
If you are a US citizen, you may be wondering if you can sponsor your in-laws for a Green Card. While you cannot sponsor your in-laws, your spouse can if they are a US citizen aged 21 or older. If your spouse is a Green Card holder, they cannot sponsor their parents. To start the immigration process, your spouse will need to file a Form I-130, along with copies of documents proving their relationship with their parents, such as a birth certificate, and proof of their status as a citizen.
Characteristics | Values |
---|---|
Sponsoring in-laws | Not possible for US citizens |
Sponsoring parents | Possible only if the sponsor is a US citizen and is 21 years or older |
Sponsoring a spouse | Possible for US citizens |
Sponsoring children | Possible for US citizens |
Sponsoring siblings | Possible for US citizens |
Sponsoring multiple family members | Procedurally simple; all can be named on the same Form I-130 |
Sponsoring immediate relatives | Each one needs their own visa petition |
Sponsoring multiple immigrants | Limited by the sponsor's income |
Sponsoring a foreign-born spouse with no existing dependents | Required income of $24,650 in 2023 and early 2024 |
Sponsoring a foreign-born spouse with five stepchildren | Required income of $56,775 in 2023 and early 2024 |
Sponsoring parents of a Green Card holder | Not possible |
Sponsoring parents of a US citizen | Unlimited availability of immigrant visas |
Sponsoring parents living in the US | File Form I-485 to adjust their status to Permanent Resident |
Sponsoring parents living outside the US | Follow the consular processing route |
What You'll Learn
US citizens can't sponsor their in-laws for Green Cards
US citizens cannot sponsor their in-laws for Green Cards. This means that a US citizen cannot file a petition for their in-laws to immigrate to the US as permanent residents. However, if their spouse is a US citizen, they can sponsor their parents (the US citizen's in-laws) by filing Form I-130. A separate Form I-130 must be filed for each parent.
If the in-laws are already in the US, they may be able to apply for Form I-485 to adjust their status to Permanent Resident. If they are outside the US, they need to follow the consular processing route. Their application will be sent to the National Visa Center, and once Form I-130 is approved, they must fill out Forms DS-260 and DS-261.
It is important to note that sponsoring family members for Green Cards requires the sponsor to have a domicile in the US or its territories or possessions. This usually means that the sponsor must live in the US. However, if the sponsor lives abroad, they may still be eligible if they can demonstrate that their residence abroad is temporary and that their domicile remains in the US.
Additionally, there are financial requirements for sponsoring immigrants. The sponsor must meet certain income requirements, which increase with the number of family members being sponsored. The sponsor also accepts legal responsibility for financially supporting the sponsored family members until they become US citizens or accumulate 40 quarters of work (usually 10 years).
While US citizens cannot directly sponsor their in-laws for Green Cards, they can support their spouse in becoming a citizen, which would then allow them to sponsor their parents.
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A US citizen's spouse can sponsor their parents for a Green Card
US citizens cannot sponsor their in-laws for a Green Card. However, if the US citizen's spouse is also a US citizen, they can sponsor their parents for a Green Card. To do this, the citizen must be at least 21 years old and file Form I-130, demonstrating their financial ability to support their parents. They must also provide proof of their relationship with their parents, such as a birth certificate. If the citizen's parents are already in the US, they may be able to adjust their status to Permanent Resident by filing Form I-485. They can also apply for employment and travel authorization using Forms I-765 and I-131, respectively. On the other hand, if the citizen's parents live outside the US, they must follow the consular processing route. Their application will be sent to the National Visa Center, and they will need to fill out Forms DS-260 and DS-261 after Form I-130 is approved.
It is important to note that sponsoring multiple family members can be challenging due to the financial requirements. The required income amount increases with the number of dependents, and alternatives may need to be considered. Additionally, while there is no limit to the number of people for whom one can file petitions, immediate relatives each need their own visa petition.
The process of sponsoring a spouse's parents for a Green Card can be complex, and it is always recommended to consult with an immigration lawyer to discuss specific circumstances and explore all available options.
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The spouse must be 21 or over and a US citizen
US citizens and green card holders can sponsor certain family members for lawful permanent residence in the US. However, US citizens cannot sponsor their in-laws for Green Cards. If you are a US citizen, you can only sponsor your spouse, parents, children, and siblings.
If your spouse is a US citizen and over the age of 21, they can sponsor their parents (your in-laws) to get a Green Card. To do this, your spouse must file Form I-130, which is a separate form for each parent. This form is used to petition for their parents to live in the US as Green Card holders. Once the petition is approved, the next steps depend on where the parent lives. If the parent is already in the US legally, they may be able to apply for Form I-485 to adjust their status to Permanent Resident. If the parent lives outside the US, they will need to follow the consular processing route. Their application will be sent to the National Visa Center, and once Form I-130 is approved, they will need to fill out Forms DS-260 and DS-261.
The spouse acting as the sponsor will also need to sign an Affidavit of Support (Form I-864). This is a legally enforceable contract, where the sponsor agrees to use their financial resources to support the sponsored immigrant. The sponsor's responsibility usually lasts until the sponsored immigrant becomes a US citizen or is credited with 40 quarters of work (around 10 years).
It is important to note that sponsoring multiple immigrants can be challenging, as the required income amount increases with each additional dependent. For example, in 2023 and early 2024, a US citizen with no existing dependents and sponsoring a foreign-born spouse (a total household of two people) would need to show an income of $24,650. However, if they were also sponsoring five stepchildren in the same year (for a total household of seven people), the required income would increase to $56,775.
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The spouse must file a separate Form I-130 for each parent
US citizens and green card holders can file Form I-130, Petition for Alien Relative, to establish their relationship with an eligible relative who wishes to immigrate to the United States. This form is used to prove that the sponsor has a genuine family relationship with the person they are sponsoring for a green card and that they are willing to support them financially.
If a US citizen wishes to sponsor their in-laws, their spouse must be a US citizen and file a separate Form I-130 for each parent. This is because US citizens can only file Form I-130 petitions for their spouses, children, parents, and siblings. The spouse must be 21 years of age or older to be eligible to sponsor their parents.
The process for sponsoring in-laws begins with the spouse filing a separate Form I-130 for each parent. If the petition is approved, the next steps depend on the parent's location. If the parents are already in the US legally, they may be able to apply for Form I-485 to adjust their status to Permanent Resident. If the parents are outside the US, they need to follow the consular processing procedure. Their application will be sent to the National Visa Center, and once Form I-130 is approved, they will need to fill out Forms DS-260 and DS-261.
It is important to note that sponsoring in-laws can be a lengthy and complex process. The spouse must provide evidence of their US citizenship, such as a birth certificate, and documents proving their relationship with their parents, such as birth or marriage certificates. Financial documents, such as tax returns and bank statements, may also be required to demonstrate the ability to support the sponsored individuals.
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The sponsor must provide financial support for the sponsored
A US citizen or permanent resident can sponsor a foreign-born family member for a Green Card (lawful permanent or conditional residence). However, it is important to note that US citizens cannot sponsor their in-laws for Green Cards. Only a spouse who is a US citizen and 21 years or older can sponsor their parents for a Green Card.
The income requirements for sponsors depend on the number of people they are sponsoring. For example, in 2023 and early 2024, a US citizen with no existing dependents sponsoring a foreign-born spouse would need to show an income of $24,650. However, if the citizen were to sponsor a spouse and five stepchildren, the required income would increase to $56,775.
If the sponsor's income is lower than the Poverty Guidelines, they must sign an Affidavit of Support and find additional sponsors to help the foreign-born person immigrate. Alternatively, the sponsor can try to bring their income up to the required level by adding the intending immigrant's income to their own, as long as the immigrant's income will continue from the same source after getting the Green Card.
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Frequently asked questions
No, a US citizen cannot sponsor their in-laws for a Green Card. However, if their spouse is a US citizen, they can sponsor their parents.
The US citizen spouse must file a separate Form I-130 for each parent. If the in-laws are in the US, they may be able to apply for Form I-485 to adjust their status to Permanent Resident. If they are outside the US, they need to follow the consular processing route.
The income requirement varies depending on the number of people being sponsored. For instance, in 2023/early 2024, a US citizen with no dependents sponsoring a foreign-born spouse would need an income of $24,650. If they were also sponsoring five stepchildren, this would increase to $56,775.
Form I-864, Affidavit of Support, is a contract the sponsor signs agreeing to financially support the immigrant(s) until they become US citizens or are credited with 40 quarters of work. The sponsor is usually the petitioner and must be at least 18 years old and a US citizen or permanent resident.