Filing for lR1 with biological child together who is a US citizen already

[Tisa 9]

Hello everyone,

 

my husband and I are planning on filing for a visa for myself. We’ve been married since 2015 and have a daughter together. At the moment, he lives in the states and our daughter and I live in Germany. Our daughter has a US passport and became a US citizen through consular report of birth abroad. Now, when filing the IR1, does my husband have to fill out a I-130 for myself AND my daughter even though she is a US citizen already and therefore not “immigrating” like myself ? Or is it enough to fill out the I-130 only for me, as the immigrating spouse ? 
 

what about the household size for the affidavit of support ? We are not sure how to calculate the household size in this case, with a child who is a US citizen. 

 

thanks for any help!

 

Sarina 

[Liam2021 583]

7 minutes ago, SarinaB said:

Hello everyone,

 

my husband and I are planning on filing for a visa for myself. We’ve been married since 2015 and have a daughter together. At the moment, he lives in the states and our daughter and I live in Germany. Our daughter has a US passport and became a US citizen through consular report of birth abroad. Now, when filing the IR1, does my husband have to fill out a I-130 for myself AND my daughter even though she is a US citizen already and therefore not “immigrating” like myself ? Or is it enough to fill out the I-130 only for me, as the immigrating spouse ? 
 

what about the household size for the affidavit of support ? We are not sure how to calculate the household size in this case, with a child who is a US citizen. 

 

thanks for any help!

 

Sarina 

1.Your daughter is US citizen, so I-130 for you is enough.

2. The household should be 3( your husband, you, and your daughter).

[payxibka 10,045]

37 minutes ago, SarinaB said:

Hello everyone,

 

my husband and I are planning on filing for a visa for myself. We’ve been married since 2015 and have a daughter together. At the moment, he lives in the states and our daughter and I live in Germany. Our daughter has a US passport and became a US citizen through consular report of birth abroad. Now, when filing the IR1, does my husband have to fill out a I-130 for myself AND my daughter even though she is a US citizen already and therefore not “immigrating” like myself ? Or is it enough to fill out the I-130 only for me, as the immigrating spouse ? 
 

what about the household size for the affidavit of support ? We are not sure how to calculate the household size in this case, with a child who is a US citizen. 

 

thanks for any help!

 

Sarina 

Petition only needed for intending immigrant not US citizens 

[Tisa 9]

On 9/20/2020 at 11:08 PM, H&T said:

1.Your daughter is US citizen, so I-130 for you is enough.

2. The household should be 3( your husband, you, and your daughter).

Thank you 🙏🏼 

do you happen to know, If we use a joint sponsor, does the joint sponsor have to count my daughter into their household size as well, or just me ? 

 

On 9/20/2020 at 11:35 PM, payxibka said:

Petition only needed for intending immigrant not US citizens 

Thank you for the reply  

do you happen to know, If we use a joint sponsor, does the joint sponsor have to count my daughter into their household size as well, or just me ? 
 

[payxibka 10,045]

1 minute ago, SarinaB said:

Thank you 🙏🏼 

do you happen to know, If we use a joint sponsor, does the joint sponsor have to count my daughter into their household size as well, or just me ? 

 

Thank you for the reply  

do you happen to know, If we use a joint sponsor, does the joint sponsor have to count my daughter into their household size as well, or just me ? 
 

Joint sponsor only includes the intending immigrant