Can I Sponsor My Family Member?

U.S. citizens can petition and sponsor immediate relatives, which includes their spouse, fiancé, unmarried children under 21, and parents. As petitions for immediate relatives do not have an annual limit, they will be adjudicated as received. Other family members may also be sponsored, but petitions for non-immediate relatives will be subject to yearly limits.

If you are a permanent resident of the U.S., but not a citizen, you can still petition and sponsor your spouse and children, but those petitions will be subject to yearly limits. There are far more green card applications based on marriage to permanent residents than citizens. As a result, demand can be quite high. In either case, it is in your best interest to consult with an experienced Chicago immigration attorney if you wish to petition or sponsor a family member.

Marriage-Based Green Card Process

The requirements for beneficiaries depend largely on whether they are adjusting status from inside the U.S. or obtaining an immigrant visa from outside the U.S. through consular processing. Fiancé petitions must be done through consular processing.

Step one is for the petitioning spouse to file Form I-130, Petition for Alien Relative, with USCIS. This is the same for all marriage-based beneficiaries, whether they are inside or outside the U.S.

Once the I-130 has been approved, the steps are based on whether the beneficiary is adjusting status or going through consular processing. If adjusting status from within the U.S., the beneficiary will file Form I-485, Petition to Adjust Status.

If the beneficiary is outside the U.S., their approved I-130 will be sent to the National Visa Center (NVC), after which the agency will notify the beneficiary spouse to complete Form DS-261, Choice of Agent. If, however, you are already working with an immigration attorney, you will not be asked to complete this form. The beneficiary will then go through processing at a U.S. consulate in their home country.

Proving That Your Marriage is Legitimate

Marriage-based petitions and sponsorship are typically regarded as the easiest way to obtain permanent residency and citizenship in the U.S. However, it is absolutely critical to fill out the application completely and accurately, and to have as much supporting documentation as possible. Even legally valid marriages are sometimes disregarded as shams, entered into for the sole purpose of obtaining immigration benefits. Immigration officials will scrutinize applications to ensure that a marriage is legitimate and that the application submitted was truthful, so the more evidence you can provide to support your case, the better. A skilled immigration lawyer can help you prepare your application and supporting documentation to obtain the best possible outcome.