I130 petition, 2 important question before we start

[TinoK1980]

Hi everyone,

I am Tino and I would like to get the family based green card. My wife is an american citizen living in Germany with me for around 10 years.
Thanks to the creators of this forum to have a place to go for information. Great forum!

I have 2 questions.

1) When I create an USCIS account for myself ( I want the green card so I guess I am the petitioner ) do I send the I130 application on my account or does my wife need to create an account to file for me?

2) On the USCIS Site it says the following:

Do they want those papers from my wife ( the US citizen ) or myself ( the one who wants the green card ) ?

Documents you may need


The following is a list of documents everyone filing this form must provide:

• 2x2 passport photograph
• Birth certificate (with English translation, if needed)
• Proof of citizenship or lawful resident status
• Proof of family relationship

Thank you in advance.
Have a good day

[HartfordCtFilerI-485]

Hi Tino,

1. You are NOT the petitioner, you ARE the beneficiary. Your wife, the U.S. citizen is the petitioner so she's the one who is to complete the I-130. However, if you would like to keep up with the process of the filing, when you create your online account and add the receipt # that your wife will get after completing the I-130.

2. The following information being requested is for your wife and for you. Therefore she is to include 4 passport pix, 2 for her and two of you (some people only send pix of them and I think it is fine, but I am sure it won't hurt to send two passport pix of you as well. Copy of birth certificate for both of you. Proof of citizenship from wife. Proof of relationship from wife, this can be the marriage certificate, joint bank account statements, child(ren) birth certificate(s) if you guys have children together, mortgage or lease agreement, joint store credits or memberships and pictures of both you together. Basically anything that has both your names on it that confirms you guys are in a real relationship and have shared financials.

[rkk09]

Hi,
Here is my response.
1) When I create an USCIS account for myself ( I want the green card so I guess I am the petitioner ) do I send the I130 application on my account or does my wife need to create an account to file for me?
Answer: I-130 petition must be filed by US citizen helping an eligible relative apply to immigrate to the United States and get Green Card. So, US citizen who is going to sponsor your GC will be petitioner. Therefore, your spouse needs to create an account and submit from there.
2) Do they want those papers from my wife ( the US citizen ) or myself ( the one who wants the green card ) ?
Answer: You will need to provide both of them documents.
Below is documents checklist:

• Evidence of U.S. citizenship, lawful permanent residence, or U.S. national status:
  • A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing you were born in the United States;
  • A copy of your naturalization or citizenship certificate issued by USCIS or the former Immigration and Naturalization Service (INS);
  • A copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate;
  • A copy of your unexpired U.S. passport;
  • An original statement from a U.S. consular officer verifying you are a U.S. citizen with a valid passport; or
  • A copy of the front and back of your Permanent Resident Card (also known as a Green Card or a Form I-551).
• Evidence of family relationship:
  • Spouse: A copy of your marriage certificate
    • Evidence you or your spouse terminated any prior marriages (if applicable)
• Evidence of the bona fides of the marriage, if petitioning for a spouse:
  • Documentation showing joint ownership of property;
  • A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
  • Documentation showing that you and your spouse have combined your financial resources;
  • Birth certificates of children born to you and your spouse together;
  • Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired their knowledge of your marriage; and
  • Any other relevant documentation to establish that there is an ongoing marital union.
• Proof of legal name change (if applicable); and
• Two passport-style photographs (if applicable).

Thanks

[TinoK1980]

Hi,

Thank you for the quick response and detailed information. We just don't want to mess it up so I want to be prepared as much as I can. The documents you all listed shouldn't be a problem. We're married 10 years and have 2 kids ( 8 and 9).

There's one thing I couldn't find good information online.
When it comes to the Affidavit of support either my wife can the sponsor or her parents.

She lives in Germany for 10 years but doesn't have an income ( I made enough so far ) but she has stocks worth around 60.000$ and cash around 25.000$ in the U.S.

"The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size."

"Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guidelines and actual household income."

Reading that I have 2 questions.

Since I can't sponsor myself and she only has cash how do we calculate that req. amount when she doesn't have an income?
Our kids have the US passport ( birth abroad ) they dont need to be sponsored, its just me correct?


As a second option we have her retired parents that are well off financially but we would like to see if we can do it by ourselves.

Is she able to be my sponsor or should we add her parents too?

Thank you
Greetings

[TinoK1980]

Hi there

Anyone with an idea about the sponsoring?