Haras

Hi

6 years ago my sister who is a US citizen completed a I130 petition for an alien relative.

Sadly my sister passed away 2 years ago and I have only just been told that the petition is now void which was devastating. Her husband has agreed to take this over but as a single parent I don't hold out much hope that his application will be accepted.

We want to live in the US as soon as possible and thought that the I130 petition was the best way to go.

We have looked into work but have found it very difficult to be honest. I am a Personal Secretary and my husband is a locksmith by trade but also has an HGV1.

Does anyone have any good advice that could help us please on the best and quickest method to be able to live and work in the US?

I would love to be able to be around for my nephew and neice, to be able to spend time with them and watch them grow up - I know my sister would have wanted that.

Thanks
Sarah

Noorah101

How sad, I'm very sorry for your loss. Just so you know, even if she were still living, you still wouldn't have been able to immigrate for another 6 years or so on her petition for sibling.

Here is a list of all the ways you can come to live and work in the USA. Unfortunately, if you don't fit one of these categories, it's not going to happen.

http://britishexpats.com/wiki/Pulask...ork_in_the_USA

If the children were born in the USA, they should be dual citizens, so perhaps if they are old enough they can travel easily to you and spend summers, etc.

Best Wishes,
Rene

Haras

Thanks for your reply Rene.

Yes thanks we were aware that the average waiting time is 12 years so expected another 5-6 years but now if they do not accept my brother in laws application it goes back to zero and we have to start over.

With regards to working in the US, I read earlier on Pulaski's Ways that 'Recruitment agents will not take you seriously if you are not already in the US' but I can't see how I can be in the US to be able to apply for anything. I am not sure what length of time I am allowed to be in the US on a visitors visa?

Thanks
Sarah

Haras

We are visiting the US next week so hope to speak to some relevant people while we are over.....not holding out much hope though

chicagojlo

It means if you haven't already found a legal way into the country without needing them to bring you over, you aren't going to have any luck using a recruitment agent. Unless you work in a very specialised industry then a recruitment agent isn't going to be presenting you for jobs when you aren't able to start for months or more. The point of the text is to make it clear how hard it is to get here via the H1B route.

Noorah101

Hi Sarah,

Do you actually have a visitor's visa? Or are you using the VWP? With the VWP, you can stay up to 90 days (better to make it 88 or so, in case of flight delays). With a visitor's visa, standard is 6 months, but it's up to the POE officer, he has the authority to admit you for less than 6 months.

Rene

ian-mstm

I don't believe your BIL will be able to continue the petition for you. From immigration's POV, he is a disinterested 3rd party. IOW, your sister was the family link required for a visa... not her husband. Sorry.

Ian

Noorah101

I agree with Ian. In USCIS' eyes, you are not an immediate relative to your brother in law.

Rene

Haras

I don't have a visitors visa.

I have spoken to an immigration officer and he confirmed that my BIL can take on my sisters petition.

He is not a disinterested party.......he is very keen to have us move there.

I am not getting many positive vibes here

chicagojlo

People are using immigration language here - disinterested in the eyes of the law not in real life. You might find the advice negative but people are more interested in giving you the facts than the fluffy story that may or may not have a happy ending. It's not intended as a personal attack on you or your situation.

Duncan Roberts

Ask them how. Family sponsorship is by blood or direct marriage. If you are not blood related or married to you BIL I'm not sure how the immigration officer thinks he can do it. Also, when you say immigration officer, do you mean the person at the airport or on the end of a phone? If that's the case, take their advice with a grain of salt because most of the time it's only partially right at best and completely wrong most of the time.

meauxna

This is the consular version; thank you google.

You can look on travel.state.gov for the original generic version, or your own Consular website.

Ask the Consul
Death of a Petitioner or Principal Applicant
October 19, 2006

Q: Am I still eligible for immigration if the original petitioner has died?

Typically, when the visa petitioner dies, the approved I-130 petition originally filed by the visa petitioner is automatically revoked. However, following the passage of the Family Sponsor Immigration Act, P.L. 107-150, beneficiaries of these petitions may file for reinstatement so long as they can provide an I-864 Affidavit of Support filed by a “substitute sponsor”.

The Act allows the substitution of an alternative sponsor if the original sponsor has died and the Attorney General has determined that the petition should not be revoked for humanitarian reasons. The substitute sponsor must be a U.S. citizen or national, or an alien lawfully admitted for permanent residence, at least 18 years of age, and resident in the United States. The substitute sponsor must also be related to you as one of the following: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild. As in the case of other sponsors, the sponsor must maintain an annual income equal to at least 125 percent of the Federal Poverty Guidelines.

Q: How can I reinstate a visa petition that was revoked by the death of the original petitioner?
In order to seek reinstatement of the visa petition, you must submit a statement to the United States Citizenship and Immigration Services (USCIS) office in the U.S. where the original visa petition was filed formally requesting reinstatement of the visa petition. The statement should list reasons why your case warrants reinstatement, such as your ties to the United States, or hardship that would occur to you if the request for reinstatement were not granted.

You must also include with your reinstatement request a Form I-864 Affidavit of Support completed by a “substitute sponsor”. This substitute sponsor is filing the I-864 in place of the deceased petitioner, and must meet all of the financial requirements of a sponsor pursuant to the Immigration and Nationality Act 213A.

With your reinstatement request you must provide documentary evidence of the death of the original petitioner, plus documentation of the relationship between you and the substitute sponsor. Finally, include a copy of your approved I-130, if available.

Noorah101

Wow, good news for the OP!

Haras

Thank you meaunxa, that was exactly what I was told and what my BIL is doing.

I spoke to a USCIS immigration office in the US by telephone who detailed what meaunxa has listed and now my BIL is getting those docs together to file.

meauxna

Bear in mind that it's one of those things I've always read but have never 'seen' put into practice; I don't know if there are any pitfalls or things you should be aware of WRT using this method.
Even tho it's what USCIS told you, it doesn't hurt for you to get some outside confirmation--USCIS is not known for its accurate answers to the public.

Good luck, and I'm sorry for your loss.