SusieQQQ

To be fair, I believe that (now vs later options) are described in the instructions for that section. It has to be immigrating later for follow to join.

This. I would also suggest so that it is on record, notifying NVC of the withdrawal as well. As per Mike’s post above it can (and must here) be done, but it must be done in writing. The safest course of action is probably to communicate with both the NVC and the appropriate U.S. consulate. The request to withdraw a Form I-864 must be made in writing. When communicating the NVC you must include the visa application case number, as assigned by the NVC. This number can be found on the invoices issued by the NVC. (There will be one for the DS-260 and another for the Form I-864 – the invoice IDs will be different, but case number the same). The withdrawal letter should list the applicant’s full name and date of birth, along with the NVC case number. The withdrawal letter should also be sent to the appropriate U.S. consulate. This can be somewhat trickier. Each consulate has an “immigrant visa” unit that processes permanent (i.e., “immigrant”) visa applications. But each consulate has different practices for how the immigrant visa unit communicates with applicants. The written request to withdraw the Form I-864 should be sent in hard copy to the appropriate consulate – contact information can be found here. The letter should contain all the information included in the NVC letter. The letter should be sent with delivery confirmation. For guidelines on submitting immigrant visa-related documents to consulates, see the drop-down list on this Department of State page. https://www.soundimmigration.com/withdraw-form-864-affidavit-support/

There was one of the state of Massachusetts. Don’t know about the federal government. Woman’s loser stepson refusing to work and claiming benefits and state claiming them back from her, and she was stuck indefinitely because he was refusing to naturalize.

It seemed clear to me OP was saying brother can only do AOS for one immigrant now which is why only he is going to start with. There is already an i864 submitted as per NVC snapshot.

That said, according to the NVC website all you need to do to change to follow to join is what you appear to have done seeing as the beneficiaries are listed as FTJ. That leaves me out of ideas, sorry.

It takes time for someone to get round to actually looking at them.

Possibly it is. I believe the instructions say (I don’t have time to check right now) that yes to that means within 6 months. It’s some defined time, anyway. Otherwise it should be immigrating later, which is follow to join.

There have been a few posters on VJ who have been held liable under i864.

I have heard of exactly one ever case where CBP has refused someone entry on an immigrant visa, and that was someone with a felony criminal record trying to cross by land from Canada (CBP were subsequently instructed to let them enter by embassy after being assured the criminal history had been dealt with in the visa process). So would love to see any actual example of CBP doing this on public charge grounds. Tell me, when you entered with your immigrant packet, did CBP do anything other than a cursory look at your documents to check everything was there? Glad we all agree it is better not to wait till after the visa is issued.

Are your wife and daughter actually listed as follow to join in your DS260?

So all in all it is much SAFER to get the revocation in before the interview, where there is no doubt and no risk of someone not being fast enough at the consulate. After all someone can get their visa and go directly to the airport if they want. How would they know? More importantly, I don’t believe CBP has the authority to make its own determination on public charge. The consulate needs to have withdrawn the visa. If they had time to. If FIL knows there’s a risk of that happening he’ll probably fly asap after getting his visa. Such a risky route for OP to take any chance by delaying withdrawing it.

Seems circular if the i864 is required for the visa to be approved. If he withdraws it after she gets the visa but before she lands then how is that rational, seems like a great big loophole people could use to get relatives visas then get out of being responsible for anything.

Well, they need the passport to put a visa in it. I don’t understand why you think your wife needs to do everything before your daughter. Usually the principal and derivative beneficiaries do medical, biometrics etc together.

Nvm, deleted becasue too annoyed at posters who keep posting the same question. Especially when it lands in your inbox too.

Haven’t you asked this before? At least once if not more? Maybe under a different name but identical question.

Don’t wait, the interview is less than two months away. You need to get the process started, not sire why you already waited till she was 2 months old? Contact them and tell them you need to add the child, the birth certificate is enough for that. The others things are needed for the interview. No idea how quickly your embassy responds to requests.

The petitions are basically interchangeable. They can file F2B (not F2A, that’s for under 21) and if they become citizens before it’s finalized, they can choose at that point whether they want to “upgrade” to F1 fully or retain the F2B priority date. Currently F2B is more beneficial with respect to priority date, and has been for some time.

Contact the embassy to add the child to the case, and then you can fill in a ds260 for the child, once they have done so. Make sure you have long form birth certificate , passport, medical.

Is it when the immigrant lands, or when the visa is approved? I’d get it withdrawn asap before the interview.

Yes, don’t worry about whether or not she gets into trouble. Worry about getting your i864a out the system asap.

Doesn’t sound like the son is likely to get married given the description in the first post. F3 is for married children of USCs.

Obviously. F3 is not a relevant visa anyway by the sounds of things. But the point was it’s still not quick. But if it is indeed true as stated in the original post that the only person who can care for him is the OP, and they don’t have 7-9 years to wait, then the only way to make that work is for OP to return home.

This is totally irrelevant to when your kid can get a visa. As already mentioned.

Issue for OP is that if the brother requires full time care public charge might be an issue. This is not true, however he will presumably have to travel with a relative so you’ll need both of them to get visas? Not sure how it works in terms of how they would assess overstay probability for someone with special needs. Would definitely make it worse from that perspective if you are claim you are the only relative he could live with of course.

Parents don’t have to be citizens to apply for their son as long as he is single, they can apply with green cards. But if he is over 21, that’s around a 7 year wait so probably not useful. Even if he’s under 21 it’s a couple of years.