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I864 affidavit of support for ONLY child of sibling/brother (I130)

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  • I864 affidavit of support for ONLY child of sibling/brother (I130)


    Kindly advise what the procedure would be in the case where an I130 application has been approved 10 years ago and at the time of priority date the situation is as follows:

    -Brother or sister/ Beneficiary (and their spouse) of U.S. Citizen is too old to work and have medical issues that could cost a lot for U.S. Citizen who applied as Petitioner.
    -However, unmarried son or daughter under the age of 21 is able to work in the US and is listed on the application form as a Child of the Beneficiary.

    Is it possible to only sponsor the unmarried son or daughter of the Beneficiary so that they could work in the U.S. and financially assist their parents overseas and also sponsor their siblings once they become citizens.

    The Petitioner (U.S. Citizen) is uncertain on whether he could afford the siblings medical costs in this country in addition to taking care of his own family at the time the priority date becomes available to proceed with the ViSA application process. But the Petitioner is able to financially sponsor only the Unmarried Child of the Beneficiary and would like to know whether he can use the Form I-864 (affidavit of support) to sponsor only the unmarried child of the Beneficiary and not the brother or sister/ Beneficiary and spouse.

  • #2
    An I-864 Affidavit of Support does not make the sponsor liable for any of the beneficiaries' medical costs. It just obligates the sponsor to supplement the beneficiaries' income to 125% of the poverty level if the beneficiaries' income does not already reach it.

    A derivative beneficiary can only immigrate at the same time as, or after, the principal beneficiary immigrates. It is not possible for the beneficiary's child to immigrate without the beneficiary also immigrating. And in order for the principal beneficiary to immigrate on this petition, the petitioner needs to fill out an I-864 Affidavit of Support for him/her. The petitioner always needs to fill out I-864s for every immigrant immigrating on this petition, even if there is a joint sponsor.

    If the principal beneficiary doesn't want to move to the US, but wants his/her child to move to the US, the principal beneficiary could immigrate to the US along with the child (the derivative beneficiary), and then the principal beneficiary can move abroad again and abandon his/her green card. But if the principal beneficiary does want to move to the US, and it's just you who does not want to fill out an I-864 for him/her, then this won't work.

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

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