Bringing mom but no full time job- please help

[love2win 1]

Hello,

I'm a US citizen trying to bring my mom. Im currently doing an unpaid internship therefore I do not have paystubes. However I worked half of 2012 and have 3 recent tax returns way above poverty line. I sent out the i130 two weeks ago to Chicago lockbox thinking that my last three tax returns will suffice.

Can I just provide those three past tax returns with w2s or it is risky? my wife works but she does not make enough.

If there is no other options, what should I put on the i864?

Please let me know if you have any other options.

I was thinking about getting someone else to provide the i864 but I cant think of anyone that could... I have an aunt that works and that makes above that but she is not a US citizen nor a permanent resident.

Thank you

Edited September 23, 2013 by love2win

[Harpa Timsah 13,258]

If you are not currently employed then you do not qualify to be a sponsor. You will need a co-sponsor, a job, or significant assets. Good luck.

[love2win 1]

that cosponsor has be american or PR right?

[love2win 1]

or does that person who is going to sponsor my mom have to family? can my bestfriends father do it? thanks

[Umka36 781]

It can be anyone who is a US citizen or PR. Depending on your mom's age, I would check around for medical insurance coverage now.

Edited September 23, 2013 by Umka36

[love2win 1]

Thank you very much for your input!!!!

1- what do you mean by medical coverage? Can you please elaborate?

2- another important questiion: what happens to my tow siblings that under 21 and not married? The i140 was for my mom but I included their names on the forms. Will they get to come with her? If so the person doing the i864 will have to be a sponsor for my mom and two siblings?

3- worst case scenario: what if I can get anyone to be a sponsor, it doesn't look promising. What should I do once they ask for the i864? Let it go down the drain? Can input it on hold until I find a full time job? Or do I lose the $420?

Thank you very much.

[NigeriaorBust 4,087]

Your siblings will not come with your mother. They need their own petitions which as siblings will take between 12 and 23 years. Your mother can petition them once she is a PR abd it will be shorter.

Your mother is not eligible for any means tested benefits , not will she ever qualify for social security or medicare because she won't contribute enough. If she has pre existing conditions they may require that you show proof of insurance for her to immigrate , Depending on her age/health that can run thousands of dollars a month.

[love2win 1]

Thank you all again!!!!

I called USCIS but they told me a different story about minor children... Those people at uscis sometimes gives the wrong information.

So if I understand well, my mom will be the only one to come to the US? Uscis said that she will be going to the embassy interview with her minor children and get visas together that's why we are doing this green card thingy because she doesn't really need it because she has a 5 years visa that she's been renewing for a while...

This is another problem again.

If you are definitely sure that she won't be interviewed with her children, how will that work out? First she will come, and petition for them right after she gets her green card? How long will that take? How will she sponsor them?

[Umka36 781]

Your mom falls under IR5, so she does not need to wait for a visa number to be available but it also does not allow derivatives.

Your siblings would have to wait about 7 years based on current visa bulletin if your mom petitions (F2B) for them after she gets her GC. If you did it (F4), it would be about 12 years. You can have different petitions filed for the same person if you want. Check the State Department Bulletin to get an idea on how long it is taking now.

http://travel.state.gov/visa/bulletin/bulletin_1360.html

A big part of the Consulate's job is to make sure whomever is petitioned will not become public charge, which is why I brought up age/medical insurance.

[love2win 1]

Thank you again. Y'all make sense, USCIS misinformed me.

My siblings would fall under F2A won't they? They are under 21 (16 and 19 years old) I looked at the cut off, it was around 2 years more or less, if I'm not mistaken. Is that right? My siblings are Jamaican so not from a oversubscribed country btw.

So if that is the case, my mom get in, right after she gets her GC, F2A for my minor siblings (which could take 3 years) then apply for a re-entry permit go back home, comeback twice a year?

1- is the above scenario correct?

2- how long will she wait when she comes to the us to get her GC?

3- if the above scenario is correct, once she become LPR, do we have to worry about finding sponsors for my siblings right away, or do I have time to find a descent job?

4- can my mother sponsor her children over 21? How long will take not being from oversubscribed country. It think it is worth the shot if its not like tones of years...

Thank you very much you guys are helping me a lot!!!!

[Umka36 781]

Thank you again. Y'all make sense, USCIS misinformed me.

My siblings would fall under F2A won't they? They are under 21 (16 and 19 years old) I looked at the cut off, it was around 2 years more or less, if I'm not mistaken. Is that right? My siblings are Jamaican so not from a oversubscribed country btw.

So if that is the case, my mom get in, right after she gets her GC, F2A for my minor siblings (which could take 3 years) then apply for a re-entry permit go back home, comeback twice a year? It'll probably take around a year for them to get here. Maybe someone else can comment on the re-entry permit route, since I am unfamiliar with how it works or if it can be used in your mom's scenario.

1- is the above scenario correct? F2A is current as of September 2013, and in October 2013 it's about one month behind based on the bulletin.

2- how long will she wait when she comes to the us to get her GC? She will get an I-551 stamp on her passport when she arrives (this serves as a temporary GC). I believe she/you will have to also pay an additional $165 to get the actual GC.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a2bb75e8109b310VgnVCM100000082ca60aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD

3- if the above scenario is correct, once she become LPR, do we have to worry about finding sponsors for my siblings right away, or do I have time to find a descent job? No, but they will need a sponsor before their interview.

4- can my mother sponsor her children over 21? How long will take not being from oversubscribed country. It think it is worth the shot if its not like tones of years...

As stated earlier, about 7 years but they must remain unmarried to qualify for the F2B visa.

Thank you very much you guys are helping me a lot!!!!

See my answers in red.

I would first focus on your mom's petition. Will she be working after getting here? Depending on her age and/or medical needs, will she need medical insurance? Who will pay all her living expenses while she is here? The consulate will check to make sure she is not a public charge. She also won't qualify for any mean tested benefit. I'm not trying to be a downer, but it cost a lot of money to bring someone to the US and it is unfair to the American people if they have to pick up the tab.

Edited September 24, 2013 by Umka36

[love2win 1]

Thank you all again for your feedback.

I think you are right, we need to focus on my Mother's petition first. To answer your questions:

My mother will not be completely residing in the US, we were doing this for the kids since USCIS told us that she will be definitely coming with them.

She will not be working and thank god she doesnt have any chronic health problems. I totally understand what you mean by not being on a public. burden but that is not going to be the case.

So now what do y'all suggest? I already sent the i130, I do not have fulltime job yet... my wife does work but she doesn't make enough.

1-I think we will have to find a sponsor, so will that person fill out the i864 when that comes around early 2014? and if I understand it can be anyone that is a USC or LPR and it doesnt need to be a family member? will that look bad?

2. Once we find a sponsor for my mom, once she comes to the US, she will petition F2A for my minor siblings which would take up to 2 years. during that time she will return home and travel back and forth so that her LPR wont be voided.

3- my sister is currently 19, there is chance that she will turn 21 by the time she gets an interview thru my mom. What happens then.

4- 7 years for the my siblings that are over 21. what happens during those 7 years times? we will pay $420 for each children and wait until the interview where we will find sponsors and pay the rest of the fees after 7 years?

Thank you again!!!!!!!!!

[love2win 1]

I just saw this does this mean that my mom can bring the younger two children??????? :

Can My Family Members also Receive Immigrant Visas?

Based on your approved petition, your spouse and minor unmarried children, younger than 21, may apply for immigrant visas with you. Like you, they must also fill out required application forms, obtain required civil documents, pay the required fees, and undergo medical examinations.

http://travel.state.gov/visa/immigrants/types/types_1306.html#2

[Umka36 781]

Thank you all again for your feedback.

I think you are right, we need to focus on my Mother's petition first. To answer your questions:

My mother will not be completely residing in the US, we were doing this for the kids since USCIS told us that she will be definitely coming with them.

She will not be working and thank god she doesnt have any chronic health problems. I totally understand what you mean by not being on a public. burden but that is not going to be the case.

Be aware that the point of being a LPR is that you plan to reside in the US.

So now what do y'all suggest? I already sent the i130, I do not have fulltime job yet... my wife does work but she doesn't make enough.

Hopefully you will get a full time job (that meets the poverty level) with a few months worth of paystub before your mom's interview, find a co-sponsor, or use assets.

1-I think we will have to find a sponsor, so will that person fill out the i864 when that comes around early 2014?

More than likely, it all depends when she gets her interview.

and if I understand it can be anyone that is a USC or LPR and it doesnt need to be a family member?

Yes

will that look bad?

Possible. You will always be the primary sponsor even if you get a co-sponsor. I cannot say with a definite yes/no if it will look bad.

2. Once we find a sponsor for my mom, once she comes to the US, she will petition F2A for my minor siblings which would take up to 2 years. during that time she will return home and travel back and forth so that her LPR wont be voided.

3- my sister is currently 19, there is chance that she will turn 21 by the time she gets an interview thru my mom. What happens then.

Have your mom petition your under 21 sibling ASAP when she gets here. She may be covered under CSPA.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1f0c0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=1f0c0a5659083210VgnVCM100000082ca60aRCRD

4- 7 years for the my siblings that are over 21. what happens during those 7 years times? we will pay $420 for each children and wait until the interview where we will find sponsors and pay the rest of the fees after 7 years?

You are paying for the petition, and it puts them in a queue waiting for a visa availability. Nothing happens until a visa is available for them, and you don't do anything until then (unless you want to periodically check the visa bulletin).

Thank you again!!!!!!!!!

[Umka36 781]

I just saw this does this mean that my mom can bring the younger two children??????? :

Can My Family Members also Receive Immigrant Visas?

Based on your approved petition, your spouse and minor unmarried children, younger than 21, may apply for immigrant visas with you. Like you, they must also fill out required application forms, obtain required civil documents, pay the required fees, and undergo medical examinations.

http://travel.state.gov/visa/immigrants/types/types_1306.html#2

This scenario would work if you were petitioning your wife and her/your kids, but you are petitioning your mom. Different situation.