Lari

Yes I know you just trying to help your friend but you are telling the government you are responsible for their care and for 10 years.

Here is what it has in the Act about it...

19. If the applicant(s) suffer from poor health or serious physical

impairment, are likely to need medical treatment, or are otherwise not

likely to be able to support themselves, closer scrutiny of the sponsor's

ability to provide the requisite level of support may be necessary. For

example, a sponsor who is able to demonstrate an income that barely meets

the minimum requirement, should have to demonstrate clearly that he/she has

the resources to cover an applicant requiring extensive or long-term

medical expenses. In such cases, a joint sponsor with substantial

resources would have to provide an Affidavit of Support. (Note: Medical

considerations should only be for conditions that exist at the time of the

interview. A healthy elderly applicant, for example, should not be denied a

visa simply because s/he might require medical care at some point in the

future.)

Other point you must watch out is the new health care bill coming out. Will that force you to cover them with health insurance ?

Like aaron2020 said. You do need to consider the worst case scenario and how that would affect you and your family.

Once again thanks!! You brought out a very good point that I never paid attention to like the new bill. Wow!! I think now I have some serious discussion about these matters to do with my freind before comitting myself. I got 1000 stress in life and dont want to buy more and that too unnecessary!

Yes, also My husband might consider sponsoring his mom in year or so... So I better be careful.

Thank u all!!!!

Thanks aaron for the information... specially I was not clear with all those medical terms Very helpful info indeed!!!

Thank you John for your reply.

How about medical? Can they get that?

Plus, I am just helping my freind and not a fruad. They will not apply for any welfare etc... as their son can take care of that easily... only concern is their health care.

Will they get any kind of medical assistance for regular care or if an emegency arise? Can the apply or qualify for Medical?

Hi Dear All:

My freind's income is very low. So he asked me and I agreed and promised to sponsor his old parents of 70+. This much I am sure that he will provide housing, food and other care to them and that they will not become a burden on me. They are old and they will never work or can never become US Citizens for obvious reasons! So, the question of my support obligations toward them ever termintaing is OUT and clear! I know I will be responsible as long as they live in USA.

The only fear I have is what happens if they need medical care and emergency care and with the doctors and hospital bills????? They are old and they can get sick sooner or later... so as a sponsor, would I be asked to pay those medical bills? This is the only thing that make me think twice before signing to be the sponsor. Can they ever get any medical assitance from the govt.?

Any advice is much appreciated!!!

Lari

Not so sure about retirement issues, but for the original question regarding the sponsor's obligation on the affidavit of support, the answer depends on marital status and work status.

If the alien is single and working constantly, or is married with only one spouse working (whether the alien or the other spouse) then 40 quarters equals 10 years.

If the alien is married and both spouses are working constantly, 40 quarters equals 5 years.

If the alien is not employed and is either unmarried or married to someone who is unemployed, then that alien is not earning quarters of credit for social security at all, so that individual will NEVER earn 40 quarters at that pace. That's also true if the alien is working "under the table".

From a point of view of the affidavit of support, if the alien remains employed, chances are good that the sponsor won't have to fork over any money for the affidavit of support anyway. So the case where the alien remains employed isn't such a concern. The problem arises if the sponsor starts to have to provide support for the alien because the alien can't sustain himself/herself substantially above the poverty line. The sponsor may want to know "when will this drain on my finances stop?" The answer could well be, "Not until the alien gets a job, leaves the US permanently, dies, or becomes a citizen."

The nightmare scenario is that the alien becomes disabled or just decides to become a deadbeat. The obligations under the affidavit of support could continue indefinitely. Note that none of the terminating conditions of the affidavit of support are under the sponsor's control (assuming we rule out murder and suicide). And, other than death of the alien or death of the sponsor, none of the terminating conditions is guaranteed to happen at all.

The 40 quarters provision does NOT give the affidavit of support a fixed expiration date.

Dear Lucyrich: Your explanation is what my understanding was and you have clarified it so well. Thanks! However one thing that is not clear to me is regarding health care for such immigrants. How about health care costs? Is the sponsor responsible for medical bills etc of the alien? I appreciate if you or anyone throw some light on this issue?

Thanks!!

Thank you so much all for reply! I think it seems more complicated that we had thought. She is so confused that she hasn't done anything so far. The case got approved in only two months and now things are getting complicated by thi suntimely relocation.

Hi All,

My freind's husband whose 1-130 is approved and his case is at NVC now, just moved from his native country, Afghanistan to India for some security issues and stuff. He decided not to go back to his country and wants to transfer his consulate processing to New Delhi where he lives now on a visitor visa.

Is this possible to get his interview at New Delhi now? Or does he have to go back to Afghanistan?

Anyone has or heard any similar situation? Please help and reply.

Thanks.

Lari

It seems there is no information with anyone regarding this case... Please answer if you happen to know about the situation. Thanks!!!

Hi All,

My freind's husband whose 1-130 is approved and his case is at NVC now, just moved from his native country, Afghanistan to India for some security issues and stuff. He decided not to go back to his country and wants to transfer his consulate processing to New Delhi where he lives now on a visitor visa.

Is this possible to get his interview at New Delhi now? Or does he have to go back to Afghanistan?

Anyone has or heard any similar situation? Please help and reply.

Thanks.

Lari

Hey Lari,

The system does make sense.

First, every country has a right to regulate who may enter within its border and no foreign person or individual citizen has a right to let anyone enter.

Second, the law favors reuniting immediate family. In the US, we consider a family to include a father, mother and their children. So in the Immediate Relative category, we allow spouse and children under the age of 21 to reunite with a US citizen spouse/parent. There is also consideration for older parents who may have no family in their home country. These people in most societies share a home together. To gain US citizenship, a LPR has to wait only 5 years. So imagine what would happen if a person receives citizenship and is allowed to immigrate his parents and 10 siblings. There would be to many people coming to the US.

Third, a child who is married or is older than 21 is considered to be independent. They are grown-ups who can support themselves. So there is no consideration for them to be immediate relatives. Remember, when you were young, you are very close to your brothers and sisters. But when you get married and have your own children, your spouse and children become more important to you than your brothers and sisters. You have developed a different family. So being older and having established their own families, we let these people come to the US and we let them bring their families since they are more likely to have developed their own families. However, we make them wait since they are separate families from the US citizen's family.

Lots of people want to come to the US. To control the number that can be absorbed each year through the development of jobs, housing, etc, the US must make limits.

Thanks again Aaron,

Your explanation makes complete sense. I have learnt a lot of valuable information about immigration from this site and its great knowledgeable members like you. This one thing I was alway wondering about and you have explained it so well with your examples. So I take my words back... Immigration in this country while is very fair need be limited at the same time for like you have said, the whole world may arrive here in no time and the earth might end up losing its balance, with too much weight on one end of the earth, hehehehe

Now, why on earth every one wants to come to the US?

I see all the new, and not-so-new and even very old immigrants complaining about hectic life here, and how they loved and enjoyed their life back in their home country... but still they keep wanting to live here and wanting to bring their other relatives and families over here.

Again thank you all for your valuable information. Siblings gotta wait!!! I am with this law too!

In my experience in marrying a immigrant, an entire duplicate of all the forms for my wife had to be done for each child brought in. The wife was cheap to bring here, but her children required full documentation from their parent country that they were free to come here that cost a couple of bucks and the USCIS wanted to see that translated apostille notarized fingerprinted document. And yes, that included a separate I-130 for each child and you also want to get an EAD so they can apply for an SS number. Your I-864 has to show enough bucks to support the crew.

Nice to idealize our immigration laws, but that is the way it is when accomplished legally. But what about illegally with some odd 20 million people here. Bugged me to hear about a 17 year old kid knocking up a 16 year old, both illegal, the baby was born in the USA as a US citizen, and fully eligible for Medicade payments with a cost of living check to boot. If anything happens to me, my kids can't get Medicade because they are here legally and that I-864. So idealize on the simple basic fact.

And if they do legalize all the illegals, will we get a refund from the USCIS? Of course they won't, if legalized, their employees will have to pay workmens compensation and be liable for any injuries that occur on the job, and since they are illegals, they don't have to follow the laws of the EPA or OSHA, no profit in that. I cannot believe this is going on in America, right back to the pre-salve days.

NickD,

I am 1000% against Illegal Immigrants. I want them all deported once and for all. Legal immigrants go through so much process, and their US relatives spend so much time, money and effort to get them here, and then be respinssible for them once they get here. If illegals get legalized just like that, it is not fair to the rest who abide by law. And most illegal immigrants make the most babies in the US.. amazing... Illegals should simply remain illegals and be deported regardless of being born in the US soil! This way there will be a relief to our welfare system. You see this teenaged or young illegal girls with 2-4 kids... they know their kids will get them all the benefits they could's get otherwise.. this must be discouraged!

Hey Lari,

The system does make sense.

First, every country has a right to regulate who may enter within its border and no foreign person or individual citizen has a right to let anyone enter.

Second, the law favors reuniting immediate family. In the US, we consider a family to include a father, mother and their children. So in the Immediate Relative category, we allow spouse and children under the age of 21 to reunite with a US citizen spouse/parent. There is also consideration for older parents who may have no family in their home country. These people in most societies share a home together. To gain US citizenship, a LPR has to wait only 5 years. So imagine what would happen if a person receives citizenship and is allowed to immigrate his parents and 10 siblings. There would be to many people coming to the US.

Third, a child who is married or is older than 21 is considered to be independent. They are grown-ups who can support themselves. So there is no consideration for them to be immediate relatives. Remember, when you were young, you are very close to your brothers and sisters. But when you get married and have your own children, your spouse and children become more important to you than your brothers and sisters. You have developed a different family. So being older and having established their own families, we let these people come to the US and we let them bring their families since they are more likely to have developed their own families. However, we make them wait since they are separate families from the US citizen's family.

Lots of people want to come to the US. To control the number that can be absorbed each year through the development of jobs, housing, etc, the US must make limits.

Thanks again Aaron,

Your explanation makes complete sense. I have learnt a lot of valuable information about immigration from this site and its great knowledgeable members like you. This one thing I was alway wondering about and you have explained it so well with your examples. So I take my words back... Immigration in this country while is very fair need be limited at the same time for like you have said, the whole world may arrive here in no time and the earth might end up losing its balance, with too much weight on one end of the earth, hehehehe

Now, why on earth every one wants to come to the US?

I see all the new, and not-so-new and even very old immigrants complaining about hectic life here, and how they loved and enjoyed their life back in their home country... but still they keep wanting to live here and wanting to bring their other relatives and families over here.

Again thank you all for your valuable information. Siblings gotta wait!!! I am with this law too!

Generally, a family member of a US citizen seeking to immigrate through family-based immigration falls into one of two groups: 1) Immediate Relative (IR) and 2) Remaining Categories.

1) Immediate Relative is either a) a parent, B) spouse, or c) child under 21 years-old of the US citizen. There number of visas for these individuals are unlimited and the visa process takes about 12-18 months. There is no derivative beneficiaries in IR cases - meaning only these people can immigrate and the immigration petition is for one person only.

2) Remaining Categories for a US citizen petitioner is his/her a) unmarried child age 21 or older (F1 category), B) married child (F3), and c) sibling (F4). For an F3 or F4 visa, the petitioning US citizen must be over 21 years-old. In these categories, derivative beneficiaries are allowed - meaning the primary beneficiary (foreign relative) can bring their spouse and unmarried children under age 21.

In your cousin's case, he can apply for his mom as an IR and file for his siblings under the F4 category (currently takes 12 years). Obviously this creates problems since the mother and children will be separated for more than 10 years. The other option is after the mother arrives in the US, she can file for her unmarried children under age 21 as an Legal Permanent Resident (LPR or green card holder). This is the F2b category which currently takes 9 years for people from India. Again, a long separation.

There is no way to get your cousin's brother and sister over faster through family-based immigration. Anyone who tells you otherwise is trying to rip you off.

The only way that your cousin's brother and sister can cover over quickly is if your cousin's mother qualifies for a visa through employment. Non-immigrant visa (H1-B). Immigration visa are EB-1, EB-2, EB-3, & EB-4 are for those immigrants who have advanced degrees and/or in the top of their field - usually artists, athletes, nobel winners, highly regarded scientists, etc.

Aaron,

Thanks so much for your detailed explanation. I appreciate the time you have taken to write. Very useful info.

The only thing I don't understand is this that: WHY on earth they allow derivative visas to other categories and not to the most important immediate relative category. This seems as they made the law this way only to stop parents from coming if they got younger kids... who will leave their kids behind to be away for so many years... Immigration law makers have made some smart laws, ha.... This does not make sense at all. Obviously, they just want to make you wait....

But thanks again for the info.

No There is NO derivative visas for Immigrant IR visas.

Thank you all so much for your replies.

Regarding the derivative visas... I had seen families who were sponsored by their other family members and as a result the whole family with their kids below 21 got visa together, of course after waiting for years.... But once parents got visa, all kids were included. How the kids got derivative visa? Who is eligible for dervative visa?

Thanks,

Najia

Hello Dear freinds,

My cousin (US citizen) is sponsoring his mom. Can his brother and sister below 18 come with their mom authomatically? We need this info asap.

Thanks

Thanks so much for all your replies!!!!

By "they" I meant people with either no accurate information or wrong information. I knew it and I never did this myself when I brought my own husband from India just one year ago. I made sure that everything was as accurate and complete on our application as possible. With the help of GOD everything went very smooth and we never got any RFE or anything else. I gained all my information from various immigration website including this one. I was and still am most confident that I know A-Z of the whole process. Thanks to you all!

This issue just came recently with one of our freinds and no matter how much I was telling them, that this information is wrong, in return they accused me that, "You are WRONG!" , They probably thought I was misleading them or something..... they were so rude to me when I was trying to discuss my own case with them. I was just trying to help and save the person who was getting guidance from these people with no accurate information. He was asked to travel all the way to Pakistan from Afghanistan to get his MC stamped by the US embassy there.

So I wanted to further make sure and confirm this fact that US embassies don't stamp or verify your MC, on the contrary they demand you to provide them with a verified MC. You are to convince the embassy of your MC or marriage! Not that they embassy would do that for you.

Anyways, Thanks again much for your help as always!

God bless!!!!

Thanks for the quick replies. I realy appreciate this. I need more and more responses from all of you out there that this thing is not needed at all.

They are making a misrable guy travel to another country to get that stamp on his MC since there is no consulate in his own country. I want to help him and get him out of this pain.

Please relpy if you read this.

Thanks!!!

Hello dear folks,

After you get married, do you need to go in the US embassy in your country to verify your marriage certificate (MC) and put a stamp on it before you send it with your I-130?

Does US embassies abroad do this stamping on your MC at all?

Will USCIS deny your application if the embassy stamp on your MC is not done?

Is this really true?

Has any one so far has done this? getting your MC stamped by US emabassy?

Please please help me know if this is a must and required thing?

Thanks much!!!!!!!!!!!!!!!!!!!!!!

I think SFO is taking a little longer. I called USCIS customer services just to be sure they got all the info correct. She told me that they got it all and we should wait atleast 60 days like till mid August. That is just OK. I was just wondering if we needed to do inform USCIS or file something... now I know, we just have nothin to do but wait Thanks to All.

ALHAMDULILAH!!!!! I don't know if I'm dreaming, but if I am I don't want to wake up!!!!!!!!!!!!!!!!! He called me at 4 am this morning to tell me he had his visa in his hand!!!!!!!!!!!!!!!!! Alhamdulilah!!! He was there most of the day but very simple - told the first Paki guy the info they had requested, waited an hour and a half and then an older american male consular asked him if he'd ever worked for the Taliban in any way, and he said "No way", and then the Paki lady translating said Congratulations - you're visa's approved... wait here and we'll get your visa for you - and another hour or so later, he left w/ visa and brown envelope in hand!!!!!!!!!

15 months since we filed and 199 days of AR/AP - but it's all done now!!!!!!!!!!! Alhamdulilah!!! We're hoping to have him here in a week or two insha'Allah - I'm still in utter shock and disbelief - at a minimum I thought they would give it to him a day later - OMG!!!!

For all of you waiting, there is light at the end of the tunnel insha'Allah!!!

Thank you all soooo much for all the support and well wishes - I would have never survived this w/o all you fellow VJers!!!!

Congratulations!!! Mubarak!!!! I am so happy for you Omid jan. Wish him a safe trip to the States.

Sorry to hear this Omid jan. But just be positive, Allah will help you.

Here is a song for you and all others who may be stressed out. I am sure you all will love the song and feel a bit better. So Listen to this GREAT song:

http://media.putfile.com/Allah-o-Allah

Thanks!

If it's been 4 weeks or more since entry and he hasn't yet received the green card he should make an InfoPass appointment with your District Office. You can find your District Office details on the uscis.gov website.

Thanks, but what is usually to be done after entry? Did we need to notify USCIS from his arrival? Do we need to file something or just wait for them. I just wonder if we are doing what we are supposed to do. So what is the usual and normal procedure? Thanks!

Hello All,

My husband came last month on IR1 visa. We have not heard anything more from USCIS, like the welcome letter or green card. I wonder if we have to notify them or something. I assumed that that is authomatic and we need not do anything. Please advise what we should do now? Contact USCIS for GC? Basically how long it takes before you get any notification from USCIS after coming? Thanks.

Thanks everyone for your concerns. Hopefully he will feel better soon. This whole journey from start to finish is so difficult.

Congrats Shon, I am happy for you. Even though our visa journey is over, still I keep coming to read what is up with you gals and guys. I am happy for you. 10 months of AR is hell, but glad it is over now for u.

As you may remember, our AR was done in 3 weeks and now my hubby is here with me, he got his SSN already, but He seems soooooooooooooooooo DEPRESSED after coming.