I am an American Citizen and in November 1998 1 filed a petition for my married daughter under the third preference category.. Recently my son-in-law died in an accident in India.'Can I change the category of the old petition to first preference or I have to file a new petition as unmarried daughter? She has four children below the age of 21. Can they accompany her mother?
An Indzine Reader, Hayward Ca.
Dear Mr. Reader:
There is no need to file a new petition. The category of the old petition can be changed to first preference. Write a letter to the National Visa Center, 32 Rochester Ave, Portsmouth, NH 03801-2909 and send a copy of the death certificate. The National Visa Center will change the cate- gory from third preference to first preference and will for- ward the petition to Consulate in India to process immi- grant visa for your daughter. Her children below the age of twenty are also qualify to get visas as a co-beneficiary of the approved petition. Currently under the first preference cat- egory the visa numbers are available for the petitions filed before December 15, 1998.
Dear Mr. Rai:
I have a conditional green card valid till December 15, 2000. 1 obtained a green card through a marriage with an American Citizen. My husband has divorced me. I got a letter from INS to file a joint petition to remove the con- dition on my green card. Please advise me what should I do?
An IndZine Reader San Jose, Ca.
Dear Mr. Reader:
You can submit the application to remove the joint peti- tion requirements. Also your submit the proof that your marriage was bona fide and was not for the purpose of immigration only. With the application your submit the proof that you have lived together as husband and wife. To prove this you should submit, joint tax return, joint bank account, rental agreement or any other document showing your name and your husband's name. If INS is satisfied you can get a permanent green card. I would be better if you seek the advise of an Immigration Attorney.

Dear Mr. Rai:
I have received Affidavit of Support, Form I-864, from the National Visa Center. I have filed a petition for my wife and 4 children. My annual income is $18,000. As per instructi support five persons the income should be $24 according to the 2000 Poverty Guidelines. What st do?
RameshKumar Fremi.
Dear Mr. Kumar:
If your income is not sufficient and does not m poverty guidelines requirement then you should find sponsor who is willing to accept the legal obliga your family. The joint sponsor can be a relative c Also joint sponsor should have sufficient income the 2000 poverty guidelines. Along with the Form I and your sponsor should submit Income Tax Re the last three years, job and bank letter etc.