GC holder will file for an unmarried child under 21, Can her USC spouse file an i864A to sponsor?

A

Adriana2701

New Member
We got married after my son turned 18, now he is about to turn 21 (April 17th). Can I file for him with my spouse as his sponsor?

And, does my son need to file an i-944 form?

Thanks
 
You are the GC holder who is the biological parent, and your son is in status in the US and doing Adjustment of Status, right? You didn't come in through K1, right?

You will file an I-130 petition for your son, and as the petitioner, you will fill out an I-864 Affidavit of Support. If your own income is insufficient, you can count your spouse's income in your household income, if your spouse fills out an I-864A to be your household member. Your son needs to fill out an I-944.
 
newacct said:
You are the GC holder who is the biological parent, and your son is in status in the US and doing Adjustment of Status, right? You didn't come in through K1, right?


You will file an I-130 petition for your son, and as the petitioner, you will fill out an I-864 Affidavit of Support. If your own income is insufficient, you can count your spouse's income in your household income, if your spouse fills out an I-864A to be your household member. Your son needs to fill out an I-944.
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Thank you for your response N... That will be correct, I adjusted from A1. As a Diplomat, I filed an i-508 and while I was approved. My husband and I filed taxes jointly. (We registered my income and subtracted it because of international tax laws.) My income is sufficient but I have no income registered in the US. It is not taxable.

Thanks. My son will fill his i-944, about that, he has been working with an EAD, his business closed and he filed for unemployment, he hasn't get any money from that yet. Does he need to cancel that to not be considered a public charge?

Best,

-A
 
What status is your son in? If he was on A1 status dependent on your A1 status, then as soon as you became a permanent resident (when your AOS was approved), you would have lost your A1 status and he would also have lost his A1 status, I believe. In that case, he wouldn't be able to do AOS in the US in his category, and would have to do Consular Processing abroad.
 
newacct said:
What status is your son in? If he was on A1 status dependent on your A1 status, then as soon as you became a permanent resident (when your AOS was approved), you would have lost your A1 status and he would also have lost his A1 status, I believe. In that case, he wouldn't be able to do AOS in the US in his category, and would have to do Consular Processing abroad.
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Thanks N, We are both still on A1, I have my interview on Jan 15th and I am filing an i566 with an i20 to the Department of State to change his status so he can stay here as a student in the mean time. I am just preparing to have everything ready since we are really hoping on the processing times since he turns 21 on April 17th.
Best,
 
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