
If you are a US citizen or permanent resident, you can sponsor certain close family members for a Green Card. This includes your spouse, unmarried children under 21, or parents, provided you are 21 years of age or older. Other eligible family members include siblings, step-siblings, and children over the age of 21. However, it is important to note that US citizens and permanent residents cannot directly sponsor their grandparents, cousins, aunts, uncles, parents-in-law, or other extended family members. Sponsoring a foreign-born spouse and multiple family members requires a higher income to support them and prevent them from becoming a public charge. The process for sponsoring a family member for a Green Card involves submitting Form I-130, along with documents proving the family relationship and the sponsor's status as a citizen or permanent resident.
Sponsoring in-laws for a Green Card
Characteristics | Values |
---|---|
Who can be a sponsor? | A U.S. citizen or a permanent resident (green card holder) |
Who can be sponsored? | Spouse, unmarried children under 21, or parents |
Sponsoring parents-in-law | U.S. citizens can sponsor their parents-in-law if they are 21 years of age or older |
Sponsoring other in-laws | U.S. citizens cannot directly sponsor their grandparents-in-law, cousins-in-law, aunts-in-law, uncles-in-law, or other extended family members |
Sponsoring multiple family members | Procedurally simple if they can all be named on the same Form I-130 |
Sponsoring multiple immigrants | U.S. petitioners must prove they have the financial capacity to support them at a level that will keep them from becoming a "public charge" |
What You'll Learn
Sponsoring in-laws for a green card: eligibility
Sponsoring in-laws for a green card is a lengthy and complex process with specific eligibility requirements. Firstly, it is important to note that only U.S. citizens or permanent residents (green card holders) can sponsor family members for a green card. This means that if an individual is a U.S. citizen or permanent resident, they may be able to sponsor their in-laws for a green card, but they must meet certain eligibility criteria.
To be eligible to sponsor in-laws for a green card, the U.S. citizen or permanent resident must be able to prove their citizenship or permanent resident status. This can be done by providing the necessary documentation, such as a birth certificate, passport, or other forms of identification. Additionally, the sponsor must demonstrate that they have a genuine relationship with their in-laws by providing evidence such as marriage certificates, birth certificates, or other relevant documents.
In terms of financial requirements, the sponsor must prove that they have the financial capacity to support their in-laws during their stay in the United States. This means that the sponsor's income must be sufficient to cover the basic needs of their in-laws, including housing, food, and other essential expenses. The specific income requirements may vary depending on the number of family members being sponsored and the cost of living in the particular state or region.
It is important to note that there are limitations on who can be sponsored for a green card. U.S. citizens and permanent residents cannot directly sponsor their in-laws, including parents-in-law, grandparents, cousins, aunts, uncles, and other extended family members. However, if the in-laws are already in the United States and have a different type of visa, they may be able to adjust their status and apply for a green card through a different category, such as through employment or investment.
The process of sponsoring in-laws for a green card typically involves submitting a Form I-130, Petition for Alien Relative, along with supporting documentation. The sponsor may also need to provide an Affidavit of Support (Form I-864), demonstrating their financial capability to support their in-laws. It is recommended to consult an immigration lawyer or an authorized immigration representative to guide the sponsor and their in-laws through the process and ensure that all requirements are met.
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Sponsoring in-laws: the process
To sponsor your in-laws for a green card, you must be a US citizen and at least 21 years old. Unfortunately, lawful permanent residents cannot sponsor their in-laws. To begin the process, you must submit a United States Citizenship and Immigration Services (USCIS) Form I-130. Each person you sponsor will need a separate Form I-130, and you can submit the form online or by mail.
The process for your relative to immigrate to the US requires that both you, as the sponsor, and your relative, as the visa applicant, complete the necessary steps. The process is different depending on whether your family member is already in the US or abroad. If your foreign-born family member is currently overseas, they cannot enter the United States until both the I-130 petition and a number of subsequent applications have been approved.
If you are sponsoring a child, you need to prove your citizenship and provide proof that you are the biological parent, adoptive parent, or step-parent of the child. A "child" is defined as an unmarried person under 21 years of age. If the child is married or 21 years of age or older, they are considered a "son" or "daughter".
It is important to note that you cannot directly sponsor your grandparents, cousins, aunts, uncles, parents-in-law, or other extended family members. However, if they are allowed to immigrate to the United States, they may be able to bring their spouses and children with them.
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Sponsoring in-laws: financial requirements
Sponsoring in-laws for a green card is possible, but it is essential to understand the financial requirements and obligations involved. Here is a detailed overview of the financial aspects of sponsoring in-laws for a green card:
Financial Requirements for Sponsoring In-Laws:
- Income Requirements: The most common minimum annual income required to sponsor a spouse or family member for a green card is $25,550. This amount assumes that the sponsor is not on active military duty and is sponsoring only one relative. The income requirement may be higher if the sponsor is supporting multiple family members.
- Proof of Income: Applicants need to provide information from their most recent tax returns and current income. It is recommended to submit up-to-date pay stubs and evidence of the current salary rate to strengthen the application.
- Affidavit of Support (Form I-864): The sponsor must sign an Affidavit of Support, agreeing to use their financial resources to support the sponsored individual. This is a legally enforceable contract, and the sponsor's responsibility typically lasts until the sponsored individual becomes a US citizen or completes 40 quarters of work (usually 10 years).
- Financial Stability of the Sponsor: The sponsor must demonstrate financial stability and accept financial responsibility for the incoming immigrant. This includes ensuring that the sponsored individual does not require financial assistance from the government. If the sponsored individual receives any means-tested public benefits, the sponsor is responsible for repaying those costs.
- Joint Sponsorship: If the sponsor's household does not meet the minimum income requirement, they can seek a joint sponsor. A joint sponsor is someone who does not live in the sponsor's household but accepts full financial responsibility for the relative seeking the green card. The joint sponsor must meet the income requirements independently and submit their own Form I-864.
- Income Sources: The sponsor's total annual income can include wages, salaries, retirement benefits, alimony, child support, dividends, interest earned, and other legal sources. Income from other adult household members can also be included if they agree to contribute to supporting the sponsored relative.
- Financial Evaluation Form: In certain cases, such as when sponsoring a spouse or partner with dependent children, a Financial Evaluation form (IMM 1283) may be required to demonstrate that the sponsor meets the minimum income requirement.
- Repayment of Government Assistance: If the sponsored individual receives social assistance or public benefits, the sponsor is responsible for repaying those amounts to the government. The sponsor will not be able to sponsor anyone else until they have fully repaid the amount.
- Lawsuits and Legal Responsibility: If the sponsor fails to provide financial support, the sponsored individual can file a lawsuit to collect the required support. The sponsored individual can sue the sponsor for the difference between their income and 125% of the poverty guidelines. Joint sponsors and household members who contribute to meeting the minimum income requirements are also legally responsible for financially supporting the sponsored individual.
In summary, sponsoring in-laws for a green card comes with significant financial obligations. Sponsors must meet minimum income requirements, provide proof of financial stability, and sign a legally binding Affidavit of Support. It is important to carefully consider and plan for these financial requirements before initiating the sponsorship process.
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Sponsoring in-laws: required documents
To sponsor your in-laws for a green card, you must be a US citizen and meet certain eligibility requirements. Here are the documents you will need to gather to initiate the process:
- Form I-130: You will need to submit a Form I-130, Petition for Alien Relative, for each in-law you wish to sponsor. This form establishes the relationship between you and your in-law.
- Proof of Citizenship: As the sponsor, you must provide proof of your US citizenship, such as a passport or birth certificate.
- Proof of Relationship: You will need to demonstrate the relationship between you and your in-law. For example, if you are sponsoring your spouse's parents, you will need to provide a marriage certificate and proof that your spouse is the biological, adoptive, or step-child of the parents.
- Financial Documents: You will need to prove your financial ability to support your in-law. This includes providing tax returns, proof of income, and employment verification. Form I-864, Affidavit of Support, is a legally binding contract that the sponsor signs, agreeing to financially support the immigrant.
- Address Verification: If you are a US citizen living in the country, you must provide proof of your residence. Form I-865, Sponsor's Notice of Change of Address, is required if you change your address during the sponsorship process.
- Visa Information: Depending on the specific situation, your in-laws may need to apply for an immigrant visa. The availability of visas varies depending on the relationship to the sponsor and the category of family-based preference.
- Additional Forms: In certain cases, your in-laws may need to submit additional forms, such as Form I-485, Application to Register Permanent Residence or Adjust Status, or Form I-601, Application for Waiver of Grounds of Inadmissibility.
It is important to note that the process and requirements may vary depending on individual circumstances and the specific situation of your in-laws. It is always recommended to consult with an immigration lawyer or an official source for the most up-to-date and accurate information.
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Sponsoring in-laws: alternatives
US citizens or permanent residents (green card holders) can petition to bring certain close family members to the United States, often known as "sponsoring" them. However, there are limits to who can be sponsored. US citizens or green card holders cannot directly sponsor their in-laws for a green card.
There are four types of relatives that a US citizen can sponsor for a green card:
- Adult or minor children: To sponsor a child, you must provide proof of US citizenship and proof that you are the biological parent, adoptive parent, or step-parent of the child. A "child" is defined as an unmarried person under 21 years of age, while a "son" or "daughter" is a person who is married or 21 years of age or older.
- Spouse: US citizens can sponsor their spouses for a green card, but polygamy and bigamy are not allowed.
- Siblings: To sponsor a sibling for a green card, you must be a US citizen who is 21 years of age or older. This includes biological siblings, as well as siblings related through adoption or a step-parent.
- Parents: Similar to sponsoring a sibling, you must be a US citizen who is 21 years of age or older to sponsor a parent.
It is important to note that lawful permanent residents (green card holders) cannot sponsor their parents, married children, or siblings. Additionally, neither US citizens nor green card holders can directly sponsor their grandparents, cousins, aunts, uncles, parents-in-law, or other extended family members.
However, if a family member is able to immigrate to the United States, they may be permitted to bring their own spouses and children with them, even if they are not considered "immediate relatives."
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Frequently asked questions
No, U.S. citizens or permanent residents cannot directly sponsor their in-laws for a green card.
A U.S. citizen or permanent resident can sponsor their spouse, unmarried children under 21, or parents for a green card.
No, lawful permanent residents cannot sponsor their married children for a green card.
The first step is to submit Form I-130, along with copies of documents proving the family relationship, such as a birth or marriage certificate, and proof of U.S. petitioner's status as a citizen or lawful permanent resident.
Yes, a person can sponsor their biological, adoptive, or step-siblings for a green card. To do so, the person must be a U.S. citizen who is 21 years of age or older.