Query regarding F3

[parminder]

Hello every one. I am a resident of India and my father has been a green carsdholder in US since 2 decades. He has filed petition(F3) for me some years ago. Now i have got notification from US embassy that my number has come and immigration process is initiated:
i have 2 queries:
1. Is it necessary now that my father who has filed my petition should be present in US at this time?
2. Is there any change in conditons if the petiotioner(father) expires or is not alive at the time of process inititation.?

Awaiting for your help.Regards

[rayb]

Parminder,

Both of your questions are most relevant.

1. Your father must continue to have a U.S. domicile when you are being processed by the Embassy. If actually in India during that time, his Green Card status must be unexpired and he must be planning to return to the U.S. before or when you travel to the U.S.
2. If your father passes away after your Priority Date is current, your petition expires, BUT A RELATIVE CAN STEP IN AS A SUBSTSITUTE SPONSOR.

--Ray B

Hello every one. I am a resident of India and my father has been a green carsdholder in US since 2 decades. He has filed petition(F3) for me some years ago. Now i have got notification from US embassy that my number has come and immigration process is initiated:
i have 2 queries:
1. Is it necessary now that my father who has filed my petition should be present in US at this time?
2. Is there any change in conditons if the petiotioner(father) expires or is not alive at the time of process inititation.?

Awaiting for your help.Regards

[parminder]

correction

Parminder,

Both of your questions are most relevant.

1. Your father must continue to have a U.S. domicile when you are being processed by the Embassy. If actually in India during that time, his Green Card status must be unexpired and he must be planning to return to the U.S. before or when you travel to the U.S.
2. If your father passes away after your Priority Date is current, your petition expires, BUT A RELATIVE CAN STEP IN AS A SUBSTSITUTE SPONSOR.

--Ray B

THANKS RAY B for your reply. But i mistakenly wrote my father as a green card holder. He is a US citizen . So does that make any difference in your answers.Thanks

[rayb]

I wondered about that, because of the F3 class, but responded without asking for a clarification from you.

My responses, however, remain the same, and I have had these very same issues come up several times with our packages.

With a U.S. citizen petitioner, you need to be prepared to provide proof, if asked, of dad's continued "domicile" in the U.S., even if he spends a lot of time in India.
If dad passes away, you will need to obtain NVC or Embassy approval for a substitute sponsor (relative), and that gets kind of bogged down during the approval process.

--Ray B

THANKS RAY B for your reply. But i mistakenly wrote my father as a green card holder. He is a US citizen . So does that make any difference in your answers.Thanks