Adjustment of Status

Question

I came to the United States on F1 (Student Visa) in 2015 and I graduated from school then I got OPT (Optional Practical Training) and I got Employment Authorization Card and I am working legally right now. On the other hand, my Dad is a permanent resident (Green Card Holder) and he applied an I-130 (Petition for Alien Relative) for me in 2011 and the application is with the NVC (National Visa Center) right now. My Priority Date now follow the table for filing visa applications Not the final action dates table in the Visa Bulletin so I can apply. I have 2 options now: 1) Adjustment of Status 2) Consular Processing

Since I am physically present in the United States I want to apply for Adjustment of Status. My Dad is the Petitioner and I am the Principal Applicant. My question is for my interview for Adjustment of Status: Should my dad come to the interview with me? or is it optional? On the other hand, my Dad had been in my country (Out of the United States) for more than 6 years, I know that he has not to leave the United States for more than 6 months but he had some health condition and he had to go to a hospital in my country, but he came recently to United states for a month and he got his SSN and he got his ID and he has a bank account and he filed for Taxes for the last 3 years but he didn't work in the United States at all. My Dad got his Green Card in 2011, but his SSC in 2018. I know that we need a joint sponsor for income requirement and my brother can do that. What are the documents that are required from my Dad for Affidavit of Support?

The thing that I am concerned about is domicile requirements for my dad. My Dad came to the United States for a month but he had to go back to my country (Outside United States) for medical reasons and he can come back again for the interview. My question is what are the documents that are required from my dad to Proof of his residency/domicile? If there is any suggestion that would help please advice me?

Answer 1

As for the documents that are needed for the I-864 Affidavit of Support, he needs to provide evidence of his current income, if he has any (recent pay stubs, and an employer letter if possible), and he needs to attach his last return for the last year (or optionally the last 3 years). He also needs to provide the number from the "total income" line from his tax returns from the last 3 years to answer one of the questions on the I-864 form. If he is counting your income in his household income (as I explained in my answer to your previous question, this will allow his household income to be sufficient and not need a joint sponsor), you will need to attach evidence of your current income (pay stubs and possibly employer letter).

If your father's household income is insufficient, and your brother fills out a second I-864, everything above also applies, except that your brother would also need to provide evidence that he is a US citizen or permanent resident.

As I stated in comments to your previous question, the I-864 instructions just says he needs documents to prove domicile if he is living outside the US, which is unclear but I think it means it is only needed if his address is outside the US. Most people filling out I-864 are living in the US and are never asked to provide any evidence of domicile, so this makes me think that it's the address being inside or outside the US that determines whether he needs to provide evidence.