More details to this question:
my us citizen brother was sponsored me for us immigration visa and I got my interview letter in apr2015 including my wife and my 10y daughter (both are derivative beneficiaries) but some personal family issues my wife and daughter was not came with me for interview. I got visa alone and now i am lawful permanent resident here.my wife and my little daughter case is still open and ready for interview but my brother is not want to both come here. he ask me to submit new petition by yourself.My brother already submitted I-864 to all my family when NVC asked. I missed my wife and daughter here and same my wife and daughter missed me in India i am working (job) in USA but my income is low because i am new here.my question is that can i use other joint affidavit of support for this current case or submit new petition again on by my behalf for my wife and my 10y child in F2A category and also let me know how much time to take interview after new petition file.Thanks
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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To use your brother's petition for your family's immigration, he would again have to be the I-864 affidavit of support sponsor. You would not be able to use somebody else's affidavit of support in lieu thereof. You can submit your own petition for your wife and your child under the F-2A category and the processing time will probably be approximately 2 years. For that, you would give your I-864 affidavit of support and if not enough, you would be able to present a cosponsor as long as the co-sponsor's affidavit of support appears to be credible to an interviewing U.S. consular officer.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 Mar 22nd, 2016 at 4:54 PM