How to sponsor a spouse or family member to NYC in 2012

The process for sponsoring a spouse or family member to the United States is as follows:

An immigrant visa petition using form I-130 must be filed by the sponsor, along with enough proof to prove that the person being sponsored is indeed the sponsor’s spouse or family member. This immigration visa petition must be approved by the US Immigration and Naturalization Services.

The Department of State will decide if an immigrant visa number is available for the person being sponsored, whether they are in the United States or not. If or when one is available, an application is made to have a number assigned.

If the spouse or family member being sponsored is within the United States, they could apply to have their status adjusted (from whatever they are now, whether it be an international student, a foreign worker, etc) to a lawful permanent resident after a visa number is available for them.

If the spouse or family member being sponsored is outside of the United States, they have to go apply to the United States Consulate or Embassy in their country to secure an immigrant visa number.

Please note that some relatives may not have to wait for a visa number.

Who can sponsor a spouse to the US?

A sponsor must be a US citizen or green card holder and be able to prove this. They must earn an income at 125% over the poverty line, and be able to prove that they earn this much when they file for an affidavit of support to sponsor their spouse.

Sponsoring a spouse is a big undertaking. You must guarantee that you will support your spouse financially when they arrive in the United States and that they will not end up using social services or welfare.

A divorce in the United States does not end the sponsorship agreement. The sponsorship agreement for a spouse in the United States only ends when:

The sponsored spouse becomes a naturalized citizen.
The sponsor or sponsored spouse dies.
The sponsored spouse leaves the United States for good.

Our immigration law firm has been helping bring families together in the United States for over 15 years, and our experienced immigration attorneys have the knowledge and resources to help you and your family as well. Please don’t hesitate to contact us! We can help.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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