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Who will be my Petitioner? My husband or his daughter?

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Hi Visajourneys,

Please help me again with this.

My husband is dependant to his daughther as it appears on his daughter's IRS tax return. Her daughter will be my main sponsor. And her income is above poverty guidelines and can support 3 or 4 people in the household.

My question is? Who will be my petitioner? My husband or his daughter? I am preparing now the I-130 and go for CR1 visa but now I am confuse who will be my petitioner. If my husband will be my petitioner, does the immigration will not question me or us why I need to go there in the US since my husband is only a dependant of her daughter? My husband has an income but the IRS define it as a "hobby" not a job. So, we decided that his daughter will be my main sponsor and she agreed on it...

I am looking forward for any reply....Please give me an idea....thanks a lot...

IR-5 Timeline (Petitioning my mother from the Philippines)

 

01/06/2017 - Mailed Petition to Arizona Lockbox via USPS certified mail - Paid: $4 and change

01/09//2017 - Petition was received (Priority Date)

01/16/2017 - Received  text and email notification that case was accepted and routed to Texas Service Center

01/20//2017 - Received NOA1 in the mail (Form I-179c)

 
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Filed: Citizen (apr) Country: Argentina
Timeline

Hi Visajourneys,

Please help me again with this.

My husband is dependant to his daughther as it appears on his daughter's IRS tax return. Her daughter will be my main sponsor. And her income is above poverty guidelines and can support 3 or 4 people in the household.

My question is? Who will be my petitioner? My husband or his daughter? I am preparing now the I-130 and go for CR1 visa but now I am confuse who will be my petitioner. If my husband will be my petitioner, does the immigration will not question me or us why I need to go there in the US since my husband is only a dependant of her daughter? My husband has an income but the IRS define it as a "hobby" not a job. So, we decided that his daughter will be my main sponsor and she agreed on it...

I am looking forward for any reply....Please give me an idea....thanks a lot...

your husband is filing for you, so he is the petitioner. your daughter-in-law cannot file for you.

your husband is the main sponsor, even though he does not work or little income, his daughter can be the joint sponsor or co-sponsor.

you can't decide it on you own, the petitioner is always the sponsor. he or she must show that the person they are filing for won't become a public charge.

if he doesn't work or does not have annual income above the 125% of the poverty guideline, he can find a joint sponsor that can cover for you.

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Your husband is the petitioner, and he must fill out an I-864. If the daughter lives in his household then she can fill out an I-864A, otherwise she fills out another I-864.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

husband is petitioner and sponser.

daughter is co-sponser

you are the beneficiary.

good luck !

*** not a Citizenship question, moving to IR/1-CR-1 forum ***

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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