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US citizen sponsoring an under 21 son living in USA

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by riseb1, Mar 22, 2012.

  1. riseb1

    riseb1 Registered Users (C)

    I need help with the forms I need to complete for my son who is under 21 and actually living in USA since January. He has his I-94 valid until Jun 12.

    Here are my questions.

    1. Since he is living in USA, do I need to complete I-130 with I-485 at the same time?

    2. Form I-130 part D question 2 “have you ever filed a petition for this or any other alien?” I filed a petition for my mom. After my mom case was approved in 2008, she filed a petition for my brother. In my brother case, I was a co-sponsor because my mom does not work. This case was approved on Jan of 2012. Do I need to mention my brother case here, even if I did not filed his petition?

    3. Form I-485 Instructions, part 7 Medical examination.
    Part A said “Include medical examination….” How and where my son can take the examination? Is there any form that needs to be completed? Do we need to submit this with I-485?

    4. Form I-485 Instructions, part 10 and 11
    Do I need to submit forms G-325A (Biographic form) and I-864 (Affidavit of support) at the same time with I-485?

    Thanks in advance for your help!!
  2. BigJoe5

    BigJoe5 Registered Users (C)

    1. YES, it is a concurrent filing.

    2. Report mom's I-130

    3. https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV find a civil surgeon

    4. Yes, include the forms. The I-864 is where you report about your pledge of support for your mom and brother. [This assumes that your brother has actually immigrated or is in the process; that is--you actually filed the I-864 or I-864A already.]
  3. riseb1

    riseb1 Registered Users (C)

    Bigjoe5

    First, thank you very much for your help.

    Can you clarify your aswer in question 2.

    Do I have to mention only my mom's case? or I have to metion my brother case as well even it I did not filed his petition but I was his co-sponsor?
  4. BigJoe5

    BigJoe5 Registered Users (C)

    You did NOT co-sponsor his I-130. You said that Mom PETITIONED for him on an I-130. Did YOU simultaneously file another separate I-130 for him as the sibling of a USC? If yes, that would mean that you would have to list him as someone that YOU filed an I-130 for.

    You said that you have agreed to be a financial co-sponsor in regard to mom's insufficient I-864 when the time comes for that. [You likely have not actually filed any I-864 for your brother yet.]

    Also, if your son is a minor and attains the LPR status before reaching 18, he would most likely become an "instant citizen" [if otherwise eligible] and any I-864 for him becomes irrelevant. IF he will not become an instant citizen, then your other financial obligations come into play for your son's I-864. [That means that your mom and EVERYONE else that you have agreed to help financially, and ACTUALLY submitted the I-864 forms for, counts against your income to dependent ratio with regard to additional I-864s as per the current minimums listed on form I-864P.]

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