Petition by spouse or child? which is better

[ATI52]

Hello!

I have been married to US citizenship for 2 years and my daughter also turned 21 this year. I am wondering if there are any benefits in my daughter vs spouse? or vice versa.

thanks!

 

[newacct]

Does each of them have enough income for the I-864 Affidavit of Support?

 

[ATI52]

i work, i have TPS and can support my self. I actually support them i'd say

 

[newacct]

It doesn't matter if you can support yourself. Unless you have earned 40 quarters of Social Security credits (including credits earned by your spouse during the period of marriage), the I-130 petitioner must sign an I-864. Your income can be counted in your spouse's household income, if your spouse is the petitioner, or in your daughter's household income, if your daughter is the petitioner and you live in the same residence as your daughter.

 

[ATI52]

according to SSA i've earned the 40 credits but my daughter is moving out this summer. So I assume it would have to be my wife?

 

[newacct]

If you have 40 quarters of SS credits, then you can file I-864W, and I-864 is not needed from the petitioner. In that case, whether she's moving out doesn't matter as your income doesn't needed to be added to her household income, since the petitioner's household income doesn't matter. So there isn't really a difference between the two. Your daughter petitioning you would probably be simpler, as your wife's petition would need to provide evidence of a bona fide marital relationship, whereas there isn't much question about the relationship to your daughter.