Situation changed. Should we swap, add a petitioner or just prepare docs w/o filing?

[vadc1]

Is it better to “swap” petitioners, add a “co-petitioner” or just prepare additional documentation without filing it in case of changes in relatives’ income?
My daughter, who is a naturalized citizen of the USA, has submitted Petition for Alien Relative (Form I-130) on my behalf on 10/30/2013. I also filed Form I-485 (for Adjustment of Status) and other required forms. At that time she had a fulltime job fulfilling income requirements. However, since than she has resigned her job and gone on an extended trip prior to starting a Ph.D. program this coming August. She’ll be back in July.
On the other hand, my son is also a US citizen, but he was not an original petitioner, as he was still in grad school. Now he has graduated and is in a steady, high-earning job. So their situation has reversed.
I have not received an invitation for the USCIS interview yet, but it may be imminent. What is the best following step? Should I:
1. Just continue as is;
2. Continue as is, yet try to get prepared to address this question and supplement the case with updated information, i.e. earning statements for my son and wife who provide backup in the income criteria. I found two USCIS forms named Affidavit of Support: I-864 and I-134. Which one is applicable in my situation?
3. File an amendment with income information of my relative(s).
4. File a completely new petition reflecting new situation (which would likely cause additional delay).
My lawyer mentioned only #1 or 4, but I personally favor #2, although doubt about particular form (864 vs 134).

 

[Bay1954]

You are Mor Fortunate than Most

Is it better to “swap” petitioners, add a “co-petitioner” or just prepare additional documentation without filing it in case of changes in relatives’ income?
My daughter, who is a naturalized citizen of the USA, has submitted Petition for Alien Relative (Form I-130) on my behalf on 10/30/2013. I also filed Form I-485 (for Adjustment of Status) and other required forms. At that time she had a fulltime job fulfilling income requirements. However, since than she has resigned her job and gone on an extended trip prior to starting a Ph.D. program this coming August. She’ll be back in July.
On the other hand, my son is also a US citizen, but he was not an original petitioner, as he was still in grad school. Now he has graduated and is in a steady, high-earning job. So their situation has reversed.
I have not received an invitation for the USCIS interview yet, but it may be imminent. What is the best following step? Should I:
1. Just continue as is;
2. Continue as is, yet try to get prepared to address this question and supplement the case with updated information, i.e. earning statements for my son and wife who provide backup in the income criteria. I found two USCIS forms named Affidavit of Support: I-864 and I-134. Which one is applicable in my situation?
3. File an amendment with income information of my relative(s).
4. File a completely new petition reflecting new situation (which would likely cause additional delay).
My lawyer mentioned only #1 or 4, but I personally favor #2, although doubt about particular form (864 vs 134).

Has the I-130 been approved and if so, is it now at the NVC? If not, you may want to wait until that occurs until proceeding further

But this is only in my humble opinion.

I do tend to agree with your attorney. In my humble experience, you can not add additional sponsors once the I-1.30 has been submitted. Either wait it out or re-file..

 

[vadc1]

Has the I-130 been approved and if so, is it now at the NVC? If not, you may want to wait until that occurs until proceeding further ...
I do tend to agree with your attorney. In my humble experience, you can not add additional sponsors once the I-1.30 has been submitted. Either wait it out or re-file..

Thanks for your comment! It helps to hear more than one opinion. The Petition for Alien Relative (I-130) hasn't been approved yet, moreover we haven't even received an invitation for an interview from local USCIS office (in San Jose). Thus the NVC isn't applicable to our situation. It would be better to include more than one petitioner into I-130 from the very beginning, and I repeatedly suggested so to my attorney, but he said that having one is easier and sufficient. Both my son and wife have good income to sign an Affidavit of Support (moreover I am actually financially supporting myself), but they are not petitioners, while money paid to grad student are barely sufficient to support themselves. I plan to prepare documentation of my relative's salaries and employment letters once I get an invitation for appointment at the USCIS.

 

[lisaanderson05]

If you filed an I-485, an I-864 from your daughter should have been included with the application as she is the Petitioner. If it wasn’t, USCIS may request it in a Request for Evidence. If USCIS requests it, your daughter, as Petitioner must submit an I-864. However, your son, who is now employed, can be a co-sponsor and can submit a separate I-864 as well. If and I-864 was submitted by your daughter, then when you go for the interview, you should take the 2nd I-864 from your son just in case questions are raised about your daughter’s continuing ability to be a sponsor.
It is foolish to start over as it is not necessary and no amendment is possible (or necessary). Additionally, if your attorney did not know that an additional I-864 with supporting documents can be submitted at the time of the interview in case questions are raised, or did not already submit an I-864 form your daughter with the I-485, then you may want to find a new attorney.