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If you are a U.S Citizen who wants to sponsor or “petition” for your partner, spouse, or minor children that live in America, there is a pretty lengthy process you need to go through to make sure you are applying for the correct application. Not only do you need to fill out the application for them to be supported in America, but also you need to file the application for adjustment of status for their permanent residency, around the same time you file your sponsorship information. You are also required to file a form I- 864 which is an affidavit of support, submit that and your petition for your relative and also include the application for adjustment of status for yourself as a resident.
I-864 is the Affidavit of Support form that you use to show that you have adequate finances to support you and your family when going to the U.S, and that you will not be ending up using and depending on the U.S government for financial support programs. The form is about 16 pages long, should be completed in capital letters and is electronically completed. Once finished, print out and mail it, it is not recommended to submit the form online/ electronically. When it comes to filling out the form the principal immigrant or the person who is going to be the beneficiary of the person who needs the visa, is responsible for submitting their taxes to show they have adequate funds to support their spouse.
A U.S citizen or lawful permanent resident (LPR) must be at least 18 years or older, this person shall have a “domicile” that is in America. A domicile is a living complex, generally it will be investigated per case. However to be considered a sponsor the citizen must have a primary residence in America, and they need to show that they intend to keep up with the upkeep of it indefinitely. LPR’s must also show their permanent status and if they live outside of the country and are only here on a “temporary” basis there are some things that are considered. To be considered in the U.S to be domiciled you need to show that you didn’t leave the states for an unspecified period of time, you need to show that your leave was temporary. You shall show that you want to keep the property in the United States, and you need to show that you have ties to the U.S, basically provide evidence that you are planning on staying here with your spouse/ partner you will be sponsoring.
If you are a holder of a green card and are wanting your husband/wife to join you in the U.S you need to file a form I-130, once you complete this form and an available visa has become accessible, it will be sent to the consulate or the embassy and they will process the information. You must establish/ prove your status by showing a few documents:
a front and back copy of your green card
a stamp on your passport showing temporary evidence of permanent residence
This is the first step to helping your family member/ partner immigrate to the United States, once this Petition for Alien Relative form is filled out then the eligible candidates need to wait until a visa number is available. It is at this point once the number is available they can then apply for either an immigrant visa, or an adjustment of status to a lawful permanent resident. It consists of seven pages, and the form filing fee is about USD$420. If you are near Chicago or Phoenix then it is recommended you file it at the Lockbox or you are able to file at the U.S Embassy or consulate that is within your jurisdiction, to have your petition considered accepted, it is required to be properly signed, fees paid, and the whole form must be completed correctly. Alongside this form it is important to include documentation such as: proof of marriage, proof of past marriages or divorces, photos of you and your spouse’s etc.
If your marriage is new and you have been married for less then two years, and your spouse is accepted and receives permanent resident status, they generally will get status on a conditional basis. It is important that these terms and conditions are put on the visa and it is there to make sure that you did not get married to evade and break immigration laws that are in the U.S. There is a 90-day period that occurs and you are allowed to apply to have your conditions removed from your conditional status, by filling out a Form I-751 , Petition to Remove the Conditions of Residence. If you do not remove them then your spouse’s status will be terminated and they might be removed from the United States.
The conditions on your residence can be removed if you are married to the same person after two years, if you have children it is a good idea to include them in the application as well- especially if they had received conditional-resident status at the same time as you. If you fill out Form I-751 it will have more information regarding your eligibility requirements.
There are many things to consider when you are applying to have your spouse join you in the U.S, a lot of things to consider not only for yourself but also for your spouse. If you need help with organizing your forms, finding the place where to file we can help! Our team is here to guide you in all aspects of immigration, we believe in always finding a way especially when it comes to connecting you to your loved ones. Call Akrami & Associates for your Spousal Sponsorship to the United States, 416-477-2545
With Akrami & Associates, there is always a way!!
