Q & A March 26, 2006
Q & A 1. 2.
Q&A 1.
Where Petitioner Loses Job – Effect on I-864 Affidavit of
Support
Liu Reader asks:
I am an U.S. citizen and applied I-130 and I-485 for my mother.
I provided my job (wage) to sponsor her. However, during the pending
period, I lost my job and income. I estimated that by the time of
her green card interview, I would not be able to provide a new job
letter. Will my mother’s case be put in pending status until
I find a new job? Can I use my bank deposit to sponsor her?
Dear reader:
You are allowed to have a co-sponsor give the financial support
for your mother in the event that you are not able to provide convincing
evidence of the ability to support her. The co-sponsor is jointly
and severally liable with you for the support of your mother. Such
obligation exists until the time that your mother becomes a citizen,
leaves the U.S. permanently, passes away, or has earned 40 quarters
of income in the U.S.. In the event that you are not able to find
a bonafide co-sponsor, you can attempt to explain your financial
situation to the examiner at the time of interview if your mother
is requested to interview for her permanent residence. (Parents
of U.S. citizens are many times exempted from the need for interview).
A sympathetic examiner may approve your mother's case if convinced
that your present lack of a job is temporary and that you are otherwise
well capable of supporting your mother in the country. An examiner
may also give you an a request for additional information within
a certain period of time to provide further evidence of financial
support. If you are able to obtain a new position or financial co-sponsor,
that could satisfy an examiner's request. There is also the possibility
that your mother's case may be denied at the time of interview if
an examiner does not believe that you have presented sufficient
evidence of financial ability to support your mother. Unless bank
deposits are of a large size, they would generally not be sufficient
to support a parent since the support papers must show enough to
support for a five-year period of time. In addition, financial support
for parents who may be retired or elderly may be scrutinized more
by an immigration examiner than papers for persons who are healthy
and of working age.
Q&A 2.
Does the Dependent of I-130 Petition have to Mark “Yes”
on Whether An Immigrant Visa Petition Has Been Filed When He Applies
for a Student Visa?
Huang Reader asks:
I applied I-130 for my sister six years ago. In the form, I also
provided my brother-in-law and their only son’s names.
Recently, my sister’s son is preparing to apply for student
visa (F-1) to come to U.S. I am worried that because his name is
already in the I-130 and it will affect his F-1 non-immigrant visa.
If he is denied of his F-1, is it because of this I-130?
Dear reader:
On the I-130 petition, the only person being applied for is your
sister. Therefore when your sister's son for fills out the DS-156
visa application form as to whether a visa petition has been filed
on his behalf, his answer is "No". When the I-130 petition
is approved, the National Visa Center usually does not send a request
for DS-230 biographic data sheets until the case is within reasonable
striking distance of the priority date becoming current. The F-4
category for brothers and sisters has a current backlog of 11 years
as per the visa bulletin. Therefore unless the DS-230 forms have
been sent out (an anomalous situation) and returned to the National
Visa Center, your sister’s son has shown no indication of
a wish to immigrate, and the I-130 petition containing his name
should not be a factor in determining his ability to obtain an F-1
non immigrant visa.
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