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Expedite F2B processing/visa

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Sir/Madam,

I and my brother are waiting for F2B visa. Priority date is NOV 25 2011. 

 

The petitioner My Father, he is unfortunately diagnosed with Brain Cancer Glioblastoma Multiforme (GBM). Stage -4. it is the worst form of Brain Cancer with very poor prognosis. ~(1 year to 14 months). He was rushed to hospital on 1 JUNE. He had severe weakness on his right side and was having trouble making words. Dr found swelling and bleeding on the right side  of his brain. Dr. told us it is probably a tumor and must be removed through surgery ASAP. He underwent the surgery. Dr told us he was not able to completely remove the tumor cause it is situated in very sensitive part of his brain. So it was a partial removal. My father was then shifted to a physical rehab facility. We only got the pathology report last month. We were hoping to call him to India to us. but he had worsening of symptoms. Dr.s told us to start the treatment ASAP, as any delay could be fatal. so he had to undergo radiotherapy, the last dose was given yesterday. Dr. told us that they will wait for few weeks and they will do MRI scan on 28 of this Month and start chemotherapy first week of September. chemotherapy will take few courses lasting few months.

 

can anyone guide me whether we could qualify for Expedite F2B processing/visa. Given our situation.

 

Thank you for taking time and reading this message.

I really appreciate any help

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Sorry about your dad.

 

Unfortunately, there is no way to expedite your case.  Your PD is likely to be current in the October 2018.  Hopefully, you have completed your case at the NVC and you are waiting for the interview letter.   

 

With immigrant intent, you will not qualify for a visitor visa.

 

You understand that the F2b case is for family reunification.  Your father must physically be in the US in order for you to use your immigrant visa, so going home to you is a bad idea.   With him in India, it's invalid for you to use the visa.

 

You must get your immigrant visa and come to the US while your father is alive.  If he dies before you use the visa, it automatically becomes invalid.

 

I advise you to get all your paperwork prepared for your immigrant visa interview.  Make sure you get everything right so you do not get any delays.

 

This is insensitive, but your family must make sure that your father stays alive until you use your immigrant visa.  Your father would want you to be able to use the immigrant visa. 

I would not inform the US Embassy that my I-130 petitioner is severely ill as it may change my circumstances and make me a likely public charge.  Trump and Stephen Miller are trying to expand the definition of being a likely public charge to deny green cards to people.

 

Best of luck.

Edited by Jojo92122

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6 hours ago, Jojo92122 said:

Sorry about your dad.

 

Unfortunately, there is no way to expedite your case.  Your PD is likely to be current in the October 2018.  Hopefully, you have completed your case at the NVC and you are waiting for the interview letter.   

 

With immigrant intent, you will not qualify for a visitor visa.

 

You understand that the F2b case is for family reunification.  Your father must physically be in the US in order for you to use your immigrant visa, so going home to you is a bad idea.   With him in India, it's invalid for you to use the visa.

 

You must get your immigrant visa and come to the US while your father is alive.  If he dies before you use the visa, it automatically becomes invalid.

 

I advise you to get all your paperwork prepared for your immigrant visa interview.  Make sure you get everything right so you do not get any delays.

 

This is insensitive, but your family must make sure that your father stays alive until you use your immigrant visa.  Your father would want you to be able to use the immigrant visa. 

I would not inform the US Embassy that my I-130 petitioner is severely ill as it may change my circumstances and make me a likely public charge.  Trump and Stephen Miller are trying to expand the definition of being a likely public charge to deny green cards to people.

 

Best of luck.

Thanks for your reply

I am still waiting for welcome letter from NVC. I have called NVC a few times, they say you should get WL soon.

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I think you should prepare for the worst case scenario by finding a Substitute Sponsor.

So as soon as the petitioner died you can find a lawyer to help you file a petition for Substitute Sponsor as the guidance below from USCIS.

The process for Substitute Sponsor is very long and very hard. USCIS often denies this situation so you will need a good lawyer who can ask USCIS to appove this.

 

Substitute Sponsor

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.

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7 minutes ago, Triple28 said:

I think you should prepare for the worst case scenario by finding a Substitute Sponsor.

So as soon as the petitioner died you can find a lawyer to help you file a petition for Substitute Sponsor as the guidance below from USCIS.

The process for Substitute Sponsor is very long and very hard. USCIS often denies this situation so you will need a good lawyer who can ask USCIS to appove this.

 

Substitute Sponsor

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.

I completely disagree. 

 

The OP should focus on getting everything together for his interview so he does not face any delays.  Time is of the essence.  OP's PD is going to be current at the beginning of October - less than 2 months away.

Why waste time on a Substitute Sponsor when the task at hand is more important?  Furthermore a SS may not be needed. 

Focus on the task at hand and make sure it is done right well before going to the interview.  Get it done as quickly as possible.  

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I’m sorry to hear about your father’s illness.

 

I’m not clear on something: is the reason for wanting the expedite to be with the father at this tough time, or to get the petition completed?

 

I’m not sure withholding obviously key information about the petitioner is a valid thing to do at the interview, by the way.  I’d think getting a joint sponsor would be a better avenue than a course of action which might result in a decision of an erroneously granted green card at some future stage.

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1 hour ago, SusieQQQ said:

I’m sorry to hear about your father’s illness.

 

I’m not clear on something: is the reason for wanting the expedite to be with the father at this tough time, or to get the petition completed?

 

I’m not sure withholding obviously key information about the petitioner is a valid thing to do at the interview, by the way.  I’d think getting a joint sponsor would be a better avenue than a course of action which might result in a decision of an erroneously granted green card at some future stage.

There is no requirement to disclose the status of the petitioner's health.  Don't get the OP riled up about something that is not an issue.  

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1 minute ago, Jojo92122 said:

There is no requirement to disclose the status of the petitioner's health.  Don't get the OP riled up about something that is not an issue.  

It’s not the health I was thinking of but the validity of the I864. I’ve seen other posts here about needing to say if petitioner had lost their job, etc, how is this different?

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3 minutes ago, SusieQQQ said:

It’s not the health I was thinking of but the validity of the I864. I’ve seen other posts here about needing to say if petitioner had lost their job, etc, how is this different?

Please show me anywhere where the health of the I-864 sponsor is relevant?  Where do they ask about health on the I-864?  I know the I-864 asks about jobs, but nothing on health.  Jobs are relevant for the I-864.  Health is not.  That is how they are different - one is relevant while the other is not even asked about on the I-864.  

Edited by Jojo92122

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Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview?

 

No,  consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. Consular officers will verify to the extent possible that applicants have adequate financial support to prevent them becoming a public charge in the United States. Public charge means that someone is primarily dependent on the U.S. government for subsistence.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/establish-financial-support/i-864-affidavit-faqs.html

 

 

 

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6 minutes ago, SusieQQQ said:

Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview?

 

No,  consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. Consular officers will verify to the extent possible that applicants have adequate financial support to prevent them becoming a public charge in the United States. Public charge means that someone is primarily dependent on the U.S. government for subsistence.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/establish-financial-support/i-864-affidavit-faqs.html

 

 

 

Where does it say they have to volunteer the information?

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2 minutes ago, Jojo92122 said:

Where does it say they have to volunteer the information?

Lol now you’re moving the goalposts/changing the question. You wanted to see where it was relevant, I showed you, and I showed you an official link saying it’s relevant.

If the CO asks a question then they have to answer truthfully, yes? Something as innocuous as “what does your father do”? 

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23 hours ago, SusieQQQ said:

I’m sorry to hear about your father’s illness.

 

I’m not clear on something: is the reason for wanting the expedite to be with the father at this tough time, or to get the petition completed?

 

I’m not sure withholding obviously key information about the petitioner is a valid thing to do at the interview, by the way.  I’d think getting a joint sponsor would be a better avenue than a course of action which might result in a decision of an erroneously granted green card at some future stage.

As i mentioned that earlier we were hoping to call my father to India and pursue treatment here, the reason we started the treatment in US was cause of his worsening symptoms when he was in rehab following surgery. they did the mri scan cause he had more weakness on his right side, his mental state was very unstable he was extremely depressed. So the reason to expedite is to be with my father during this tough time.

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