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Are you a citizen of the United States? Interested in sponsoring your spouse? This may get to be a confusing process. Essentially, your spouse will live in the US as a Green Card Holder with you if your application is successful. However, there are specific steps towards this process that differ depending on your situation. You will want to make sure that you follow the correct procedure to ensure higher chances of success.
You may only sponsor your spouse to the US if you are either a citizen or a permanent resident (Green Card Holder). As a US citizen, there are two different processes: one for if your spouse to be sponsored is inside the US, and a separate one for if they are living outside of the US. If your spouse is living inside the US lawfully, there are two major forms you will need to complete. The first is Form I-130, Petition for Alien Relative. This form is intended to establish the relationship between you and your spouse to be sponsored. The other form you will need to fill out is Form I-485, Application to Register Permanent Residence or Adjust Status. This form will enable your spouse to be a permanent resident of the US (if the form is adequately completed and ultimately accepted). Ensure that you properly fill out both forms, and submit them at the same time.
If your spouse is living outside of the United States, you will only need to fill out Form I-130, Petition for Alien Relative. This form will establish the relationship between you and your spouse. One approved, it will be sent to the consulate or embassy for processing. They will assess it, then provide notifications to you on how to proceed.
As a Green Card Holder, you are still permitted to sponsor your spouse. Again, there are two different processes depending on the location of your spouse. If your spouse is living outside of the US, you will only need to apply for Form I-130, Petition for Alien Relative. Once this form has been approved, you will be given a visa number. After you receive this visa number, you may apply to adjust your spouse’s status to permanent residency using Form I-485, Application to Register Permanent Resident Status or Adjust Status. Note that your spouse must have a record of lawfully living in the United States; he/she cannot be illegally living in the country. If your spouse is living outside of the US, it is a similar process as if you were a citizen and you would only need to fill out Form I-130, Petition for Alien Relative. However, the difference is that you will need to wait until a visa number is available. Once this visa number has been obtained, your form will be sent to the consulate/embassy to review and they will notify you how to proceed.
Note that special conditions apply for members of the US military. This includes if you are a military member, or if one of your family members is a military member. Visit the U.S. Citizenship and Immigration Services website for more information is this is your case (uscis.gov).
Regardless of your specific situation, there is a list of documents you will need to apply for sponsorship. Ensure that these forms are properly and legibly completed. These documents are likely related to and described in Form I-130, Petition for Alien Relative. This form must be properly filled out, signed, and be sent along with its fee. Note that there are additional documents to include with this form. One of these documents you must include is the G-325A, Biographic Information form. This form will provide biographic information about you and your spouse; thus, you must provide two signed copies (one for each partner in the relationship). Other documents you must include are: a copy of your marriage certificate, passport photos, evidence of legal name changes, documents detailing any previous marriages you or your spouse may have had (eg. photocopies of divorce papers, death certificates, etc). Furthermore, you (as the sponsor) will need to prove your status in the United States. If you are a US citizen, you may do so by providing photocopies of any of the following: US passport, US birth certificate, Consular report of Birth Abroad, naturalization certificate, or a certificate of citizenship. Note that you do not need to include all of these documents; one is enough. If you are a Green Card Holder, you may demonstrate your status using either a copy of your Green Card (which is also known as Form I-551) or a copy of your foreign passport if this passport contains a stamp proving your permanent residency.
It is important to note that when providing photocopies of documents, both the front and back (if there is anything on the back) must be provided.
You start your application by filling out Form I-130, Petition for Alien Relative. This form can take anywhere from three to six months for it to be processed. After this, you will likely be put on a waiting list until your spouse can get an Immigrant Visa. This waiting list can be for up to two years. After this process is complete, the only thing you will need to wait for is to receive the Immigrant Visa. This will take an additional three to six months.
However, even though there is a long wait time for your application, your spouse can still come to the US while waiting. Once the Form I-130 has been filed, your spouse can immediately apply for a Nonimmigrant K-3 Visa. To do so, they will need to fill out Form I-129F. This will ultimately give them the ability to live and work in the United States while their application is pending. However, certain restrictions may apply, so be sure to visit the U.S. Citizenship and Immigration Services website to see if your spouse is eligible.
One of the major factors that may affect your application is the length of time for which you and your spouse were married. If your spouse has been married to you for less than two years, your spouse may not get a full permanent residency. Rather, they will receive a Permanent Resident Status on a conditional basis. This means they will receive a Conditional Resident card, which places limitations on your spouse’s residence. You may, however, remove the condition by filing Form I-751, Petition to Remove the Conditions of Residence. This form must be applied together (both you and your spouse) and be filed before the 90-day expiry date that is specified on your spouse’s Conditional Resident card.
If your application to sponsor your spouse is rejected, you will receive a denial letter. You may be able to appeal this rejection, and the directions to do so will be specified on the denial letter. If you follow the directions and provide the correct fee, the appeal will successfully reach the Board of Immigration Appeals, who will process it and provide you with information on how to proceed.
If you are in the situation of applying to sponsor your spouse, have had your application rejected, or have any questions in general, please feel free to call Akrami and Associates. Our dedicated team will be happy to assess your situation and assist you with any difficulties you may be having. With Akrami and Associates, there is always a way!
