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  1. #1
    Join Date
    May 2014
    Posts
    2

    Default What to Do When the Petitioner's Income is Significantly Reduced

    Is it better to “swap” petitioners, add a “co-petitioner” or just prepare additional documentation without filing it in case of changes in relatives’ income?
    My daughter, who is a naturalized citizen of the USA, has submitted Petition for Alien Relative (Form I-130) on my behalf on 10/30/2013. I also filed Form I-485 (for Adjustment of Status) and other required forms. At that time she had a fulltime job fulfilling income requirements. However, since than she has resigned her job and gone on an extended trip prior to starting a Ph.D. program this coming August. She’ll be back in July.
    On the other hand, my son is also a US citizen, but he was not an original petitioner, as he was still in grad school. Now he has graduated and is in a steady, high-earning job. So their situation has reversed.
    I have not received an invitation for the USCIS interview yet, but it may be imminent. What is the best following step? Should I:
    1. Just continue as is;
    2. Continue as is, yet try to get prepared to address this question and supplement the case with updated information, i.e. earning statements for my son and wife who provide backup in the income criteria. I found two USCIS forms named Affidavit of Support: I-864 and I-134. Which one is applicable in my situation?
    3. File an amendment with income information of my relative(s).
    4. File a completely new petition reflecting new situation (which would likely cause additional delay).
    My lawyer mentioned only #1 or 4, but I personally favor #2, although doubt about particular form (864 vs 134).

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What to Do When the Petitioner's Income is Significantly Reduced

    The bigger question is whether or not your son is willing to be on the hook for support purposes.

    Does everyone understand the ramifications of the I-864?

  3. #3
    Join Date
    May 2014
    Posts
    2

    Default Re: What to Do When the Petitioner's Income is Significantly Reduced

    Quote Quoting Dogmatique
    View Post
    The bigger question is whether or not your son is willing to be on the hook for support purposes.
    Does everyone understand the ramifications of the I-864?
    Thanks for your comment. One could imagine families in which such question may arise, but in our case it isn't an issue. We do want to stay close, and among several approaches, have chosen the easiest one. My son didn't qualify for being a petitioner several months ago, and daughter's travel wasn't planned in advance. I hope someone on this forum may comment about rational of making any action instead of passively waiting for the question about income of petitioner to pop up later.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What to Do When the Petitioner's Income is Significantly Reduced

    Let your attorney handle it. He knows your case. We do not.

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