Hello,

My dad petitioned my two brothers that were over 18 yrs. old and single back in 2001. The petitioned were approved and my two brothers are just waiting for their visas. My concern is that my Dad is so sick right now and he's only have 6 months or less to live. Can someone please give me some advice if there's something I can do ahead of time about my brothers application before my Dad pass away? Any advice you can give me would be much appreciated. Thank you.

Hi Candie and welcome to ILW

I just wanted to give this thread a little bu-mp to the top and hope that someone on here with better knowledge can help you.

I know this must be a difficult time for you and your family, my thoughts are with you.

You need to have a substitute sponsor in such an event. Please read the page 3 of I-864 it explains what to do under such circumstances.

What Is a Substitute Sponsor?

A substitute sponsor is a sponsor who is completing a Form I-864 on behalf of an intending immigrant whose original I-130 petitioner has died after the Form I-130 was approved, but before the intending immigrant obtained permanent residence .The substitute sponsor must be related to the intending immigrant in one of the following ways: spouse, parent,mother-in-law, father-in-law, sibling, child (at least 18 years of age), son, daughter, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild or legal guardian.The substitute sponsor must also be a U.S. citizen or lawful permanent resident.
If you are a substitute sponsor, you must indicate that that you are related to the intending immigrant in one of the ways listed above and include evidence proving that relationship.The beneficiary must also file this form along with a written statement explaining the reasons why the Form I-130 visa petition should be reinstated, having been revoked following the petitioner's death. The beneficiary must also include a copy of the Form I-130 approval notice.

Thank you for the advice.
I remembered that I filled out the Form I-864 in conjunction with my Dad petition because when he filed the petition papers he was not making enough money to support the petition so I submitted a Form I-864 with his I-864. Would that be enough?
Also, I just realized that the Immigration letter stating the petition was approved got lost. Any advice? Thanks in advance.

quote:

Also, I just realized that the Immigration letter stating the petition was approved got lost. Any advice?

Do you have the case number?

Yes, I do have the case number or receipt number and the first Immigration letter was sent to my Dad stating that the petition was being processed.

When this Petition was file..date.............?
when it was approved..............?
What is the status of your Dad...is he a Citizen or Alien....?
What about your Mother.......?

If you are looking for the correct answer to your abouve question....?
Then it is very sad if in case a Petitioner dies. Techically you have no relationship with him any more....he is not there to help you in any way....
This was happened some time in 1985/86 the lady who file for her sister she died she was a Naturalized Citizen some how it was known to the then INS and they have revoked all her Petitions.and informed the families.
That was the reason I have ask about your mother if she is a citizen she can file now...right away...

The Petition was filed in June 2003
I believe it was approves in 2004? (lost the approved letter from INS)
My Dad has an Alien status
My Mon is still alive and leaving in the US and has an Alien status.

Can my Mom take over the petition that my Dad started or does she have to start a new petition for my brothers and go throught the whole process?

Since how long your parents are LPR......?
It is best if your mother file, for your brothers....

Candie, are your brothers still single or are they married now?

If I am correct, LPR's can only sponsor unmarried sons and daughters.

Do your parents, especially your mother, intend to Naturalize anytime soon?

My parents had been LPR's since July 2001 and they are not planning to be a citizen. My brothers are still single. If my mother file for my brothers, do we have to start the process all over again and it might take another 10 yrs for the whole process?

Yes if your Mother wants to file for your brothers she must start all over again, to cut down the timings...
Your parents are LPR, from 2001, your father must have file when he was an PLR...
In case you father dies, that Petition willl be revoked. It is better in the intreste of your borthers your mother should take the Citizenship.That will cut down the time...she should file now and upgrade her I-130 as soon as she become a Citizen...

Once she file her I130 now and watch the status of her I-130 which ever is fast she should avail that I-130.