1. "Should I fill out the forms as the petitioner or my husband?" You ARE the petitioner/sponsor due to your familial relationship to your parents, regardless of income (or lack thereof). Only you can petition them . Husband cannot.
2. Your husband's income can be taken into account on the I-864 you are obligated to file.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 24 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
If you are the child of your parents over 21 years of age and a US citizen, you can petition for your parents. Your spouse cannot petition for your parents and does not need a separate affidavit of support if you reside in the same household and file taxes together.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
As these are your parents, you would petition for them on the I-130. You will also need to "sponsor" them on the I-864, though there is a way to include your husband's income. There are several other forms to file as well, and it sounds like you would benefit from the guidance of an immigration attorney. An attorney will evaluate your parents' immigration history to ensure they are eligible to adjust status and receive green cards and will know all the forms you will be required to submit and ensure the appropriate supporting documentation is added. There are lots of places where someone can make a mistake that cause long delays. Wishing you good luck.
Answers to questions are for general purposes only and do not establish an attorney-client relationship. To get legal advice for your situation, contact an attorney for a private consultation.
The petitioner is you - the US child over 21. Review the I864 instructions at www.uscis.gov regarding joint sponsors.
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