TrueCompist

Hi all,

I thought we were done with all this stuff but we've been thrown another curve Ball!

I have a wife and child here in the USA. I'm living with them here after entering legally and submitting an adjustment of status application.

I've attended my biometrics appointment, and checked the application status gives the i130, i131 and i765 as "initial review", but the i485 as scheduled for interview (we are waiting for the letter).

Sadly, our joint sponsor passed away this morning.

Without him, the main sponsor (my wife) has no income or assets.

We can find tonnes of stuff online about what to do if the original sponsor (main sponsor) dies but nothing on the joint sponsor passing.

So.... What do we do? I'm going to call USCIS later but figured I'd ask you guys first as USCIS are usually pretty useless without visiting a field office.

I need this application to go through as I can't just leave my wife and young daughter.

Noorah101

I'm sorry for the loss, my condolences.

What to do...get another joint sponsor and bring that I-864 package to your AOS interview.

Rene

ian-mstm

The only thing you can do is get a new joint sponsor and, at the interview, present an I-864 and supporting evidence from the new joint sponsor.


Waste of time!


Do not, under any circumstances, leave the US until you get this sorted out.

Ian

TrueCompist

Thank you both, you're a big help!

So, there's no obligation to notify them PRIOR to the interview of any changes?

I don't plan on leaving the US. Just don't wanna get kicked out!

Noorah101

Correct.

Rene

ian-mstm

I agree!


As long as you find a new joint sponsor, this won't be an issue!

Ian

TrueCompist

Ok, thank you all.

The search for a Joint-Sponsor begins, again.
Was tricky last time as the wording of it scared everyone off, with one person thinking that the government would own his house if he did it (no matter what I told him, he was convinced!).

Ah well, gotta do what I gotta do!

rpjs

Are you in work yourself? If you are you could conceivably be your own joint sponsor, which is allowed - I am myself as I was able to arrange a transfer of my employment from the UK side of my (now former) employer to the US side. This might be problematic if you've not been working for long and the adjudicating officer feels it's not long enough established to be stable, but it might work as a last ditch attempt if you can't find another joint sponsor.

ian-mstm

He can certainly be a contributing household member, but he can't be his own joint sponsor. There is a difference between being jointly responsible and being a joint sponsor. Perhaps you could clarify where you read that someone can be their own joint sponsor.

Ian

Noorah101

+ 1.

Rene

rpjs

Hmm, I recall now this came up when I posted before about my own experience - the London consulate required me to submit my own I-864 documenting my continuing income rather than an I-864A as a contributing household member. The consensus here was that the consulate got it wrong but it didn't affect my immigration.

Nevertheless, if OP has an income now, couldn't he in principle submit an I-864A in support of his wife's I-864 and not need a joint sponsor? Subject of course to the considerable caveats of the income being sufficient and having been in place long enough to satisfy the adjudicating officer that it's likely to continue.

Noorah101

As the intending immigrant, you can't submit your own I-864. The USC submits the I-864, showing your continuing income on it. As the intending immigrant, you don't need to do an I-864A either.

If he is earning income legally, his income can be included on his USC wife's I-864. He shouldn't need to do an I-864A (immigrant spouses don't need to do an I-864A). Sometimes the Immigration Officers get it wrong and request an I-864A anyway...which is fine...in that case, do one.

Since the OP doesn't have his EAD in hand yet, my guess is that he's not earning any income right now, unless it's coming from a source other than employment.

Rene