H1BUser24 Posted April 6, 2020 Report Share Posted April 6, 2020 Hello, I am working in the US for quite some time and have got I-140 approved through employer. I am not expecting my priority date to be current soon, not until next 3-4 years unless there is a drastic policy change to clear the backlog the pending cases. I have a few questions below. 1. Can my child (who would be completing 21) file for Family Based greencard for me? 2. Does child has to submit evidence to show financial support, although I am not dependent on him/her and earning by myself? 3. Am I eligible for family based greencard as I have already employment based case in progress and I am already living and working in the US? 4. If yes, can I-485 be filed together along with greencard application and be eligible to work for ANY employer? Thanks Quote Link to comment
newacct Posted April 7, 2020 Report Share Posted April 7, 2020 1. yes 2. He has to file an I-864 Affidavit of Support 3. yes 4. The I-130 petition and I-485 Adjustment of Status should be filed together. You should also file I-765 for EAD and I-131 for Advance Parole (both for free) at the same time also. The EAD/AP, which will take several months to get, will allow you to work for any employer, and travel abroad and return, respectively, while the I-485 is pending. Quote Link to comment
H1BUser24 Posted April 8, 2020 Author Report Share Posted April 8, 2020 20 hours ago, newacct said: 1. yes 2. He has to file an I-864 Affidavit of Support 3. yes 4. The I-130 petition and I-485 Adjustment of Status should be filed together. You should also file I-765 for EAD and I-131 for Advance Parole (both for free) at the same time also. The EAD/AP, which will take several months to get, will allow you to work for any employer, and travel abroad and return, respectively, while the I-485 is pending. 20 hours ago, newacct said: 1. yes 2. He has to file an I-864 Affidavit of Support 3. yes 4. The I-130 petition and I-485 Adjustment of Status should be filed together. You should also file I-765 for EAD and I-131 for Advance Parole (both for free) at the same time also. The EAD/AP, which will take several months to get, will allow you to work for any employer, and travel abroad and return, respectively, while the I-485 is pending. Quote Link to comment
H1BUser24 Posted April 8, 2020 Author Report Share Posted April 8, 2020 Thanks newacct, Thanks for your response. When file I-765 for EAD, could I work for any employer immediately or I will have to wait for EAD approval which you said could take several months? Also how much time the complete approval would takes before I could get the green card? Thanks Quote Link to comment
newacct Posted April 9, 2020 Report Share Posted April 9, 2020 (edited) On 4/8/2020 at 8:26 AM, H1BUser24 said: Thanks newacct, Thanks for your response. When file I-765 for EAD, could I work for any employer immediately or I will have to wait for EAD approval which you said could take several months? Also how much time the complete approval would takes before I could get the green card? Thanks You have to wait until you get the EAD. It's hard to say how long the whole process will take. It used to be a few months but now it could be a year. Edited April 9, 2020 by newacct Quote Link to comment
H1BUser24 Posted April 10, 2020 Author Report Share Posted April 10, 2020 Thanks newacct, that helps. Quote Link to comment
H1BUser24 Posted October 4, 2020 Author Report Share Posted October 4, 2020 Hello, If 21 year old US citizen child who is sponsoring green card to his parents, is not earning and doesn't have any income, how would he submit I-864 (Affidavit of Support)? What if parents are already residing and working in the US? Thanks. Quote Link to comment
newacct Posted October 5, 2020 Report Share Posted October 5, 2020 On 10/3/2020 at 9:53 PM, H1BUser24 said: Hello, If 21 year old US citizen child who is sponsoring green card to his parents, is not earning and doesn't have any income, how would he submit I-864 (Affidavit of Support)? What if parents are already residing and working in the US? Thanks. Have the parents earned 40 quarters of Social Security credits? If so, then I-864 is not needed. Are the parents residing in the same residence as the child? If so, then their income can be counted as part of the child's household income on his I-864. Otherwise, the child will fill out an I-864 with insufficient income, and they will need to find a joint sponsor who has sufficient household income to fill out a second I-864. Quote Link to comment
H1BUser24 Posted October 9, 2020 Author Report Share Posted October 9, 2020 Thank you very much. Quote Link to comment
H1BUser24 Posted December 3, 2020 Author Report Share Posted December 3, 2020 On 4/6/2020 at 2:02 PM, H1BUser24 said: Hello, I am working in the US for quite some time and have got I-140 approved through employer. I am not expecting my priority date to be current soon, not until next 3-4 years unless there is a drastic policy change to clear the backlog the pending cases. I have a few questions below. 1. Can my child (who would be completing 21) file for Family Based greencard for me? 2. Does child has to submit evidence to show financial support, although I am not dependent on him/her and earning by myself? 3. Am I eligible for family based greencard as I have already employment based case in progress and I am already living and working in the US? 4. If yes, can I-485 be filed together along with greencard application and be eligible to work for ANY employer? Thanks In what Family Sponsored category the green card will be filed by the 21 year old US citizen child for their parents? Parents are already living and working in the US. What would be the wait time in this Family Sponsored category? Quote Link to comment
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