Sponsor and petitioner question.

[paperzach 1]

My wife (french) and I were married in France in October. I'm american, living in the US again for only the last month. I have been looking at the immigration process, and the CR1 looks like the path to take.

We have a new baby, plus she has 3 kids from a previous marriage who would be coming with her (the oldest one, 13, has dual France/USA citizenship). I don't know how that could factor in. I'm wondering, Does having all these children make the K3 an option? It seems to be for families, but people say it is mostly useless.

My main question is about sponsorship. Can this be anyone who meets the financial requirements? Does it have to be the petitioner?

I will gladly elaborate on my situation. I will be happy to hear some experienced feedback/advice.

Edited July 22, 2014 by paperzach

[Penguin_ie 5,996]

The K3 is no advantage to you.

The petitioner is always the main sponsor, but you can have a joint sponsor that helps with the financial part.

[J&N071213 57]

Hi, you will have to follow the CR1 path. However, an I130 application has to be submitted for each kid as well (not the dual citizenship 13 year old, I believe). In terms of sponsorship you will need a joint sponsor who meets the poverty guidelines. Don't forget to include the intending immigrants in the joint sponsor's household when determining minimum income requirements.

[Ian H. 207]

Since you are a USC you have to file for them as immediate relatives meaning that each person would need a separate form I 130 petition, except the child with the dual citizenship. All he or she would need is their US passport and would enter the country as a USC so there would be no need for a visa or petition or anything of the sort. The K3 process nowadays isn't really worth it because it takes about the same time as the CR/IR process and usually costs more if you ask me. Also as for the sponsor requirements if you don't make enough for all of them you can always use a joint sponsor. The joint sponsor DOES NOT have to be related to you or to your spouse in any way. You technically have to be the sponsor for everyone because you are the petitioner, however you can have up to two joint sponsors.

[NikLR 13,232]

Well only the two middle children would need petitions. The baby you have together should qualify for a CRBA if you meet the residency requirements to pass on citizenship (check the USCIS website) and if the oldest is also a USC they do not need a petition. You will, however, need proof of sole custody for the children and/or a letter from the biological father (or a death certificate) saying it is okay for the children to move.