I130 filed by my mother's brother

[kokobearus 4]

Hi! Here is my case. Hope somebody can help me. I am a USC and recently filed I130 for my mother. 2 weeks ago, my mother's brother who is a USC too and filed for I130 for her way back and a visa number is available to her already. My question is, can I submit an affidavit of support for her instead of my uncle? I want to use his petition cause I have a sister who can come with my mother if she will use my uncle's petition. My uncle and I are not really in good terms but he is nice enough to ask if we would want to use this petition for my mother. So, can I do all the NVC styff, like AOS,ds3032 instead of him? Thank you!

[aleful 1,905]

No, since your uncle is the petitioner, he must file the affidavit of support for them. If his taxes aren't enough, you can be the joint sponsor. He is the petitioner, so he must file everything. He is the one who will be resposible for your mom and your sister if she is under 21. He cannot transfer the petition to anybody. That's not the way immigration works.

Your petition is a separate one. If she comes through your petition and not your uncle's, then your sister won't be able to come, you would need to file a seperate 130 and the petition would take more than 10 years.

Hi! Here is my case. Hope somebody can help me. I am a USC and recently filed I130 for my mother. 2 weeks ago, my mother's brother who is a USC too and filed for I130 for her way back and a visa number is available to her already. My question is, can I submit an affidavit of support for her instead of my uncle? I want to use his petition cause I have a sister who can come with my mother if she will use my uncle's petition. My uncle and I are not really in good terms but he is nice enough to ask if we would want to use this petition for my mother. So, can I do all the NVC styff, like AOS,ds3032 instead of him? Thank you!

[Zen Den 18]

Hi! Here is my case. Hope somebody can help me. I am a USC and recently filed I130 for my mother. 2 weeks ago, my mother's brother who is a USC too and filed for I130 for her way back and a visa number is available to her already. My question is, can I submit an affidavit of support for her instead of my uncle? I want to use his petition cause I have a sister who can come with my mother if she will use my uncle's petition. My uncle and I are not really in good terms but he is nice enough to ask if we would want to use this petition for my mother. So, can I do all the NVC styff, like AOS,ds3032 instead of him? Thank you!

submitting an affidavit of support for her is not practical because

there is a visa already available for your mother. so just focus and help so that she's able to do the visa application process.

it's also not possible for him to petition your sister because no one can peition for nieces/nephews directly.

you have to wait for your mother to come here and her status enables her to petition for you sister, which is faster than if you petition for her yourself (sibling petition take relatively longer cause they're down the line of priority in category)

[aleful 1,905]

submitting an affidavit of support for her is not practical because

there is a visa already available for your mother. so just focus and help so that she's able to do the visa application process.

it's also not possible for him to petition your sister because no one can peition for nieces/nephews directly.

you have to wait for your mother to come here and her status enables her to petition for you sister, which is faster than if you petition for her yourself (sibling petition take relatively longer cause they're down the line of priority in category)

if his sister is under 21, she would be a derivative of her mom's petition. siblings can petition married siblings and their spouses and minor children under 21 since they are derivatives, are included in the petition.

[kokobearus 4]

Thank you for all the replies. We will just wait for my petition to get approved. It's more complicated if we will use my uncle's. Yes, my sister can definitely come with my mom cause she is a minor.anyway,Thank you!

[aleful 1,905]

Thank you for all the replies. We will just wait for my petition to get approved. It's more complicated if we will use my uncle's. Yes, my sister can definitely come with my mom cause she is a minor.anyway,Thank you!

KO,

not if you file for her. If you go with you uncle's petition, yes she can come. If you file for your mom, she won't and she will be left behind. Think of that, then your mother can file for her. From what country are they? So will your mom leave her?