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Which I-864 sponsor form to submit

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  • Which I-864 sponsor form to submit

    I am submitting AOS I- 485 form per latest bulletin board updates at USCIS with a reinstatement application for revoked I-130 petition after petitioner's death under 203(l) relief and humanitarian reinstatement. In both situations form I-864 is required. It's not been 40 quarters of working in US for us, but 4th year with 3 years tax returns, property, life insurance and 72k annual income.... what I864 form do I require to file...
    my sister is a US citizen. If she files on my behalf, I still earn more than her. Which I-864 has to go with my AOS I-584 form and written application for reinstatement of revoked I-130 petition after it was approved before the petitioner's death.

  • #2
    Sorry it was I-485 AOS form.

    Comment


    • #3
      Who was the petitioner?

      Do you not have 40 quarters of Social Security credits, even counting the credits earned by your spouse while married, and counting the credits earned by your parents when you were under 18?

      Your sister would file I-864 as substitute sponsor. Your income (the intending immigrant's income) can be counted in her household income if you are working in the US legally.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        How will I know that I have 40 quarters of social security credits? How will I measure those?
        And as you asked~Who was the petitioner?
        My mother was the petitioner. She was a US citizen and she filed I-130 petition for her remaining children who were not US citizens. Including myself, who was married with 3 kids at the time she filed for my immigration petition in Oct 2008.
        the petition was approved in 2017, while I along with my family had already moved to US in 2016 on B2 visas and filed asylum due to uncertainty and other issues back in my country, so our asylum case is pending and in process, while we were issued EAD to work.
        Unfortunately, my mother passed away in Feb 2018, so the family approved immigration petition was automatically revoked. But that too does not effect the case as long as you send a written reinstatement application to USCIS with proofs of your legal presence in US at the time petitioner died and that you were not a burden by taking govt. aid in any form and are self sufficient to support yourself and family.
        Now on USCIS immigration bulletin board( I don't know how you say it) AOS for family petitions are ready to be taken in the first week of April 2020....Now I can file for AOS I-485 with reistatement application.
        I need to submit form I-864 affidavit of support (substitute) as my mom passed away....so now my sister will do it.....
        so I am already earning more than her.... So I was thinking I don't need a sponsor, but it is a requirement by law. So how will I file this form now?

        Comment


        • #5
          I don't think you are eligible for Adjustment of Status (I-485), because you are out of status. You are not eligible for AOS in family-based categories other than the Immediate Relative category (you are in F3 category) if you are out of status at the time of filing or have ever been out of status. You are out of status since your I-94 expired. Having a pending application for asylum, does not make you in status, even though you do not accrue unlawful presence. I believe you would have to do 204(l) reinstatement of the petition, and then do Consular Processing abroad. (Of course, you should probably wait for the outcome of your asylum application before doing that as leaving the US will abandon your asylum application unless you get Advance Parole.)

          You generally get 4 Social Security credits for each year you worked. You can get Social Security statements for you and your spouse to check how many each of you have. I believe you can get it online but I am not sure.

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            It sounds as if we are out of status but we are not! And under Codes of Federal regulation act 204(l) relief while filing for reinstatement, your lawful presence in US at the time of petitioner's death needs to be maintained. So two cases cannot be mixed up... the family based immigration petition has nothing to do with asylum request, which was filed before our I-94 was expired....so we have been legally present in US obliged by all the rules and regulations. So not for a single sec were we out of status....
            but thank you for your time.
            I appreciate it.

            Comment


            • #7
              Originally posted by SaySid View Post
              It sounds as if we are out of status but we are not! And under Codes of Federal regulation act 204(l) relief while filing for reinstatement, your lawful presence in US at the time of petitioner's death needs to be maintained. So two cases cannot be mixed up... the family based immigration petition has nothing to do with asylum request, which was filed before our I-94 was expired....so we have been legally present in US obliged by all the rules and regulations. So not for a single sec were we out of status....
              but thank you for your time.
              I appreciate it.
              I do not dispute that you are "legally" staying in the US and you are not accruing "unlawful presence", but that does not mean that you in "status". I am not saying "out of status" to accuse you of doing anything wrong. It's a technical term. It is very common to be out of status, for example, while an extension of status, change of status, adjustment of status, or asylum application is pending. Under US immigration law, a pending application is not "status" that you need to be eligible for Adjustment of Status, even if it allows you to stay in the US. The distinction is relatively technical but important. Your status ended when the I-94 expired. You have been staying legally since, but you are not eligible for Adjustment of Status in your category because you are not in "status". Read the first page I linked to and read about the situations when one is considered to be in status for the purposes of Adjustment of Status; you are not in any of them. Like I said, you can still do 204(l) reinstatement and leave the US to do Consular Processing.

              This is my personal opinion and is not to be construed as legal advice.

              Comment


              • #8
                Petition

                A pending or approved petition does not confer lawful immigration status on an alien. An immigrant petition merely classifies an alien in a (particular immigrant visa category), which forms the basis for the alien’s adjustment application.

                If your immigrant petition was already approved before your relative died, the approval is automatically revoked by function of law (see 8 CFR 205.1(a)(3)(i)(B) and (C)). Section 204(l) can still apply to a case that was revoked, so the revocation does not mean that your case is over. Rather, “revocation” and “reinstatement” simply provide a procedural mechanism that lets USCIS verify whether section 204(l) applies to your case and, if it does, to decide whether to exercise discretion favorably.

                When you request and are granted section 204(l) relief, USCIS reinstates the approval of the petition, so that you can continue the process of obtaining lawful permanent residence (Green Card). This is a technical difference because of how the law is written and other laws and regulations that existed before section 204(l) was enacted, but the outcome is the same: when section 204(l) relief is requested and granted, you can continue the immigration process. Processing times may vary, depending on where your file is located and other factors. See How to Request Section 204(l) Relief for information on how to request section 204(l) relief.

                There is no form or fee to ask for section 204(l) relief. You need to make a written request with supporting evidence of eligibility to a USCIS office.

                If your relative dies after the petition (for example, Forms I-130 or I-140) is approved, you should specifically ask USCIS “to reinstate the approval of the petition under section 204(l).”


                When you request section 204(l) relief, you must include:
                • Your name, your deceased relative’s name, and the names of any other beneficiaries on the same petition;
                • Your alien registration number (A number), if you have one;
                • Your deceased relative’s A number, if he or she had one;
                • The A number for any other beneficiaries, if they have one;
                • The receipt number on your petition or application;
                • Your relative’s death certificate (a certified translation is required, if not in English);
                • Proof of your residence (examples include, but are not limited to: lease/mortgage, utility bills, pay stubs, school records, etc.) at the time of your relative’s death up until the present time (note: only one of the beneficiaries on a petition with derivatives needs to meet the residence requirement); and
                • Form I-864, Affidavit of SupportUnder Section 213A of the Act, from a substitute sponsor.
                If,
                Your petition was already approved when your relative died AND you have a visa available and are ready to file Form I-485 Send your written request with your Form I-485 package per Instructions for Form I-485
                If you are currently in the United States, in order to be eligible for a Green Card as a family preference immigrant, you must meet the following requirements:Inspected and Admitted or Inspected and Paroled

                Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. There are some limited exceptions to this eligibility requirement. For more information on this requirement, see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled”. Eligibility to Receive an Immigrant Visa

                You are eligible to receive an immigrant visa if you are the beneficiary of:

                Comment


                • #9
                  §1255. Adjustment of status of nonimmigrant to that of person admitted for permanent residence

                  (a) Status as person admitted for permanent residence on application and eligibility for immigrant visa

                  The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.

                  Comment


                  • #10
                    In my case I believe the timing is important as the priority date suggests that immigrant visas are available....plus I just recieved a revocation letter from USCIS....and I can apply reinstatement request together with for I-485....

                    Comment


                    • #11
                      If my other application is pending with USCIS...it is not my fault. I applied for I-589 before my I-94 was expired... I have been working on EAD provided by government.... I am self sufficient based on my education and job here.... I have been filing tax returns, paying Bill's, mortgage....and if during this time my mother passed away! My approved I-130 petition got revoked, my priority date arrives.....How does all that makes me ineligible to file for reinstatement and adjustment of status?

                      Comment


                      • #12
                        Originally posted by SaySid View Post
                        If my other application is pending with USCIS...it is not my fault. I applied for I-589 before my I-94 was expired... I have been working on EAD provided by government.... I am self sufficient based on my education and job here.... I have been filing tax returns, paying Bill's, mortgage....and if during this time my mother passed away! My approved I-130 petition got revoked, my priority date arrives.....How does all that makes me ineligible to file for reinstatement and adjustment of status?
                        I never said you were ineligible for 204(l) reinstatement. I said several times that you can do 204(l) reinstatement and then do Consular Processing with the reinstated petition. What I said is that you are not eligible for Adjustment of Status. Even if your mother were still alive you would still be ineligible for Adjustment of Status at this time, because you are not in status; your mother passing away and you getting your petition reinstated doesn't change that.

                        This is my personal opinion and is not to be construed as legal advice.

                        Comment


                        • #13
                          So I should first request for reinstatement to USCIS? And then once it gets approved I should follow the later instructions?

                          Comment


                          • #14
                            My sister is filing I-864 for me so that I can submit it with my request to reinstate my revoked family immigration petition.
                            We are stuck.
                            Part 6. Sponsor's Employment and Income:
                            Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. Please indicate name, relationship and income.

                            SO if I am the intending immigrant! I don't live with her. In fact we live I entirely different states, and I am accompanied by my husband and children. In this case what needs to be done and how should we go about this form from here??

                            Comment


                            • #15
                              Originally posted by SaySid View Post
                              My sister is filing I-864 for me so that I can submit it with my request to reinstate my revoked family immigration petition.
                              We are stuck.
                              Part 6. Sponsor's Employment and Income:
                              Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. Please indicate name, relationship and income.

                              SO if I am the intending immigrant! I don't live with her. In fact we live I entirely different states, and I am accompanied by my husband and children. In this case what needs to be done and how should we go about this form from here??
                              I-864 isn't submitted with reinstatement. I-864 is submitted with I-485 for Adjustment of Status, or I-864 is requested by NVC for Consular Processing. If you are not eligible for Adjustment of Status, you would get the petition reinstated, and then wait for NVC to contact you.

                              Your information and income would be listed under Person 1 in your sister's I-864 Part 6 #8-10, and it would combine with her individual income to make her household income.

                              This is my personal opinion and is not to be construed as legal advice.

                              Comment

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