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Sirs,

    My Aunt has received her letter of approval for greencard to the U.S & is now in the process of trying to acquire it. Her visa is a I-130 Family Sponsorship visa, Her Elder sister being a US citizen. They are in the last stages of sending the Affidavit of Support, however due to last minute hurdles regarding the inability to meet the income requirements it seems all but certain to miss the deadline. Though we can meet such requirements in short time.

My questions being:

1) Can she re-apply on the basis of the forms & fees all ready sent?
2) If she has to re-apply & pay all the relevant fees again,how long will it take?
3) In general, if a person misses the deadline to send in the AOS,what options remain for getting the greencard?

Her deadline is the 10th Of August,hence your prompt reply would be appreciated.
Answer -
Where is your Aunt - here in the U.S. or abroad? If here, did she have an interivew already and was given a chance to submit the I-864 within a period of time? If abroad, who set the deadline, normally you can extend the deadline by calling the Embassy or the National Visa Center depending on where the file is. I need more info to fully answer. You can try calling my cell to discuss - 516 9840086.

Followup:My Aunt is here in Pakistan,she tried to lengthen the deadline schedule by writing the embassy but they've refused.She has not yet given the interview.It is my understanding she first has to send the AOS before being granted an interview date. Is my understanding correct?

Answer
Normally the I-864 is handled by the National Visa Center in New Hampshire before the case is sent abroad but after the I-130 is approved. Their rules require contact within a year by phone or mail to extend the deadline. If the Embassy gave the deadline, they may seek to have the I-130 revoked and you would then have a chance to fight and provide a co-sponsor.


Regards,


Robert

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