AOS Financial Support Question

[nycnyc1]

I'm looking for some feedback on the sponsor finance support section.

Basic facts:
Approved for I-130 in 2013.
Father (citizen) is sponsoring unmarried son over 21 years old
Current EAD under DACA
Entered U.S with I-94 in 1986 (have not traveled outside the U.S. since).


If the sponsor doesn't have sufficient assets/income, can I support my own application? I am currently employed full-time and will earn approx. $90k-$100k in 2018. I've filed taxes since 2014.

Also, is it helpful to report cash and cash equivalents? I believe this is optional on the application.

[newacct]

I'm looking for some feedback on the sponsor finance support section.

Basic facts:
Approved for I-130 in 2013.
Father (citizen) is sponsoring unmarried son over 21 years old
Current EAD under DACA
Entered U.S with I-94 in 1986 (have not traveled outside the U.S. since).


If the sponsor doesn't have sufficient assets/income, can I support my own application? I am currently employed full-time and will earn approx. $90k-$100k in 2018. I've filed taxes since 2014.

Also, is it helpful to report cash and cash equivalents? I believe this is optional on the application.

Yes, the immigrant's income can be counted in the sponsor's household income, if they are working legally. So your father would still fill out his I-864, but your name and income would be listed in Part 6 #8-10 (Person 1), and your income would be added with your father's income (Part 6 #7) to sum to his household income (Part 6 #20), and it's that that needs to be sufficient. You would need to attach your EAD showing you are working legally. You would check the box in Part 6 #22. You do not need to fill out an I-864A. Assets are not necessary if income is enough.

Are you doing AOS or Consular Processing? I don't think you are eligible for AOS in your category since you are out of status, unless you are grandfathered under 245(i) (i.e. you were the beneficiary of a petition filed before 2001).

[nycnyc1]

AOS Financial Support Question

Thanks for the reply!

I actually received an immigrant visa petition approval letter in 2016 from the National Visa Center in NH. My father requested that the interview be held in the U.S. My priority date is Nov 2010. I've been informed that my priority date is current and should submit an I-485.

I was actually interviewed in 2005 for a greencard but was declined since my father was not a citizen at the time (not sure why I was interviewed).

I'll be speaking with an attorney this week as well to sort this out.

[newacct]

Thanks for the reply!

I actually received an immigrant visa petition approval letter in 2016 from the National Visa Center in NH. My father requested that the interview be held in the U.S. My priority date is Nov 2010. I've been informed that my priority date is current and should submit an I-485.

I was actually interviewed in 2005 for a greencard but was declined since my father was not a citizen at the time (not sure why I was interviewed).

I'll be speaking with an attorney this week as well to sort this out.

This is all very confusing. If you were petitioned before 2005, why did your father have to petition you again in 2010? Did the old petition get revoked due to inactivity or something? Or did you get married before your father became a citizen?

If you couldn't adjust status in 2005, it was probably because you were out of status, and someone is not eligible for AOS in a non-Immediate Relative category if they are out of status. When you say "since my father was not a citizen at the time", I am guessing you were under 21 at the time, and if your father was a citizen, you would be an unmarried under-21 child of a citizen which would be in the Immediate Relative category. But now you are over 21 (and in fact you were over 21 at the time your father petitioned you in 2010, if you were born before 1986), so you are still not in the Immediate Relative category anyway, and still cannot adjust status.

When was your first petition filed? If it was filed before April 30, 2001, you would be grandfathered under 245(i) which would allow you to adjust status now regardless of you being out of status. (But I doubt this is true since if it were true then you could have adjusted in 2005 too.) How did your father immigrate? If he immigrated in any category other than Immediate Relative (basically anything other than as the spouse or parent of a US citizen) before 2001, you would have been grandfathered too.

[nycnyc1]

Thank you for the reply. I have an approved 601-A waiver and am waiting for the consulate interview. DQ since October 2021.