British Expats - Can sponsor leave the US on holiday?

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Qube	Dec 6th 2011 11:11 am

Can sponsor leave the US on holiday?

Hi there, just a quick question. Hopefully moving to the US for the New Year, but there are a couple of things my wife (sponsor) is hoping to nip back for in January for about a week. Is that allowed?

ian-mstm

Dec 6th 2011 1:01 pm

Re: Can sponsor leave the US on holiday?

Quote:

Originally Posted by Qube (Post 9773152)

Is that allowed?

The USC sponsor has no travel restrictions. As always, whether or not she is admitted to the UK is up to the UK authorities... the US, however, has no interest in that.

Ian

Qube	Dec 6th 2011 1:20 pm

Re: Can sponsor leave the US on holiday?

She's a dual citizen so no problem in that regard. Thanks for the clarification :)

rpjs	Dec 6th 2011 1:34 pm

Re: Can sponsor leave the US on holiday?

Quote:

Originally Posted by Qube (Post 9773358)

She's a dual citizen so no problem in that regard. Thanks for the clarification :)

Does pose an interesting question, what happens if someone immigrates as an LPR (we'll assume either unconditionally or conditions successfully removed) and their I-864 sponsor decides to leave the US before the immigrant has naturalised or completed their 40 quarters of work. Is the immigrant supposed to get a new I-864 sponsor? If so, do the Dark Forces actively check? I'm guessing not.

md95065

Dec 6th 2011 4:28 pm

Re: Can sponsor leave the US on holiday?

Quote:

Originally Posted by rpjs (Post 9773370)

The sponsor's obligations don't cease just because they leave the US.

rpjs	Dec 6th 2011 4:30 pm

Re: Can sponsor leave the US on holiday?

Quote:

Originally Posted by md95065 (Post 9773726)

The sponsor's obligations don't cease just because they leave the US.

Indeed, but enforcement would become an issue, and being US-resident or intending to resume such is a pre-condition of being a sponsor. What if a sponsor passes on?

ian-mstm

Dec 6th 2011 5:06 pm

Re: Can sponsor leave the US on holiday?

Quote:

Originally Posted by rpjs (Post 9773732)

What if a sponsor passes on?

Then they are no longer a sponsor. Indeed, the sponsor's death is one of the conditions under which the I-864 becomes null/void.

Ian

BTJ	Dec 6th 2011 6:12 pm

Re: Can sponsor leave the US on holiday?

Quote:

Originally Posted by rpjs (Post 9773732)

Indeed, but enforcement would become an issue, and being US-resident or intending to resume such is a pre-condition of being a sponsor. What if a sponsor passes on?

Same problem with US Citizens residing abroad in that they have commitments to US tax, SS Registration etc. Enforcement is obviously impossible if they never re-enter the US, doesn't stop a legal obligation existing though.

Noorah101

Dec 6th 2011 7:08 pm

Re: Can sponsor leave the US on holiday?

Quote:

Originally Posted by rpjs (Post 9773732)

Indeed, but enforcement would become an issue, and being US-resident or intending to resume such is a pre-condition of being a sponsor.

If the sponsor moves, they are supposed to submit an I-865 "Sponsor Change of Address".

I'm guessing the requirement to be or resume being a US resident is only applicable for I-864 approval. After that, it doesn't matter where in the world the sponsor is, they are still held liable.

Rene

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