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Posted

Hello, 

 

I am asking for your help. I am a european citizen. I just lost my dad who was a us citizen and my sponsor under f1, child not married over 21. 

 

I received my nvc letter almost one year ago, but did not process because wanted to organize things .

 

Can my mom sponsor me as she has the same revenues as my dad? 

 

I wrote the nvc but they did not reply yet. I read somewhere my petition could be waived and some other thread said my mom could subsitute. 

 

Please help in this difficult time. 

Posted
Quote

 

If the visa petitioner has died after approval of the visa petition but U.S. Citizenship and Immigration Services (USCIS) decides to let the petition continue, a substitute sponsor must file a Form I-864 in place of the deceased visa petitioner. In order to be a “substitute sponsor,” you must be related to the intending immigrant in one of the following ways:

  • Spouse
  • Parent
  • Mother-in-law
  • Father-in-law
  • Sibling
  • Child (if at least 18 years of age)
  • Son
  • Daughter
  • Son-in-law
  • Daughter-in-law
  • Sister-in-law
  • Brother-in-law
  • Grandparent
  • Grandchild
  • Legal guardian of the beneficiary

You must also:

  • Be U.S. citizen or national or a permanent resident
  • Be at least 18 years of age
  • Be domiciled (live) in the United States
  • Meet all of the financial requirements of a sponsor pursuant to INA 213A

The substitute sponsor assumes all of the obligations of an I-864 sponsor.

Source: https://www.uscis.gov/greencard/affidavit-support


 

Above is the info from USCIS regarding to a death of petitioner. I suggest that you should find a lawyer who can help to submit a petition for you.

Because the process is very long and many cases have been denied, very few people has success.

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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