Are You Eligible for Spousal Sponsorship?
If you are married to a US Citizen or a Green Card holder, your spouse may be eligible to sponsor you by filing an I-130 Petition. However, your spouse must earn an income that is equivalent to at least 125% above the poverty line. If this is not the case, your spouse will have to have a co-sponsor or co-signer complete an I-864 application form. Of course it is more complicated than this. Further if your spouse is not a US Citizen and only a Green Card holder or a US Permanent Resident, then the application can take much longer, usually a number of years to process.
There are also two different application procedures available for US Citizen Spouses:
- The Consular Processing application where the foreign spouse usually remains outside the US while the application is in process and the application is forwarded to that spouse’s local US Consulate.
- The Adjustment of Status (AOS) process. This process is for applicants who are already in the US usually as visitors, workers or students and who marry a US Citizen and want to remain in the US while their Spousal Petition is in process. This application involves filing an AOS application (Form I-485) along with the other applications such as the I-130 and I-864. The application is usually filed the local district office in the state you live in.
NOTE: that if you file an AOS application you cannot leave the US until the application has been approved unless you also file an I-131 application for Application for Advance Parole with the other AOS documents.
Why Hire Us to Assist Your Spousal Sponsorship Case?
We have helped thousands of individuals to successfully get U.S. permanent residence through family-based petitions, and we can help you too!
The first step towards a successful family sponsorship application is getting an assessment of your case. Fill out our free immigration assessment form and we will get back to you within 24 hours to discuss your eligibility and options.
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