How To Sponsor Your Spouse To The United States?

Want to sponsor your spouse to the U.S.? Here is everything explained, from the most used methods to the required documents for filing for a sponsorship.

Getting married to a citizen or permanent resident of the United States is one of the most common routes for immigration to the country. If you marry a citizen or a green card holder from the United States, they may be able to sponsor your entry as a permanent resident.

However, sponsoring a spouse or family member is a challenging and drawn-out process. Your sponsor will need to prove that they have the resources to support you financially, and you both will need to present proof that your marriage is genuine and not solely for immigration purposes.

The two methods to apply for a spouse sponsorship

Route 1: If the partner lives abroad, they will apply for the consular processing method. When a spouse applies to sponsor their foreign partner, their application is sent to the American consulate of the foreign spouse’s country.

Route 2: For candidates already in the United States, the second option is the Modification of Status option. These candidates are frequently tourists or those with temporary visas, such as work permits or student visas, who eventually marry U.S. citizens. The applicant modifies their status in these applications.

Required documents and forms

The applicant must provide the following to complete the process:

Form I-130, Application for Alien Relative (signed and properly fee-paid), along with other necessary paperwork, such as:
- a duplicate of your marriage certificate
- A copy of all divorce judgments, death certificates, or annulment judgments proving that you and/or your spouse’s previous unions were dissolved
- Pictures of you and your partner in passport style (see Form I-130 instructions for photo requirements)
- Proof of each legal name modification you or your spouse has undergone (may include marriage certificates, divorce decrees, court judgment of name change, adoption decrees, etc.)

Other documents include copies of sponsoring partner documents, such as:

U.S. birth certificate OR
The Consulate Report of Foreign Birth OR
Naturalization certificate OR
Citizenship certificate

If you have a Green Card and are a permanent resident, you must provide proof of the following:

A copy of Form I-551 (Green Card), front and back, OR
Copy of your valid passport with a stamp indicating temporary proof of permanent residency

Frequently Asked Questions

Can my partner visit and reside in the U.S. while the visa application is pending?

Once you submit Form I-130 and are a citizen of the United States, your spouse is qualified to apply for a non-immigrant K-3 visa. As long as the visa petition is pending, this will give the foreign partner right to come to the U.S., live, and work.

To apply, fill out Form I-129F, Alien Fiancé Request, to request this benefit (e). You should be aware that filing Form I-129F is optional. Your partner can be abroad while their immigration visa is processed. However, applying for a K-3 visa may be another way for them to enter the country.

Can I appeal if my petition is rejected?

The rejection letter will outline how to appeal and the deadline to appeal if your visa petition is rejected.

If you decide to appeal, the Board of Immigration Appeals will receive your application after you have completed the appeal form and paid the necessary fee.

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