Can I file an 130 without a 864 for my step son

[Sunrise74 0]

I'm a usc wife of a Turkish national, I am currently going throught the teacher credentialling program and should be pulling in a salary by next school year. My 14 yr old step son was living with us for the last two years, we did not include him in the initial visa petition except to list him on the I130 as a son/stepson that would be coming later. We were still waiting for full legal custody when we applied for my husband's visa. We have other children who are usc. The 1-864 is a problem since we are living off student loans right now and part time salary since I am a full time student. My step son has been staying with his grandmother, but she has gotten ill (we originally planned to wait a year to bring him so he could transfer from HS to HS and to give him time to get used to the idea of moving to the states, and so I could get hired and sponsor him myself).

Do I have to file financial sponsor form since he is a minor and we have full custody? it is an emergency as he is 14 and basically on his own now that my husband's mom is ill? help please, not sure how to file, but need to bring our son here soon.

[NArocks 13]

Hee is the criteria to expedite any case

USCIS Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

* Severe financial loss to company or individual

* Extreme emergent situation

* Humanitarian situation

* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States

* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)

* USCIS error

* Compelling interest of USCIS

If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.

However your best bet is to apply for the step child since you are the USC. File the I-130 now you will not need the I-864 until it reaches the NVC. Maybe by them you can try and find a co sponsor or be able to show enough by your self.

GOOD LUCK

[Chica Yeyé 41]

There is NO WAY around an affidavit of support. Either you file your I-864 or get a cosponsor.

[Sunrise74 0]

Hee is the criteria to expedite any case

USCIS Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

* Severe financial loss to company or individual

* Extreme emergent situation

* Humanitarian situation

* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States

* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)

* USCIS error

* Compelling interest of USCIS

If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.

However your best bet is to apply for the step child since you are the USC. File the I-130 now you will not need the I-864 until it reaches the NVC. Maybe by them you can try and find a co sponsor or be able to show enough by your self.

GOOD LUCK

Thanks for the helpful advice. I will go ahead and file the I-130. Sometimes it is hard to think straight when you are stressing over your child. I have learned through working on my husband's that filing all the right paperwork in the right order is so important. Anyway Thanks for taking the time to answer.