I-130 approved but petitioner no longer in U.S.?

kidd636

Registered Users (C)
How will the case be affected if the petitioner is no longer in the U.S. (migrated to Australia)?
Can the beneficiaries still proceed with their case?


Here's the scenario:

My father-in-law was petitioned by his brother back in 1989. A few days ago, he finally received a notification that his I-130 has finally been approved. He also got his DS-3032 (agent form) in that mail. However, his brother has already migrated to Australia several years ago.

How will this affect his case?

I doubt he can still indicate his brother as the contact person in his DS-3032?

Can I, as his son-in-law, substitute as the contact person and eventually also be the one provide his affidavit of support? I'm already a green card holder by the way.

Thanks in advance for all your help! :)
 
You can be the Agent, but original petitioner HAS TO sign affidavit of support, and provide tax docs.
 
The fact the sponsor no longer lives in the US is a significant problem. Why should a visa number be given out for family reunification when the sponsoring family member is no longer is the US?
 
Family sponsorship exists so that families can be united in the US. If the sponsor is no longer living in the US, the interviewing consul may be reluctant to issue the immigrant visa.

How will the case be affected if the petitioner is no longer in the U.S. (migrated to Australia)?
 
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