i-485 problem

[indian_guy101]

Hello all,

My parents and myself were planning on immigrating into the United States on the family based green card. We received our DS-230, paid the fees and within a few weeks we got a interview date. But then we had a huge setback, due to some personal problems, our sponsor disagreed to filed I-485. We even attended the interview , but the officer rejected our application and gaves us an alternate interview date, so that we could bring in the i-485 affidavit of support.

I dont think the situtation with our sponsor is going to get any better in the next few months, and our application fees are valid for only one year.My question is that, is there any other legal way to resolve this situtation?


Thank you very much.

 

[ndc121]

Can you explain the situation more. Who is the sponsor? Who are your relatives in the US, what is their legal status?

 

[indian_guy101]

The sponsor is my uncle, who is an US Citizen.

 

[machelon]

try to find any other persons you can think of (citizen or resident). Friend...cousin...distance cousin etc. I know that the affidavit is a very intimidating document for some people, but it could help if you explain it better to them, it is only in case you guys end up seeking goverment help here.

 

[indian_guy101]

machelon...Thanks a bunch. I just want to clarify.

When you say get them from another citizen or resident, doesnt it matter that the affidavit has to from the sponsor himself? OR could it be from any citizen ? Could you please clarify them to me?

Thanks a lot again.

 

[machelon]

I assumed that your uncle cannot provide the afidavit (I-864) because he cannot meet the income requirements...is that correct? ... I mean he is still willing to sponsor you, he just does not make enough money to meet the minimum income requirements...right?. If that's the case then he can find a joint sponsor.
Read the following info from the USCIS website.
*******************************
Can anyone else be a sponsor?
INA section 213A permits both a "joint sponsor" and a "substitute sponsor" in certain cases.

Who can be a joint sponsor, and when is a joint sponsor allowed?
If the visa petitioner's household income is not sufficient to meet the requirements of INA section 213A and 8 C.F.R. ง 213a, INA section 213A permits a joint sponsor to sign an affidavit of support, in addition to the affidavit of support signed by the visa petitioner. A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125 percent income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.
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[candyattitude]

if it's the affidavit of support (i-864) that's the problem, then all you need is to find either another relative or friend, who is either a citizen or permanent resident and resides in the united states, to file the affidavit with your uncle. your uncle has to file it too, but he'll claim that he doesn't meet the requirement, and then your sponsor will file the form also, and attach copies of their taxes, paystubs, and employer letter.

 

[indian_guy101]

Thanks machelon and candyattitude. But my situation is that my uncle is not willing to file for support of affidavit after we have got our interview date. It is not the question of not having adequate income, but rather some personal dispute among family members.

What I want to know is that can we still pursue it through anyother legal means? That is can we have a substitute sponsor even though he is well alive? We have got all the paper work completed, and my parent and I have enough income to meet the 125 percent income requirement. The only document we neet is I-485.

 

[curiousGeorge]

The only document we neet is I-485.

indian_guy,
I think you are confusing form I-485, "Application To Register Permanent Residence or Adjust Status" with form I-864, "Affidavit of Support".

These are 2 very different forms, not sure why you keep referring to I-485 in your posts, especially since it sounds like your going through consular processing, and not adjustment of status.