I-864

[bornyogi]

My son's visa interview is due soon via a FTJ via my employment based GC. I have GC for the past one year and I have been unemployed since then claiming unemployment from the state.

My son has also lived in the US on F-1/H1B for since 1999-2009 and has maintained good standing as far as taxes are concerned till then. He also has 10k in his own bank account. Will there be any issues for my son while appearing for the CP Interview?.



My blood brother is willing to provide joint sponsor.He makes 120-150k and is a VP of a company and has been a citizen for 20 yrs. Will this joint sponsorship help my son???

Can someone please provide some insight?.

 

[Jackolantern]

There wouldn't be an I-864 for a derivative employment-based case. Provide I-134 instead.

How old is your son ... isn't he about 30 by now? Have you done the CSPA calculation to ensure he still qualifies for follow-to-join? How long did your I-140 take to be approved?

Note that the scheduling of an interview at the consulate doesn't mean he is still eligible under the CSPA. They often accept the visa fees and schedule the interview and then deny individuals for aging out.

I hope you were employed at least for a short time after your GC was approved. A complete lack of employment after an employment-based GC approval can result in your GC being revoked.

 

[bornyogi]

@Jackolantern:I filed for a I-824 stating all the facts and got it approved. My son is 28. at the time of I-140 he was under 21. I only got my green card last year....

There wouldn't be an I-864 for a derivative employment-based case. Provide I-134 instead.

How old is your son ... isn't he about 30 by now? Have you done the CSPA calculation to ensure he still qualifies for follow-to-join? How long did your I-140 take to be approved?

Note that the scheduling of an interview at the consulate doesn't mean he is still eligible under the CSPA. They often accept the visa fees and schedule the interview and then deny individuals for aging out.

I hope you were employed at least for a short time after your GC was approved. A complete lack of employment after an employment-based GC approval can result in your GC being revoked.

 

[Jackolantern]

@Jackolantern:I filed for a I-824 stating all the facts and got it approved.

"It got approved"? What is "it"? His immigrant visa still isn't approved. They can approve everything else before the interview, and then deny the case at the interview because of aging out.

My son is 28. at the time of I-140 he was under 21. I only got my green card last year....

But when was the I-140 approved, and when did he apply for the immigrant visa? I-140 approval usually happens long before green card approval. I find it hard to believe that your I-140 was pending for over 7 years.

 

[bornyogi]

@Jackolantern: it is the application based on an approved petition, which said that the status has been changed to a LPR. If something is I-485/H1b visa is approved by Uscis...what the consulate does is verify the documentation to see everything fits in to the approval done in the US.

There is possibility they could raise questions...but how can they deny it?. This is the case for all other categories right ???? If they deny something they could be contradicting the authority in the US. ???

"It got approved"? What is "it"? His immigrant visa still isn't approved. They can approve everything else before the interview, and then deny the case at the interview because of aging out.



But when was the I-140 approved, and when did he apply for the immigrant visa? I-140 approval usually happens long before green card approval. I find it hard to believe that your I-140 was pending for over 7 years.

 

[Jackolantern]

USCIS would have checked for certain things like the I-140 approval and evidence of parental relationship, but they still leave the final CSPA determination to the consulate. So the fact that your son has an upcoming consular interview doesn't mean everything is OK under the CSPA. When he shows up they can still deny him for aging out, as they have done to others.

If you would give the following facts, we should be able to figure out if he is still eligible:


- the I-140 filing date
- the I-140 approval date
- his birth month and year
- when he applied for the immigrant visa (or when he hired an attorney to prepare the immigrant visa application, if he has an attorney handling it)
- your priority date and EB category

 

[bornyogi]

@jackolantern: Thanks for your response.Anyways I will take my chance with the consulate(per your response).

I had a consultation with an attorney who Said I would definitely need an I-864 and not I-134 because the primary beneficiary has already gotten the green card. This is for sure!!...

Can anyone still answer in my question- Can I ask my brother for additional support by filing I-864A and will this be ok.?