that it's a move together. I don't see how a child who's say 11 could stay back in the country whilst their parents move to another country THEN file for them... So, he can sponsor me for the visa before moving while I'm still under 21. I just don't know if it would work NOW as I'm 21 next month, and they don't plan to move for 2 years, so it'd be a matter of dragging out the GC for me, while them proving intentions to move..


It's actually fairly simple. A US citizen can file to bring family members with them when returning to the US, provided the US citizen is in the process of relocating back to the US. (Usually this means that the US citizen has arranged for a place for the family to live and/or has a job waiting for them.) The "family members" that can be accommodated under the Direct consular filing include spouse and *minor* children (i.e. those under 21).

At 21 you're an "adult child" and have to go into the queue.
Cheers,
Bev


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## JESSJAME5 (Oct 27, 2011)

Bevdeforges said:


> It's actually fairly simple. A US citizen can file to bring family members with them when returning to the US, provided the US citizen is in the process of relocating back to the US. (Usually this means that the US citizen has arranged for a place for the family to live and/or has a job waiting for them.) The "family members" that can be accommodated under the Direct consular filing include spouse and *minor* children (i.e. those under 21).
> 
> At 21 you're an "adult child" and have to go into the queue.
> Cheers,
> Bev


But he can still apply for me now as they are "in the process of relocating back to the US" where he has a job, and a place to live..? I'm not 21 yet, so he could petition for me now, and have the age "freeze" at being 20 while the process of obtaining the GC? It's not going to be an instantaneous thing getting the GC, it still takes processing time, then you are given 6 months in which to enter the US and "activate" the GC. Which we could go and do, collect the GC, and come back to "wrap up" our lives here? aka Mum finishing her PhD


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## Bevdeforges (Nov 16, 2007)

I don't think you're supposed to just "drop by" the US to "collect" your GC and then return back home to "wrap things up." But since it's your stepdad's sponsorship, perhaps you should discuss the timing with him. He has to convince the Immigration people that he's in the process of relocating back to the US with his immediate family at the time he applies for you.
Cheers,
Bev


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## twostep (Apr 3, 2008)

JESSJAME5 said:


> But he can still apply for me now as they are "in the process of relocating back to the US" where he has a job, and a place to live..? I'm not 21 yet, so he could petition for me now, and have the age "freeze" at being 20 while the process of obtaining the GC? It's not going to be an instantaneous thing getting the GC, it still takes processing time, then you are given 6 months in which to enter the US and "activate" the GC. Which we could go and do, collect the GC, and come back to "wrap up" our lives here? aka Mum finishing her PhD


a) having a job does not mean he makes enough to sponsor his family
b) you already posted that he did not file tax returns
c) GC means moving your center of life to the US not collect and run 
d) no Mum will need a re-entry permit and so will you should you violate GC terms
e) applications, biometrics, medicals/vaccinations, round trip tickets, housing/living, no medical coverage, keeping AU residence or not, ... for three to achieve what if you do not fullfill your obligations as GC holder?


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## JESSJAME5 (Oct 27, 2011)

twostep said:


> a) having a job does not mean he makes enough to sponsor his family
> b) you already posted that he did not file tax returns
> c) GC means moving your center of life to the US not collect and run
> d) no Mum will need a re-entry permit and so will you should you violate GC terms
> e) applications, biometrics, medicals/vaccinations, round trip tickets, housing/living, no medical coverage, keeping AU residence or not, ... for three to achieve what if you do not fullfill your obligations as GC holder?


a) he does make enough to be above the poverty line as sponsorship for his family
b) they've almost done his taxes now
c) & d) I didn't say it was a collect and run...? It's "wrapping up" life in a country. I've read on the DV Lottery forums that a lot have mentioned activating the GC before the 6 months is up, and heading back to finish "wrapping up" their lives.. Mum's PhD is over in 2 years, if the application for me to get the GC can be stretched 16-18 months or so then it works just fine..?
e) why would I not fulfill my obligations?


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## stednick (Oct 16, 2011)

*Roll the dice*

JESSEJAME5: 

My two cents, go ahead and apply.

On the basis of the amount of time and research you already have invested in this; you obviously desire to move to the US, coupled with the risk or downside of losing the sum of $462, "Basically, we've been told to apply, take the gamble of the $462 for the application, and hope for the best. Tough call." 

Go ahead, risk the money. Roll the dice and take your chances. Good Luck. You'll never know lest you try. Let us know how you made out.

One note: it will cost you considerably more than $462 as you move forward and hopefully succeed.


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## JESSJAME5 (Oct 27, 2011)

stednick said:


> Jessjame5:
> 
> My two cents, go ahead and apply.
> 
> ...



Thanks,
I know it will cost much more once it moves forward, and that's worth it! But we should know early on if it's not going to work, the initial gamble will be the under $500 amount (hopefully!).


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## JESSJAME5 (Oct 27, 2011)

Update:

Had our interviews at the US consulate yesterday, and got approved.

We decided not to drag it out until mum finished her PhD - she was struggling to find time around her full time work to complete it so she's quit work to focus on her PhD while we move to the US.

There was no problems in it being my step-dad as the sponsor, even though he had been living with us in Australia for 12 years. No issues with his tax returns either - the only thing they really wanted to talk about in the interview was his job here and what he planned to do for work there - but he runs a web hosting company online, based in the US, so he's able to continue the job from anywhere.. and the consulate officer was happy enough with that. So we got approved.

My little brother also got his birth registered abroad, and claimed his US citizenship (he's 10). We're moving in July.



The only issues that did come up was my age. We applied in August, and everything was on track then. Until we got sent back my application because a signature was on the wrong line. It was sent back to us 6 days before my 21st. We rushed to send it back, and it arrived there ON my birthday. I initially was placed into the 'adult child' category, with a very long wait... But I think they hadn't quite realized the mistake, rush turn around, how long it took them to send it back, and the fact it arrived ON my birthday etc. Eventually, this got fixed, and I returned to a child of a USC.


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## Bevdeforges (Nov 16, 2007)

Congratulations! Sounds like you had luck on your side. Now, on with the preparations for the big move!
Cheers,
Bev


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## JESSJAME5 (Oct 27, 2011)

Bevdeforges said:


> Congratulations! Sounds like you had luck on your side. Now, on with the preparations for the big move!
> Cheers,
> Bev


Not gonna lie - it was definitely a stressful process! But the hardest part is done now, thankfully! 

Yep, flights are booked, booked the dogs flights today, cars are almost ready to go up for sale.. except they're the difficult one, just can't wait to be on the other side.


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## twostep (Apr 3, 2008)

Good luck - what is next?


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## JESSJAME5 (Oct 27, 2011)

Now we wait until July. Just gotta finish selling stuff here and what not. July can't come sooner! I'm too excited!


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