AOS of a Person with disability

[Terenz Andrei 1]

Hello,

I had a 17 year old son who happened to be a Person with disability. My wife is an American Citizen. Our petition has already been approved and already filed for our visa application. However my wife is not responding for the Affidavit of Support. My son is qualified for an Automatic Citizen upon arrival. Is there anything i can do to bring my son in the United States considering he is a minor. My wife can no longer work due to her disability of sight ( partially blind )What im asking only is to give us the Affidavit of support.....Is there anything else i can do? What should i do?

 

 

 

 

[Boiler 45,993]

If she is not working how would she meet the requirements of the the I 864?

 

But to answer your question if she does not want to sponsor that is her call.

[nastra30 2,353]

7 minutes ago, Terenz Andrei said:

Hello,

I had a 17 year old son who happened to be a Person with disability. My wife is an American Citizen. Our petition has already been approved and already filed for our visa application. However my wife is not responding for the Affidavit of Support. My son is qualified for an Automatic Citizen upon arrival. Is there anything i can do to bring my son in the United States considering he is a minor. My wife can no longer work due to her disability of sight ( partially blind )What im asking only is to give us the Affidavit of support.....Is there anything else i can do? What should i do?

 

 

 

 

To clarify.

Is your son the biological son of your wife? If not, are you a USC?

 

If your wife is the petitioner for your son then she's the de-facto primary sponsor of affidavit of support. If she does not want to sponsor then it's her right.

 

 

 

 

 

[milimelo 4,546]

Are you working? You can be the joint sponsor if your wife's income doesn't qualify. 

[OldUser 7,400]

1 hour ago, milimelo said:

Are you working? You can be the joint sponsor if your wife's income doesn't qualify. 

I'd think OP would be a co-sponsor, not joint sponsor, if he and his wife file taxes together.

[appleblossom 3,030]

As said above, more info is needed - specifically whether this is your wife’s son as well. 

 

But do consider medical issues as well. I’m not sure if your son has any ongoing healthcare needs, but if so it’s not the place to move to without seriously good insurance. Assuming your wife is happy to continue with the sponsorship (if not, there will be no visa), then she should make sure your son can be added as a dependent on her health insurance before you move.

[Terenz Andrei 1]

My son terenz is a biological son and we had already gone through the processes. The petition is already approved and we had already fill in the the visa application. What is only lacking is my wife's affidavit of support regardless it will not pass because the joint sponsor is only waiting. Based on the child protection policy of 2000, any children of a US citizen who are below 18 is qualified for an automatic citizenship upon arrival. My only problem is that my wife has continue to ignore my calls and chats considering we had a special child which she promised we will seek medical attention and he's been with me for 17 years and away from her mom for almost ten years. I am a teacher by profession and i can work so i could support them. Whats the best way to do because money can still be replaced but the opportunity to seek medical attention for my son and his right as embedded in US constitution. Please help what to do. Thank you very much for the responses.....may God bless you all....

[Boiler 45,993]

You have to talk to your wife

[OldUser 7,400]

7 minutes ago, Terenz Andrei said:

My son terenz is a biological son and we had already gone through the processes. The petition is already approved and we had already fill in the the visa application. What is only lacking is my wife's affidavit of support regardless it will not pass because the joint sponsor is only waiting. Based on the child protection policy of 2000, any children of a US citizen who are below 18 is qualified for an automatic citizenship upon arrival. My only problem is that my wife has continue to ignore my calls and chats considering we had a special child which she promised we will seek medical attention and he's been with me for 17 years and away from her mom for almost ten years. I am a teacher by profession and i can work so i could support them. Whats the best way to do because money can still be replaced but the opportunity to seek medical attention for my son and his right as embedded in US constitution. Please help what to do. Thank you very much for the responses.....may God bless you all....

Wife has the key to the kingdom. If she doesn't want to participate, nothing happens, sadly.

[milimelo 4,546]

Sounds like both you and your son (if she's his biological mom why couldn't she do CRBA?) are waiting for AOS to then do immigrant visa interviews? Where are you located that you've lost contact with your USC wife? 

[Boiler 45,993]

It is the usual VJ guessing game, my guess is that the mother moved to the US circa 10 years ago, subsequently petitioned for husband and child and here we are.

 

just my guess.

[nastra30 2,353]

2 hours ago, Terenz Andrei said:

My son terenz is a biological son and we had already gone through the processes. The petition is already approved and we had already fill in the the visa application. What is only lacking is my wife's affidavit of support regardless it will not pass because the joint sponsor is only waiting. Based on the child protection policy of 2000, any children of a US citizen who are below 18 is qualified for an automatic citizenship upon arrival. My only problem is that my wife has continue to ignore my calls and chats considering we had a special child which she promised we will seek medical attention and he's been with me for 17 years and away from her mom for almost ten years. I am a teacher by profession and i can work so i could support them. Whats the best way to do because money can still be replaced but the opportunity to seek medical attention for my son and his right as embedded in US constitution. Please help what to do. Thank you very much for the responses.....may God bless you all....

Op, based on what you've said. Your son is potentially exempted from I-864 since he'll become a citizen upon landing but he's 17 so that's close. In any case, you just need to file exemption using I864W exemption for your son. Also, you need nag the embassy to expedite interview so your son doesn't age out of automatic citizenship. When will son turn 18?

 

Also, it's possible son is probably already citizen which will make CRBA appropriate. Please provide more details.