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Andrewgt6

Immigrant Visa Petition for my Mother, Please Help

By Andrewgt6 in Bringing Family Members of US Citizens to America

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Andrewgt6 Newbie

Andrewgt6   0

Posted
Filed: Timeline
Posted

So here's my story, My mother has been living in the United States for about 25 years now without the proper documentation. I am 21 and would like to petition and sponsor her to get her Visa.

Is this petition intended for this kind of situation where she has already been living here?

I have already filed the I-130 and received a letter saying I need to file an Affidavit of Support (I-864), I am a college student and don't have much assests and my income taxes are very low and I am not currently working, will they accept that? I'm not even sure why I have to prove that since she has been living here on her own and supporting herself very well.

apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted

As the petitioner, you need to prove that you can financially support your mother and that your mother will not become a public charge. This applies to all.

You can get a joint sponsor for her.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=720b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=720b0a5659083210VgnVCM100000082ca60aRCRD

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

MedRoni Community Regular

MedRoni   161

Posted
Filed: IR-1/CR-1 Visa Country: Algeria
 Timeline
Posted
  On 1/25/2013 at 12:55 AM, Andrewgt6 said:

So here's my story, My mother has been living in the United States for about 25 years now without the proper documentation. I am 21 and would like to petition and sponsor her to get her Visa.

Is this petition intended for this kind of situation where she has already been living here?

I have already filed the I-130 and received a letter saying I need to file an Affidavit of Support (I-864), I am a college student and don't have much assests and my income taxes are very low and I am not currently working, will they accept that? I'm not even sure why I have to prove that since she has been living here on her own and supporting herself very well.

Assuming you are a citizen, the I-130 is a correct form. The income is definitely a problem, however it is minor compared to the fact your mother has been here without proper documentation for 25 years - which I assume means illegally. I am not an expert in that area so I will not comment on bans, waivers and such but I imagine you just opened a can of worms that will be an issue to deal with one way or another.

Hopefully others with more expertise in that area can help you. I wish you the best!

ndu26 Proficient

ndu26   114

Posted
Filed: IR-1/CR-1 Visa Country: Nigeria
 Timeline
Posted

I agree with 2nd post. while sponsor is very important as you must show that she will not become a public charge( doesnt matter if she has been doing so for 25years, it was done illegally) but this can be overcome by getting a joint sponsor . The bigger issue here is her being out of status for so long. Dnt know hw you are going to deal with that. Did you file the I-130 urself? looks like u may be needing an attorney along the way.

GOD has been WONDERFUL!!!
CR-1 (for Husband):
09/15/2012: Got Married
09/26/2012: Mailed I-130 from Nigeria( delayed by customs)
USCIS stage ( 66 days)
10/12/2012: NOA 1
12/17/2012: NOA 2 (case was transferred to NYC office 11/27/12)
NVC stage ( 20 days)
01/08/2013: Case # and IIN assigned ( file arrived NVC mail room 12/20/12)
01/09/2013: AOS invoiced and paid, DS-3032 emailed and mailed.
01/16/2013: IV invoiced &paid. AOS & IV mailed in one package(arrived 01/18).
01/28/2013: Case complete!!!
04/19/2013: Interview; APPROVED!!!!!
05/13/2013: POE; JFK

N-400: (3 months and 12 days)
Filed N-400 : 2011-06-17
Interview: 2011-09-27
Oath Ceremony: 2011-09-30

IR-5 for Mom Entire process took 5 months exactly
USCIS (22days)
mailed I-130 : 2011-09-30
NOA 1: 2011-10-03 (text & email)
NOA 2: 2011-10-25 (text and email)
NVC: (19 days)
Case entered and # assigned: 2011-11-18
NVC Case COMPLETED: 2011-12-07 ( 43 days from NOA 2 and 65 days from NOA 1)
Interview Date(Lagos): 2012-01- 23 Mom was late for interview
New Interview date: 2012-02-29 : VISA APPROVED

Ryan H Grand Master

Ryan H   3,834

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from IR-1/CR-1 Process & Procedures to Bringing Family Members of US Citizens to America forum.

Our journey:

  Reveal hidden contents

 

av8or Explorer

av8or   34

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

how did she get here? just fyi, if she was never inspected at the border when she "moved" here, she can never adjust her status here..

LPR 2007

CITIZENSHIP 2012

N-400 filed based marriage to usc = april ??

biometrics = june 21

interview = august 2

oath taking = august 29

done..

Boiler Grand Master

Boiler   46,399

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

and if she entered legally can she prove it?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

MedRoni Community Regular

MedRoni   161

Posted
Filed: IR-1/CR-1 Visa Country: Algeria
 Timeline
Posted
  On 1/30/2013 at 4:24 AM, Andrewgt6 said:

She came here legally, but didn't leave when she was suppose to.

You still need a really good lawyer as she was out of status way too long. There will be issues with this coming up. Now that you filed this has brought attention to the fact she is here when she should not be.

Boiler Grand Master

Boiler   46,399

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
  On 1/30/2013 at 4:24 AM, Andrewgt6 said:

She came here legally, but didn't leave when she was suppose to.

Does she have evidence of her legal entry?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   46,399

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Then as long as you can find a co sponsor all is good.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted
  On 1/30/2013 at 4:28 AM, MedRoni said:

You still need a really good lawyer as she was out of status way too long. There will be issues with this coming up. Now that you filed this has brought attention to the fact she is here when she should not be.

Overstay is irrelevant for an immediate relative (parent, spouse, or minor child) of a US citizen.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

ndu26 Proficient

ndu26   114

Posted
Filed: IR-1/CR-1 Visa Country: Nigeria
 Timeline
Posted
  On 1/30/2013 at 7:48 AM, JimVaPhuong said:

Overstay is irrelevant for an immediate relative (parent, spouse, or minor child) of a US citizen.

:thumbs: yes i forgot that clause in the law. knew boiler was unto something with that question he kept repeating.

OP bear in mind though that it does not mean it will be smooth and easy...I pray it works out well for you.

GOD has been WONDERFUL!!!
CR-1 (for Husband):
09/15/2012: Got Married
09/26/2012: Mailed I-130 from Nigeria( delayed by customs)
USCIS stage ( 66 days)
10/12/2012: NOA 1
12/17/2012: NOA 2 (case was transferred to NYC office 11/27/12)
NVC stage ( 20 days)
01/08/2013: Case # and IIN assigned ( file arrived NVC mail room 12/20/12)
01/09/2013: AOS invoiced and paid, DS-3032 emailed and mailed.
01/16/2013: IV invoiced &paid. AOS & IV mailed in one package(arrived 01/18).
01/28/2013: Case complete!!!
04/19/2013: Interview; APPROVED!!!!!
05/13/2013: POE; JFK

N-400: (3 months and 12 days)
Filed N-400 : 2011-06-17
Interview: 2011-09-27
Oath Ceremony: 2011-09-30

IR-5 for Mom Entire process took 5 months exactly
USCIS (22days)
mailed I-130 : 2011-09-30
NOA 1: 2011-10-03 (text & email)
NOA 2: 2011-10-25 (text and email)
NVC: (19 days)
Case entered and # assigned: 2011-11-18
NVC Case COMPLETED: 2011-12-07 ( 43 days from NOA 2 and 65 days from NOA 1)
Interview Date(Lagos): 2012-01- 23 Mom was late for interview
New Interview date: 2012-02-29 : VISA APPROVED

 
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