How to upgrade F2A petiton for spouse and child while living abroad?

[NYKid 0]

Hello every

I am a USC currently abroad (been abroad since 6 months) with my family. I had filed petition for my spouse and daughter in february of 2018 while I was LPR. I became USC in October the same year. Within 10 days of becoming USC, I had to travel back to home country due to my father's health issues. I have been here since then.

 

So to make it short, I haven't upgraded my spouse's and daughter's petition on a faster route available for USC. Is there a way to do that while being abroad? Or Do I have to be in the US to upgrade the petition? Any other options?

 

Regards,
Sam

[geowrian 22,335]

You can do so fine while abroad. Just contact whoever has it (USCIS or NVC). They will request evidence of being a USC (i.e. a naturalization certificate or US passport).

 

That said, 2 questions:

1) Did you file an I-130 for both of them separately? As a USC petitioning an immediate relative, derivatives no longer apply so an I-130 is necessary for each beneficiary.

2) Is there a plan for the I-864s since you are living abroad now?

[NYKid 0]

On 2/27/2019 at 10:07 AM, geowrian said:

You can do so fine while abroad. Just contact whoever has it (USCIS or NVC). They will request evidence of being a USC (i.e. a naturalization certificate or US passport).

 

That said, 2 questions:

1) Did you file an I-130 for both of them separately? As a USC petitioning an immediate relative, derivatives no longer apply so an I-130 is necessary for each beneficiary.

2) Is there a plan for the I-864s since you are living abroad now?

Thanks for  your response @geowrian

 

Would I have to call them to find out (USCIS or NVC)? I guess they dont respond to emails right?

1. Filed separate I-130's for the same reason you mentioned.

2. I did have enough income level that could be used for I-864 to cover through 2019 (until 2020 tax filing season). If the petition is complete until march/april of 2020,  would I still need someone to cover I-864?

 

Regards,
Sam

[geowrian 22,335]

2 hours ago, NYKid said:

Would I have to call them to find out (USCIS or NVC)? I guess they dont respond to emails right?

NVC does have an email address, but calling is fine. To submit the evidence, you may have to physically mail it unless their processes have been updated recently.

If you you haven't received an approval on the I-130s, then USCIS has it still. They can be reached via phone.

If the petitions have been approved, then the petitions should be at NVC.

 

2 hours ago, NYKid said:

1. Filed separate I-130's for the same reason you mentioned.

Awesome. Just wanted to make sure you were covered, and you are.

 

2 hours ago, NYKid said:

2. I did have enough income level that could be used for I-864 to cover through 2019 (until 2020 tax filing season). If the petition is complete until march/april of 2020,  would I still need someone to cover I-864?

The I-864 - and subsequent public charge concern - is based around current income.

If self-employed, then current income is evidenced by your most recent tax return (assuming you still engage in that self-employment).

 

If you are an employee (i.e. you get a W-2), then current income would be evidenced by your pay stubs and/or employment letter. Unless you are still doing that work while abroad and it will continue from the same source upon return to the US, your current income would be $0.

If so, you would need to either return to the US and resume earning income before qualifying as the I-864 sponsor, utilize assets in lieu of income, or utilize a joint sponsor.

Basically, for an employee, tax returns show past income. For example, if somebody worked from January through November then is laid off, then their current income is $0 (not the claimed income for that tax year).