Petition approved, Civil documents missing?!

[Michael_88 6]

Hey Visa Journey!

I hope everyone had an amazing 4th of July!  My step father in Canada is in a strange predicament. His father who is a USC petitioned for him several years ago for his Green card and he has been approved and ready to schedule his interview etc. He wasn't ready to immigrate to the U.S for sometime and has had his case actively pending. Fast forward, his father is now terminally ill  and he would now like to finish the the rest of the immigration process. Is it possible myself a USC can act in as a joint sponsor? His father has no access to any of his civil documents etc. and is basically in hospice care at this time. What is usually done in cases like this? Certain documents on his father's end maybe needed but like I'd mentioned before he isn't well and has no access to them. What are his best options? We've contacted USCIS and still waiting for a response on how to proceed. If anyone could share any input it would be greatly appreciated 

 

Much thanks!!

[Timona 4,207]

Yes

[Boiler 45,486]

You can be a Joint Sponsor, his father will always be his sponsor.

[Michael_88 6]

2 hours ago, Boiler said:

You can be a Joint Sponsor, his father will always be his sponsor.

Okay that's  good to hear  but what I'm saying is at this point in the process could I take over in the case? I'm guessing USCIS has  already extracted what they needed from his dad in the intial filing process? Just wanted a bit further detail the next steps.

[Boiler 45,486]

Take over what? Not sure I understand what you are trying to do.

[Michael_88 6]

14 minutes ago, Boiler said:

Take over what? Not sure I understand what you are trying to do.

Sorry if I'm not being clear. What I'm asking is will USCIS  be needing any other civil documents from his father at this point in the process? They would be difficult to obtain because his father is terminally ill like I'd mentioned. When I say "takeover" I mean as in whatever financial backing he needs to complete his case I will step in.

Edited July 5, 2023 by Michael_88

[Boiler 45,486]

I do not know where they are in the process, do you have access to the paperwork

 

Did he submit the I 864?

[carmel34 3,626]

8 hours ago, Michael_88 said:

He wasn't ready to immigrate to the U.S for sometime and has had his case actively pending.

More information is needed to give you the best advice.  Is his case at NVC or USCIS?  Has the I-130 petition been approved?  Your post suggests that the petition was approved at some point and the case is waiting for an interview in Montreal.  What is the timeline?  Has the beneficiary contacted NVC via email to inquire?

Edited July 5, 2023 by carmel34

[manyfudge 291]

1) the petition dies with the petitioner.  So, regardless of whether the petitioner is able to sign documents, if the petitioner dies before your stepfather crosses the border, it’s over.

 

2) there is a “financial” co-sponsor as well as “humanitarian” substitute sponsor.  
 

His father has to fill out and and sign an i-864 (affidavit of support) as long as he is alive.  No substitute for that even if he does not qualify.  You can step in here and be the financial co-sponsor.  
 

If the father dies, then IF your stepfather  married your mother before you were 18, then he/you can petition for you to be sponsor.  Might be faster for you to file a new i-130.

https://www.uscis.gov/green-card/green-card-eligibility/humanitarian-reinstatement

 

3) not sure what civil docs you are talking about? Surely, your stepfather has copies of of his birth certificate, his father’s proof of citizenship and marriage certificate? 
 

4) how sure is your stepfather that he is not a U.S. citizen already? Was his father a US citizen when stepfather was born?

 

How old is your stepfather and were his parents married at his birth?

 

 

 

 

 

 

 

 

 

[Michael_88 6]

21 hours ago, Boiler said:

I do not know where they are in the process, do you have access to the paperwork

 

Did he submit the I 864?

As far I see the I-864 has not been submitted as yet. I've contacted my step dad and NVC to get more clarity because this whole situation is chaotic. His father was the main one in control of the case, so he himself is kind of in the dark with what else would be needed to complete the process at this time.

[Boiler 45,486]

I doubt NVC would talk to you

[Michael_88 6]

18 hours ago, carmel34 said:

More information is needed to give you the best advice.  Is his case at NVC or USCIS?  Has the I-130 petition been approved?  Your post suggests that the petition was approved at some point and the case is waiting for an interview in Montreal.  What is the timeline?  Has the beneficiary contacted NVC via email to inquire?

Hi, yes the I-130 petition has been approved for sometime now. It has already reached NVC. The beneficiary, my step dad has kept the case active by contacting  NVC annually as they instructed to keep it pending. Where we are stuck at is NVC may require certain documents from his father (petitioner) before proceeding with the interview process. Like I'd explained he is terminally ill so we are confused what to do if we can't access such proofs.

18 hours ago, carmel34 said:

More information is needed to give you the best advice.  Is his case at NVC or USCIS?  Has the I-130 petition been approved?  Your post suggests that the petition was approved at some point and the case is waiting for an interview in Montreal.  What is the timeline?  Has the beneficiary contacted NVC via email to inquire?

 

[Boiler 45,486]

All I can think of if there is someone who has legal control over his affairs, even then I am not sure if they could file an I 864 on his behalf.