QUESTION

Bringing my son!

Asked on Oct 22nd, 2018 on Immigration - Arkansas
More details to this question:
I am asking this for my fiance in her words: I became a resident Febuary 28, 2017, I came with my father as his child, I was 10 when my uncle filed for my dad to come to this country. We were approve 15 years later, in the mean time I had a child and tried to bring him with me, but they said no and i would have to wait for my residency and then i could file for him. On 04/04/2017 immigration recieved my petition I-30 form. I waited for over a year and began to write letters explaining i needed my case expedited because my baby was being cared for by someone else and they no longer want to care for him. Well on 08/23/2018 I received I-797 form and it was approved and i need to know what i can do next to help this process go faster and correctly.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
In your situation, you now appear to be on the right path to have your son join you in the US. However, your priority date for your son is not yet current as your I-130 was filed on 4/4/17 and the December 2018 visa chart discloses that immigrant visas are only being given to those who filed before 10/8/16. In the meantime, the petition which was approved on 8/23/18 should already be at the National Visa Center (NVC), and you should shortly receive instructions concerning payment for the affidavit of support and immigrant visa. Once the fees are paid, the NVC will release instructions concerning the filling out of and submission of the I-864 affidavit of support form and DS-260 application for immigrant visa. It will also state the documents which are required which include copies of your son's birth certificate, passport with at least 8 months validity, and your financial support documentation such as job letter, banking statements, proof of recent pay, and tax return. If you are not able to financially support your child, you are allowed to have a joint sponsor who can take up the support obligation by filling out another I-864 form and giving the above documentary proof of ability to support and US citizenship or permanent residence. If living in the same household, e.g. your father, he would not have to fill out a new I-864 form, but could fill out the I-864 A form for household members. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Nov 18th, 2018 at 9:22 AM

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