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Reinstate an approved I-130 petition after petitioner's death

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  • Reinstate an approved I-130 petition after petitioner's death

    Hi.

    Presently we are residing as legally working residents in USA. We have come to USA in 2016.

    My husband's mother, who was a US citizen had filed family petition I-130 for her children in Oct, 2008. The petition was approved in June 2010. Unfortunately his mother passed away in Feb, 2018. All other beneficiaries (sibling) residing outside US recieved revocation letters from USCIS last year in Nov. However, in our case we have not recieved any notification of action.

    In case of my husband's siblings, one of my husband's sister who is a US citizen has filed an appeal of reinstatement of approved I-130 petition, under section 204(l) relief of immigration and nationality act, for her siblings outside US.

    Now my question is that since we have not recieved any revocation letter from USCIS as yet, should we apply for reinstatement of petition too under the same relief section 204(l).

    And should we submit an application with form I-864, where my husband will show all his documents of proof that he is eligible to support his family in US and that at no point in time we will become a burden on US government.

    Or is there another rule to approach in our case where we would request yo expedite case of our approved I-130 petition by my mother-in-law.

    TIA
    Last edited by SaySid; 01-24-2020, 07:29 PM. Reason: Topic is unapproved

  • #2
    I believe 204(l) reinstatement will be needed sooner or later, so you might as well apply for it.

    I believe a substitute sponsor will be needed to fill out the I-864 (unless your husband had worked 40 quarters and can fill out I-864W), and the substitute sponsor must be a relative of your husband and be a US citizen or permanent resident. Your husband's income can be counted in the sponsor's household income if your husband is working in the US legally.

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

    Comment


    • #3
      Thank you for your response. It will be 4 years in May this year for us and we have EAD cards that allow us to legally work and stay as legally working residents.
      We are planning to apply for Reinstatement of I-130 petition under section 204(l). My question is that Do we have to submit form I-864 affidavit of support with this request?
      And since it's not been 40 quarters yet that we have been working here, but we have bought a house, we have filed tax for 2 years and soon will be filing our 3rd year tax. My husband and I have life insurance policies....etc SO do we still need a relative who should sponsor us.
      Thirdly we have an English translation of birth certificate which has notorised seals and everything from my country, but does it have to be some kind of special translation as per USCIS standards?

      Comment


      • #4
        Originally posted by SaySid View Post
        Thank you for your response. It will be 4 years in May this year for us and we have EAD cards that allow us to legally work and stay as legally working residents.
        We are planning to apply for Reinstatement of I-130 petition under section 204(l). My question is that Do we have to submit form I-864 affidavit of support with this request?
        And since it's not been 40 quarters yet that we have been working here, but we have bought a house, we have filed tax for 2 years and soon will be filing our 3rd year tax. My husband and I have life insurance policies....etc SO do we still need a relative who should sponsor us.
        Thirdly we have an English translation of birth certificate which has notorised seals and everything from my country, but does it have to be some kind of special translation as per USCIS standards?
        I-864 will be needed when you guys file I-485. Since you guys don't meet the requirements to be exempt from I-864, you will need a substitute sponsor.

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

        Comment


        • #5
          Thank you.

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