Q: Immigrant Petition I130 family member. Question on affidavit of support. And child follow on.
I filed for the sister immigrant 20 years ago, she later had children but they were never added before the petition was approved this year. I may try to add them now, but maybe I cannot, So as I must file the Affidavit of support, should I add people under Item Number 2. "Family Members Immigrating Within Six Months," just in case it happens? I assume it would affect the financial outlook, but with my and spouse income total 140K, we should be ok with a couple "maybe added" children?
Also, I also filed for another sister under i130 at the same time and she is also approved, and the same child not on petition situation. Does NVC consider both petitions added together when they calculate my ability to support?
Also, will immigrant see the affidavit of support? I don't want them to see my SSN and other personal info, and maybe they lose it. Is it only mailed by me to the NVC or uploaded to NVC? Thanks
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A:
Your financial situation with a combined income of $140K appears sufficient for sponsoring multiple family members, though the exact requirements will depend on the current poverty guidelines and total household size. You should list any potential beneficiaries under Item 2 of the Affidavit of Support to ensure proper consideration, even if their addition to the petition remains uncertain.
Regarding your children's situation, while children typically need to be listed on the original I-130 petition, you may be able to add them through the Child Status Protection Act or as derivative beneficiaries - though this will require careful review of their ages and circumstances. The NVC does consider your total sponsorship obligations across all pending petitions when evaluating your financial capacity to support immigrants.
Your privacy concerns about the Affidavit of Support are valid - however, the form is handled securely by the NVC through their online portal system where you can upload documents directly. The beneficiaries will see portions of the Affidavit as part of their immigration process, but the NVC takes precautions to protect sensitive information like SSNs. Given the complexity of your situation with multiple petitions and potential derivative beneficiaries, consulting with an immigration attorney would help ensure proper handling of these cases.
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