Tag Archives: spousal sponsorship requirements for usa

Can I Sponsor my Spouse to the United States

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Can-I-Sponsor-my-Spouse-to-the-United-StatesHow to Bring your Spouse to the United States

Do you wish to have your spouse live permanently with you in the United States? Are you curious or confused on how to do so? The process can seem overwhelming and emotional; however in this article, I will explain the processes and steps in order to sponsor your spouse to the U.S. Specifically, in the U.S., a sponsorship is referred to as a petition and below will be a detailed explanation of who can petition, the requirements of the petitioner and the spouse, and more. At Akrami & Associates, we can try our best to unite you and your spouse permanently.

Who is able to Petition?

In the United States, your status determines who you will be able to petition for. In order for you to petition for your spouse to immigrate to the United States permanently as a green card holder, you must be a:

 

  • U.S. citizen, or
  • Green card holder (permanent resident)

2 Main Ways to Petition for your Spouse

There are two main ways for one to sponsor their spouse in the U.S. This is subdivided by whether you are a U.S. citizen or a green card holder.

U.S. Citizen

If you are a U.S. citizen and you are looking to sponsor your spouse, there are 2 main ways to do so. The two main ways are:

Inside the U.S.: You will have to apply to register as a permanent resident and also fill out the petition for an alien relative form, both at the same time.

Outside the U.S.: You will have to fill out the petition for an alien relative form. If and once the application is approved, then it will be sent for consular processing and the consulate will communicate with the applicant with regards to processing information.

Green Card Holder

If you are a green card holder and you are looking to sponsor your spouse, there are 2 main ways to do so. The two main ways are:

Inside the U.S.: You will have to fill out the petition for an alien relative form. Once you have done this, you will receive a visa number and then you must apply to adjust your status to permanent residency using the application to register as a permanent resident. Keep in mind, while waiting for your visa number, you must maintain your lawful status in the U.S. in order to proceed with adjusting your status.

Outside the U.S.: You will have to fill out the petition for an alien relative form. If and once the application is approved, then it will be sent for consular processing and the consulate will communicate with the applicant with regards to processing information.

Required Documentation for Spousal Petition

Most of the required documentation is from the petitioner applying to sponsor their spouse. However, the spouse that is being sponsored must also provide some details on the forms. Below is a list of documents the petitioner must provide.

  • Completely filled alien relative form that is signed with the proper fee
  • Completely filled and signed biographic information form (one by the petitioner and the other by the spouse)
  • A copy of the marriage certificate
  • A copy of all divorce certificates for all previous marriages that the petitioner and the spouse were involved in
  • Passport style photos of the petitioner and the spouse
  • Documentation with regards to legal name changes for the petitioner or the spouse, if applicable

Furthermore, as a U.S. citizen as well as a green card holder, you must provide proof of your status within the U.S. For instance for a U.S. citizen, they may demonstrate their status with:

  • A copy of your valid U.S. passport
  • A copy of your birth certificate
  • A copy of a Consular Report of Birth Abroad
  • A copy of your naturalization certificate
  • A copy of your certificate of citizenship

Whereas, for a green card holder, they may demonstrate their status with:

  • A copy of the front and back of their green card
  • A copy of your foreign passport which includes a stamp showing temporary evidence of permanent residence

What Constitutes a Conditional Residence & How to Remove Conditions

Your spouse will receive permanent residence status conditionally if you have been married for less than 2 complete years at the time that your spouse received permanent resident status. In order to remove these conditions on their permanent residency, both you and the spouse must fill out the Petition to Remove the Conditions of Residence form. On your spouse’s conditional resident card, there will be a date of expiration, and you must apply to remove the conditional status at least 90 days before that date. Keep in mind, if you forget or do not file for the conditions to be removed during this time frame, your spouse’s residency will unfortunately be void and terminated and they may be subject to removal from the U.S.

The Visa Petition is Pending – Can Spouse Live with Petitioner in the Meantime

Your spouse may be able to come to the U.S. to live with you as long as she/he is eligible and applies for a nonimmigrant K-3 visa. This is also only an option for petitioners who are U.S. citizens. Additionally, the spouse may be able to work in the U.S. with a K-3 visa. This may be a viable option for couples who wish to stay together while the spousal application is processing.

On the other hand, if you are a permanent resident of the U.S. and wish to live with your spouse while their application is being processed, you must have filed an alien relative form on or before December 21, 2000. If this is the case, then your spouse and/or dependent children may be able to apply for the V visa classification, only if more than 3 years have passed since the form was filed.

Contact Akrami & Associates to Petition for your Spouse

It is essential that you have taken all of the aforementioned requirements and documentation into consideration before you attempt to apply for a spousal petition. Spousal petitions are difficult applications to pursue on your own and it is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients unite with their spouses and they are now extremely happy living together in the United States. If you believe that you may be eligible to petition for your spouse, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advise.

With Akrami & Associates, there is always a way!

Who can sponsor family to United States

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Sponsoring Family to USA?

Are you a United States of America citizen looking to sponsor your Canadian fiancée? Do you know if you are eligible to sponsor your family member? Do you think your family member is eligible to be sponsored? Many people do not know most of these things which is the number one culprit of failed sponsorship applications. Another reason many people receive unsuccessful applications is because they misunderstood a section of the application or forgot to include an important documents. Do not worry, if you contact Akrami & Associates we will determine both yours and your family member’s eligibility and help you by providing step-by-step assistance throughout your sponsorship process and ensuring that you are not missing any documentation.

The Different Types of Visas under the US Family Class

For United States family-based visas, there are four different types you can choose from depending your situation/which family member you are going to be sponsoring. Let’s start off by talking about each type of visa. The four different visas are, the Fiancée Visa, the Spouse and Children Visa, the Immediate Relative Visa (also known as IR), and the Family Preference Visa.

US Fiancée Visa

The fiancée visa is issued to a person who is engaged to an American citizen. When you, the sponsor (American citizen), apply to sponsor your spouse to the states, you need to marry your fiancé(e) within 90 days of them coming to America. Once your fiancé(e) is in America, they will then need to apply for a Green Card. A green card is also known as a permanent residency card. A permanent residence card is a card that allows an individual to work and live in the United States. Fiancée visa is also known as a K-1 visa. A K-1 visa if you do choose to sponsor your foreign fiancée, you are required to complete an application called “petition for alien fiancée”.

Spouse and Children Visa

The spouse visa, likewise its name, is a visa you may choose to apply for when you wish to sponsor your spouse (who resides in a different country) to the United States of America. To be eligible to sponsor your spouse you have to be married to the partner and having the marriage certificate.

Immediate Relative Visa

An immediate relative is a family member who is either your spouse, parent or unmarried children. The main requirement to obtain an immediate relative visa is that you, the sponsor, must be a US citizen. In order to acquire an immediate relative visa, you are required to complete the I-130 form. An I-130 form is a Petition for Alien Relative form. Basically, what this form consists of is a lot of space for you to provide your own personal information such as you name, address, date and place of birth, security number etc. Along with these personal questions there are also many spaces to provide information on the person you are going to be sponsoring. The immigration officers/government wants to know if you and the “family member” you are going to be sponsoring are legitimately relatives and not just pretending to be for the sake of the sponsorship. In order to prove that you both are immediate relatives, you will need to provide a lot of documentation proving that you two are indeed related and are immediate relatives.

Family Preference Visa

A family preference visa is much like an immediate relative visa however it has two main differences than that of the immediate relative visa. The two main differences is that for an immediate relative visa, you need to be a United States of America citizen whereas for a family preference visa, you (as the sponsor) do not have to be a U.S. citizen, instead to only have to possess a green card. Spouses and children are eligible to be sponsored by a U.S. green card holder. All in all, a family preference visa is very similar to an immediate family visa.

Who is eligible to sponsor or be sponsored?

In order to be eligible to be sponsored, or vice versa (to sponsor) you have to meet certain requirements. In order to be eligible as a sponsor, the first and most important requirement is that you have to be a permanent resident or citizen of the United States of America. As the applicant, or the person being sponsored, there are quite a few requirements in order to be eligible for sponsorship. You, as the sponsor, must be the age of 18 or over to be eligible for sponsorship. Instead of talking about who is eligible for sponsorship, let’s talk about who is not eligible. If you have committed a previous offence (whatever it may be) depending on how long it has been from the offence and the severity of it, you may not be eligible to sponsor. Another circumstance in which you cannot sponsor a member of the family-class is if you did not pay off an immigration loan, or if you declare bankruptcy, in which case you are financially unstable to take care of anyone you are thinking of sponsoring.

What Documents are Required when applying for US Sponsorship?

As with every government application form you have to include the required and mandatory documentation that is related to your case/situation. Documents are very crucial to your sponsorship process. The main source of documentation includes a photocopy of your current valid passport, a nonimmigrant visa application, which is the DS-160 form, confirmation page. Confirmation and Instructions page printed from this website, you also are required to include a colour photo of you which has been taken within the last 6 months. Family members of the applicant should present an original marriage certificate, if they are the spouse, and/or birth certification for the accompanying unmarried children under the age of 18 (if applicable). Many visa types require additional documents. The most important piece of documentation you are required to include is a copy of proof of your legal status in Canada. As you may know by now, in order for you to be eligible for sponsorship, you must be a permanent resident or citizen of Canada. The most common type of sponsorship is spousal sponsorship. The extra documents required for spousal sponsorship are two petitions, the first being the petition for alien relative, Form I-130, and the second being a petition for alien fiancé(e), which is form I-129F.

Contact Akrami & Associates Today!

At Akrami & Associates, we understand how intimidating and confusing it may be to sponsor a family member who falls under the family-class especially because there are so many categories that one can/may fall under. When you choose to work with the staff at Akrami and Associates, we will tell you which category you or your family fall under and we will help you with your sponsorship by providing you with our knowledge and experience on the topic of sponsorship. At Akrami and Associates we have dealt with over 15,000 cases and the firm has a very high success rate. We have helped hundreds of people with their cases and can help you with yours too! Don’t take any chances by completing the application by yourself, hire Akrami & Associates to increase your chances of a successful application and sponsorship. Remember, it doesn’t matter how big nor how small your case may be, at Akrami & Associates we will do our absolute best to solve your case with a successful outcome because there is always a way!