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Thread: Do you retain control of Family members ( F3/ F4) immigration process after I-130 is approved?

      
  1. #1

    Do you retain control of Family members ( F3/ F4) immigration process after I-130 is approved?

    I want to know if you sponsor brother/sister for immigration by submitting I-130, Once I-130 is approved, do you retain any control ( to cancel I-130 request/ immigrant visa request if needed) before they get immigrant visa.

    If yes upto was stage? If they get visa call and if you dont submit your approval or needed papers at that time, does that application will automatically die? If not what will be the process after I-130 approval.
    Not a lawyer. Please consult attorney for specific advise relevant to your situation

  2. #2
    If you don't submit the I-864 (Affidavit of Support), which will be due at the time of filing I-485 or DS-230, the case cannot proceed to completion.

    Otherwise, even after submitting the I-864 you can still withdraw an approved I-130, anytime until the very last minute before the green card is approved (although if you wait until the last minute, they might approve the green card before processing your withdrawal request).
    PD: Jan 2003 (EB3 rest of world)
    I-485 Approved: July 2007

    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

  3. #3

    Thanks. What happens in case of death of petitioner

    Quote Originally Posted by Jackolantern View Post
    If you don't submit the I-864 (Affidavit of Support), which will be due at the time of filing I-485 or DS-230, the case cannot proceed to completion.

    Otherwise, even after submitting the I-864 you can still withdraw an approved I-130, anytime until the very last minute before the green card is approved (although if you wait until the last minute, they might approve the green card before processing your withdrawal request).
    Just curious what happens to approved I-130 for F3/F4 petitions (brother sisters/married sons etc) if petitioner die before visa number become available. I understand in last few yrs there are changes in favor of potential family based immigrants ?
    Not a lawyer. Please consult attorney for specific advise relevant to your situation

  4. #4
    There is a provision that allows continuing the process if the beneficiaries are living in the US at the time of the petitioner's death, under certain conditions.
    PD: Jan 2003 (EB3 rest of world)
    I-485 Approved: July 2007

    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

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