I 485 Interview Done but

[immoo2001 4]

Dear All, Let me share the back ground of the case;

My mom was applied for Adjustment of Status (I 485) as Widow of US Citizen (I 360), both petitions has been filed three years back as Self Petitioner.

Last week my mom appeared for Interview for Adjustment of Status, however, I 360 has already been approved!

During the interview, officer ask lot of questions and successful answered!

Officer also ask for following documents;

1 - Police Certificate, due to age my mom finger print is not capture as per standard, so that's why they use Police Certificate as alternate.

2 - Medical, since initial petition has been file three year ago, so medical were expire and new medical need to file.

3 - Affidavit of Support, why this required, my mom is self petitioner and based on I 360, Affidavit of Support is exempted.

 

My question is, how we can obtain Police certificate? and regarding Affidavit of Support, what should we do, as per Law Self Petitioner is not required to submit and petition I 360 exempt form Affidavit of Sup[port!

Please help,,,Regards, Muhammad

[JeanneAdil 6,288]

Affidavit of Support and Public Charge Considerations^[21] 

The death of the qualifying relative does not relieve the applicant of the need to have a valid and enforceable Affidavit of Support (Form I-864), if required.^[22] The Affidavit of Support establishes that the sponsored applicant is not likely to become a public charge and therefore is not inadmissible on such ground.^[23] 

 

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-9

Under USCIS section 1. Admissibility and Waivers

[immoo2001 4]

Thank you for your reply!

 

But in my mom case, my father never filed petition for my mom, as my father was US Citizen, and my mom had B2 and she is in US, so, there is law, that, with in the death of two years, (deceased ) US Citizen's spouse can file I 485 (AOS) with I 360 (widow of US Citizen), and based on I 360, Affidavit of Support is exempted!

 

=========================================

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support

When NOT to Submit an Affidavit of Support

The following types of people do not need to file an affidavit of support:

• An individual who has earned or can be credited with 40 qualifying quarters (credits) of work in the United States
• An individual who has an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant as a self-petitioning widow or widower
• An individual who has an approved Form I-360 as a battered spouse or child
• Orphans adopted by U.S. citizens abroad if a full and formal adoption takes place before the orphan acquires permanent residence and both adoptive parents have seen the child before or during the adoption

==========================================

[igoyougoduke 1,617]

54 minutes ago, immoo2001 said:

Thank you for your reply!

 

But in my mom case, my father never filed petition for my mom, as my father was US Citizen, and my mom had B2 and she is in US, so, there is law, that, with in the death of two years, (deceased ) US Citizen's spouse can file I 485 (AOS) with I 360 (widow of US Citizen), and based on I 360, Affidavit of Support is exempted!

 

=========================================

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support

When NOT to Submit an Affidavit of Support

The following types of people do not need to file an affidavit of support:

• An individual who has earned or can be credited with 40 qualifying quarters (credits) of work in the United States
• An individual who has an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant as a self-petitioning widow or widower
• An individual who has an approved Form I-360 as a battered spouse or child
• Orphans adopted by U.S. citizens abroad if a full and formal adoption takes place before the orphan acquires permanent residence and both adoptive parents have seen the child before or during the adoption

==========================================

Affidavit of Support and Public Charge are different. They are asking about Public Charge information not affidavit of support 

[immoo2001 4]

Thank you,

 

But Where they asking for Public Charge Information, refer my original question at the top, Please send me details, Thanks

[Ontarkie 13,979]

~~Moved to AOS form Work, Student and Tourist Visas, from AOS Family K1/K2~~