What is a spouse petitioner?

Asked by: Dessie Hammes  |  Last update: January 23, 2026
Score: 4.6/5 (37 votes)

A spouse petition is a request made by a U.S. citizen or legal permanent resident to the USCIS to bring their alien spouse into the United States and obtain permanent residence status for them (also known as a green card). This process is also commonly referred to as “sponsorship.”

Who is considered the petitioner?

The petitioner is the party who presents a petition to the court. On appeal, the petitioner is usually the party who lost in the lower court. This can be either the plaintiff or defendant from the court below, as either of the parties can present the case to a higher court for further proceedings. See also respondent .

What is a petitioner in marriage?

The spouse who files the initial petition for dissolution of marriage (divorce) is the petitioner in the case.

Is the petitioner the spouse beneficiary?

The I-130 petition is a form filed to establish a family relationship between a US citizen or green card holder (the petitioner) and a foreign spouse (the beneficiary). This form is required not just in marriage-based cases but also when you're sponsoring parents, children, or siblings to come to the US.

Who is the petitioner in an application?

Petitioner: A U.S. citizen or lawful permanent resident family member or employer (or the employer's agent) who files a family-based or employment-based immigrant visa petition with USCIS.

Unemployed Petitioner Filing for Spouse

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Who is the applicant who is the petitioner?

The applicant of the petition is also called the petitioner "Petitioner" is any person, other than the applicant, seeking relief from the State Engineer where the relief sought falls within the jurisdiction of the State Engineer's statutory duties and responsibilities.

How do you know who is the petitioner?

The person who filed the case is the Petitioner.

Is your spouse automatically your beneficiary?

In most cases, your spouse inherits your estate upon your death. But that may not be the case with your IRA. Typically, a spouse who isn't a beneficiary of an IRA is not entitled to receive, or inherit, the assets when the account owner dies.

Am I the petitioner or beneficiary?

Terminology: Petitioner = U.S. Citizen. A Noncitizen Relative = Beneficiary/Visa Applicant.

Who fills out spouse beneficiary form?

If you are filing for your spouse, he or she must complete and sign Form I-130A, Supplemental Information for Spouse Beneficiary. If your spouse is overseas, Form I-130A must still be completed, but your spouse does not have to sign Form I-130A.

What is a spousal petition?

In California, a spousal property petition provides a simple, streamlined way for community and separate property to be transferred from a deceased spouse to a surviving spouse.

Does it matter who is the petitioner?

The person who files first, called the petitioner, does not get any preferential treatment compared to the person responding to the divorce petition, known as the respondent.

Is it better to file for divorce jointly or separately?

The purpose is to allow the couple to consider reconciling or let the couple adjust to their new situation. Filing jointly can save a lot of stress, time, and money. Couples who are in agreement on all of the issues in their divorce should consider taking this route.

What do you mean by petitioner?

/pəˈtɪʃ. ən.ɚ/ a person who organizes or signs a petition. law specialized.

Who would be the petitioner?

"Petitioner" refers to the party who petitioned the Supreme Court to review the case. This party is variously known as the petitioner or the appellant. "Respondent" refers to the party being sued or tried and is also known as the appellee.

What is the responsibility of a petitioner?

It is the petitioner's responsibility to ensure that proof of personal service has been filed with the court. The respondent must be served with a copy of the Petition, the Domestic Case Information Sheet, and the Summons.

Who is the applicant petitioner?

Petitioner: A U.S. citizen or lawful permanent resident family member or employer (or the employer's agent) who files a family-based or employment-based immigrant visa petition with USCIS. Applicant: A foreign citizen who is applying for a nonimmigrant or immigrant U.S. visa.

What will happen if the petitioner dies?

If your petitioner has passed away before the completion of your I-130 petition, you will need to find another petitioner to take their place. The USCIS requires this so that immigrants who are coming to the United States do not become the responsibility of the United States government.

What is proof of marriage for I-130?

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.

Does everything automatically go to a spouse after death?

While some marital assets pass by default to the surviving spouse, some assets pass to the surviving spouse by way of beneficiary designations. There are two types of designations: payable-on-death (POD) designations and transfer-on-death (TOD) designations.

What happens if my husband dies and my name is not on the house?

In many cases, the spouse can inherit your house even if their name was not on the deed. This is because of how the probate process works. When someone dies intestate, their surviving spouse is the first one who gets a chance to file a petition with the court that would initiate administration of the estate.

Does life insurance automatically go to your spouse?

Is your spouse automatically your beneficiary on life insurance? If you live in a community property state, your life insurance payout will automatically go to your spouse, even if you have named someone else the beneficiary.

Is the petitioner the beneficiary?

The petitioner is the U.S. citizen or Green Card holder, who is petitioning to bring their family members to the United States from other countries. The principal beneficiary is the primary beneficiary of the petition, for example, the spouse, sibling, or parent of the petitioner.

Is the petitioner listed first or second?

In the trial court, the first name listed is the plaintiff, the party bringing the suit. The name following the "v" is the defendant. If the case is appealed, the name of the petitioner (appellant) is usually listed first, and the name of the respondent (appellee) is listed second.

What if the petitioner does not show up?

But, on occasion, the plaintiff—the person who initiates a lawsuit by filing a complaint—fails to show up. If this happens to you, the judge will likely dismiss the matter, but not always, and the plaintiff might be able to refile the case.