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  • Application for parents' GC

    Hello,

    My sister and I are in the US. She is a citizen and I have a GC. We would like to apply for our parents' GC. I am aware that my sister is going to have to be the sponsor since she is a US citizen and I am not. I have a few questions regarding this situation:

    1) My sister does not work. I do. Can I be the one to sign the affidavit of support or can this only be done by the sponsor? Any other info I need to know about this?

    2) Our parents live in a country other than their home country because our dad has a job there. Can the consular processing be done in that country or can it only be done in the home country? A possible (not probable) complication that comes to mind in this situation is that what if during the GC process our parents have to move back to their home country due to an unforeseen circumstance, e.g. a loss of job. Can the GC process continue in the home country? If yes, how does that work? Will it have to start all over again? What kind of delays can be expected in such a case?

    Thanks for your help.

  • #2
    It sounds like you are planning for her to be the petitioner (Form I-130) and for you to be the sponsor (Form I-485). Yes, you may be the sponsor if you meet the financial requirements.

    I would try to apply from a stable position. That means, if their job is stable where they are living now, don't rock the boat. It would be advisable for them to stay there and do all paperwork from one country/consulate. The whole process is complex enough so I wouldn't want to add anything to it.

    Someone else will be able to give you more info re Consular Processing and which countries/consulates you can do it from.
    Last edited by NettieL; 05-07-2017, 05:26 PM.
    Not legal advice.

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    • #3
      Originally posted by osac View Post
      1) My sister does not work. I do. Can I be the one to sign the affidavit of support or can this only be done by the sponsor? Any other info I need to know about this?
      Your sister, as the petitioner, must be a sponsor and fill out an I-864 Affidavit of Support. If her household income is not enough, you can be a joint sponsor, and you will also fill out an I-864 Affidavit of Support. Note that each parent will be petitioned separately, and thus each parent will have a separate Affidavit of support, from both your sister and you.

      Originally posted by osac View Post
      2) Our parents live in a country other than their home country because our dad has a job there. Can the consular processing be done in that country or can it only be done in the home country? A possible (not probable) complication that comes to mind in this situation is that what if during the GC process our parents have to move back to their home country due to an unforeseen circumstance, e.g. a loss of job. Can the GC process continue in the home country? If yes, how does that work? Will it have to start all over again? What kind of delays can be expected in such a case?
      Yes, since they live there, they can apply there. It's possible to move the case from one consulate to another, though it's a hassle.

      This is my personal opinion and is not to be construed as legal advice.

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