How to change from IR-5 to IR-1 application

[inga44 5]

Maybe I'm the only one with this problem, but I need to change my application from IR-5 to IR-1.

 

Here's the deal: Our son petitioned for me, but he's unable to come up with enough income to sponsor me. 

 

In the meantime, my American husband moved back to the US and worked enough to get his last 4 qualifying SS credits, and now has 40 credits. That means, I am exempt from filing I-864 but need to file I-864W (proving husband's 40 credits and my marriage to him) instead. In researching the matter, I discovered that this would make it an IR-1 application.

 

Does anyone here have any idea? 

[geowrian 22,335]

No such thing exists to change immediate relative (IR/CR) categories. You would need a new petition from a new petitioner.

Different petitioner = different petition.

 

11 minutes ago, inga44 said:

Does anyone here have any idea? 

Better question is why can't your husband be a joint sponsor with your son's case? Seems faster that way...

Edited July 11, 2019 by geowrian

[inga44 5]

2 minutes ago, geowrian said:

No such thing exists to change immediate relative (IR/CR) categories. You would need a new petition from a new petitioner.

Different petitioner = different petition.

 

Better question is why can't your husband be a joint sponsor with your son's case? Seems faster that way...

Thank you for your reply. That sounds like the best idea, and it should still allow me to file the I-864W form, I think. 

 

I'm at the stage where I need to send in all documents on my IR-5 petition.

So how do I add my husband as a sponsor now?

[geowrian 22,335]

1 minute ago, inga44 said:

Thank you for your reply. That sounds like the best idea, and it should still allow me to file the I-864W form, I think.  

 

I'm at the stage where I need to send in all documents on my IR-5 petition.

So how do I add my husband as a sponsor now?

Actually...if you qualify for the I-864W (check and double check the requirements!), then I don't think you actually need him as a joint sponsor. You would just provide the I-864W to NVC, along with evidence that you can claim the 40 quarters via your spouse. it would still be an IR-5 visa via your son using the existing petition. He wouldn't technically be a sponsor, but you would be claiming the SS credits.

That said, the key is being eligible for the I-864W. The situation of claiming a non-petitioner spouse's credits is the unique part, but I don't see anything implying the rules are any different.

 

If the I-864W path isn't an option, to add somebody as a joint sponsor, they just provide their own I-864 packet to NVC alongside the I-864 from your son.

 

[inga44 5]

12 minutes ago, geowrian said:

Actually...if you qualify for the I-864W (check and double check the requirements!), then I don't think you actually need him as a joint sponsor. You would just provide the I-864W to NVC, along with evidence that you can claim the 40 quarters via your spouse. it would still be an IR-5 visa via your son using the existing petition. He wouldn't technically be a sponsor, but you would be claiming the SS credits.

That said, the key is being eligible for the I-864W. The situation of claiming a non-petitioner spouse's credits is the unique part, but I don't see anything implying the rules are any different.

 

If the I-864W path isn't an option, to add somebody as a joint sponsor, they just provide their own I-864 packet to NVC alongside the I-864 from your son.

 

I definitely qualify for the I-864W (i.e I-864 exemption because of SS credits and being married to my spouse during the time he earned the credits. I have a few credits myself, but not nearly enough.) It seems that adding him as co-sponsor would be the safest option, so I don't have a "unique situation." Will have to see how to do that. 

 

Thanks much! 

PS I see my Facebook image wandered over here, and he's the man in the photo.

 

Edited July 11, 2019 by inga44

[USS_Voyager 1,971]

1 hour ago, inga44 said:

PS I see my Facebook image wandered over here, and he's the man in the photo. 

The first thing that came to my mind when I read the title of this post was: “Oh my God, this person married their child???”

[inga44 5]

51 minutes ago, USS_Voyager said:

The first thing that came to my mind when I read the title of this post was: “Oh my God, this person married their child???”

ROTFL!!