The first step is to file a foreign parent petition, Form I-130, with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) to allow your spouse (husband or wife) to immigrate to the United States. Instructions for filing a petition, including where to send the petition, can be found on the USCIS website. Health insurance applicants must provide proof by attaching the following documents: If you need help, you can find answers to your questions by visiting the Help Center. To complete Form I-944 Public Charge, the spouse applying for the green card must provide: Q: What is the difference between marrying a U.S. citizen abroad or in the United States? How long will we be separated to get the green card? A: If you marry a U.S. citizen in the U.S., you may have to wait a long time to get a green card, but you can stay together while you wait. If you decided to immigrate from outside the U.S. after marrying a U.S.
citizen, the waiting period is much shorter, ranging from a few months to a year. But you will be separated unless your U.S. spouse can visit you abroad. No, spouses of U.S. citizens fall into the category of immediate relatives. As a member of this category, your spouse can immigrate to the United States once the visa process is complete, or even earlier and without additional waiting due to annual visa quotas, which this category is exempt from. The flip side of this right is that immediate relatives are not allowed to bring derivatives. Important information: If your spouse or common-law partner is already working or studying in Canada and wishes to continue, they must apply for an extension before their work or study permit expires.
Let`s see how it works with a practical example. Let`s say you`re a three-person household living in Minnesota, with a U.S. sponsor, and a combined household income totaling $20,000 per year. According to the first chart above, 125% of the federal poverty guidelines for your household size are $27,450 per year. Make sure all photocopies are clear and easy to read. Apart from copies of original documents used for translations, photocopies do not need to be certified. Do not send originals unless we request them as they will not be returned. Q: What should I do if my baby was born abroad? and what documents are required for a child born outside the U.S. with lawful permanent residents? If the sponsor`s entire household does not collectively reach the minimum income, there is another option: No. The 125% minimum income requirement of the federal poverty directive, last year`s tax return, and other requirements only apply if an I-864 form is required. Applicants using Form I-134 must prove that their U.S. sponsor`s income is 100% of the federal poverty policy.
You can sponsor your dependent children outside Canada who meet the following definition: A visa allows a foreign citizen to travel to the U.S. port of entry and apply for permission to enter the United States. You should be aware that a visa does not guarantee entry into the United States. Officials from the Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) have the authority to authorize or deny entry into the United States. Upon arrival at the port of entry, be prepared to present your passport with visa and your unopened/sealed package with your documents to the CBP officer. Travelers should read important information about permits and entry requirements on the CBP website under Travel. Beneficiaries of the preferential classification may be entitled to certain benefits. If you have children who did not receive permanent residence at the same time as you, you may not need to file a separate Form I-130 for your children.
You may also be exempted from waiting for an available visa number. All that may be required is that you, the parent, inform the U.S. consulate of your permanent resident status so that your children can apply for an immigrant visa. Q: I have a green card and will soon be getting married in my home country. How do I apply for a green card for my wife after marriage? A: Since the wedding takes place after your green card is approved, there is a significant waiting period before your wife can get immigration benefits. In this case, the new spouse is a parent of family preference (FB) who falls into category F2A. You must file an I-130 petition with USCIS for your spouse and wait until the priority date becomes common to apply for the immigrant visa or adjustment of status. In the past, the waiting time for the availability of priority dates in F2A was 3-5 years. Therefore, there is a huge difference between marriage before I-485 approval and marriage after approval. $7,450 (foregone earnings) x 3 (for a sponsor with U.S.
citizens) = $22,350 (minimum value of assets you must report) An applicant`s closest relatives in an application. It is defined as spouse or partner, dependent children and their dependent children. Q: As a permanent resident of the United States, can I sponsor my married child to apply for a green card? A: Children of lawful permanent residents can only be sponsored if they are not married and must not marry until the green card is approved. However, if they marry after filing Form I-130, the petition is considered invalid and neither the person nor the new spouse could become green card holders following the filing of Form I-130. Therefore, unmarried children of lawful permanent residents who are the beneficiaries of I-130 petitions based on this relationship should not marry if sponsorship by a legally resident parent is the only means available to them to obtain permanent residence in the United States. U.S. citizens and lawful permanent residents can work in the U.S. without special permission.
However, non-immigrants must obtain permission from USCIS. Thus, some foreigners obtain a work permit from USCIS using this Form I-765. Complete this section only if you are a Canadian citizen living outside Canada and you are supporting a spouse, civil partner or spouse and dependent children who do not have children. Q: How do I check the current priority date for my spouse? If you are a U.S. citizen, your spouse can apply for a K-3 nonimmigrant visa after filing Form I-130. This gives him the right to come to the United States to live and work while the visa application is pending. To petition in support of this achievement, file Form I-129E, Petition for a Foreign Fiancé. Note that you do not need to complete Form I-129E.
Your spouse may be abroad waiting for an immigrant visa to be processed. However, applying for a K-3 visa may be an additional method for him to travel to the United States. For more information, visit the K-3/K-4 Nonimmigrant Visa page. If your spouse or common-law partner already holds a study permit and wishes to maintain their temporary resident status as a student, they can submit a form “Change conditions”, “Extend my stay or stay in Canada” as a student [IMM 5709] (PDF, 488.83 KB). See the guide for instructions. Requirements specific to your country can be found on the Family Sponsorship Application Package website. The sponsored person should not complete the forms in this guide until they have received their file lock. You can request a stay of file application guide or request more information from: The most common minimum annual income required to sponsor a spouse or family member for a green card is $21,775. This assumes that the sponsor – the U.S. citizen or current green card holder – is not on active military service and is sponsoring only one parent. If you are a permanent resident and you filed Form I-130 for your spouse and/or minor children no later than December 21, 2000, your spouse and/or children may be eligible for visa V classification if more than three years have passed since I-130 was filed. For more information on V visas, see the V Nonimmigrant Visas page.
Get the full green card checklist of receipts if both spouses are in the U.S. – all required immigration forms and proof of bona fide marriage in SelfLawyer`s guide. Here`s how to find out how many of your assets you need to include in the affidavit of support as compensation for income: The acquiring spouse and all co-sponsors must provide the following documents: If you have not worked, provide information about what you have done (e.g. unemployed, education, travel, retired, imprisoned, etc.). If you were outside the country of which you are a national, write your status in that country. The U.S. embassy or consulate where you, the spouse of foreign nationality, will apply will give you specific instructions, including where to perform the necessary medical examination. During your interview, inkless digital fingerprint scans will be performed.
Some visa applications require additional administrative processing, which takes longer after the visa applicant has been interviewed by a consular officer. If the passport of the person you are sponsoring or accompanying family members (if applicable) is renewed or replaced while the application is being processed, you must notify us as soon as possible to avoid delays.