Family immigration F4 category - I864 Affidavit of support without petitioner

[usman2007]

Hi,
My mother's brother filed for family immigration in 2000 in f4 category. which is current now. But for some reason my mother's brother who is a petitioner don't want to file affidavit of support (i864). I also live in USA and also on adjustment of status. Recently NVC sent AOS fee invoice and fee invoice for immigrant visa.
So if my uncle ( petitioner) is not ready to file AOS (i864). Can i do AOS (I864) myself only without affidavit of support of petitioner ?
If we don't response for long time than what happen ? or at what stage we need to file I864 ?
your response would be helpful.

Thanks,

 

[BigJoe5]

Hi,
My mother's brother filed for family immigration in 2000 in f4 category. which is current now. But for some reason my mother's brother who is a petitioner don't want to file affidavit of support (i864). I also live in USA and also on adjustment of status. Recently NVC sent AOS fee invoice and fee invoice for immigrant visa.
So if my uncle ( petitioner) is not ready to file AOS (i864). Can i do AOS (I864) myself only without affidavit of support of petitioner ?
If we don't response for long time than what happen ? or at what stage we need to file I864 ?
your response would be helpful.

Thanks,

No. The petitioner (I-130 filer) MUST file an I-864 unless dead. You may be a "joint sponsor" but you cannot join if the primary sponsor does not file an I-864 in the first place.

 

[Jackolantern]

If your uncle refuses to file the I-864, the relative being sponsored (your mother?) cannot immigrate based on your uncle's petition.

You said you are in the US pursuing adjustment of status ... which means you don't have a green card yet. You cannot be a joint sponsor if you don't have a green card or citizenship. And even if you get a green card soon and are willing to file I-864 as a joint sponsor, your uncle still has to also file an I-864.