What petition is better to my son’s dad?

UPDATED: Oct 1, 2022

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What petition is better to my son’s dad?

Im a new green card holder my father is my
petitioner. Im with my 11months old son and my dad
work everyday because he is supporting us. I want to
work but i cant because im taking care of my son
and the baby sitter is so expensive so whats the best
advice to get my son’s dad here to work and help my
dad? I dont have work so i dont have an affidavit of
support. Is there an another way?

Asked on November 14, 2017 under Immigration Law, Hawaii


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

if you now have a green card, you can petition your son's dad assuming he is also your husband.  if not, you would need to get married first before petitioning for hiim because otherwise there is no qualifying family relationship for you to petition for him.  as for affidavit of support, you can always have your father or another US citizen or green card holder act as a joint sponsor for affidavit of support purposes.

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