Can petitioner live abroad while filing I-130?

[muahelp]

Hello Everyone,

I'm a US citizen and already sponsored green card for my parents (they came to the US in Dec 2021). I have a brother who is under 18 in my home country. My mother filed I-130 for my brother recently. Can my mother live outside of the US for 6 months to take care for him and come back to US for 6 months until my brother can get a visa? Will her absence have any impact on the application?

[mnsweeps]

I am confused. You filed I-130 for your parents and now your mom (who doesnt have GC or citizenship) wants to file I-130 for your brother? How is that even possible? Only you as a citizen can file I-130 for your bro. Sorry if I misunderstood.

[newacct]

I am confused. You filed I-130 for your parents and now your mom (who doesnt have GC or citizenship) wants to file I-130 for your brother? How is that even possible? Only you as a citizen can file I-130 for your bro. Sorry if I misunderstood.

The moment the mom entered the US on an immigrant visa, she is immediately a US permanent resident (i.e. she "has GC"), and can immediately petition an unmarried child.

[newacct]

Hello Everyone,

I'm a US citizen and already sponsored green card for my parents (they came to the US in Dec 2021). I have a brother who is under 18 in my home country. My mother filed I-130 for my brother recently. Can my mother live outside of the US for 6 months to take care for him and come back to US for 6 months until my brother can get a visa? Will her absence have any impact on the application?

She will need to be "domiciled" in the US for the I-864 Affidavit of Support (which she will need to submit later in the process). She will need to answer US for country of domicile on the I-864, and the I-864 instructions says that if her address is not in the US but she claims to be domiciled in the US, she will need to submit evidence that she is living abroad temporarily or will re-establish domicile no later than when your brother immigrates.

Your mother might also consider getting a Re-entry Permit which will allow her to return to the US after an absence of up to 2 years (since it may take that long before your brother gets his immigrant visa). But she will need to make sure to maintain a residence in the US during this time.