Gavin Howe
If you are a US citizen or permanent resident, you may be able to sponsor a family member for a Permanent Resident Card (Green Card). To sponsor your family member, submit a United States Citizenship and Immigration Services (USCIS) Form I-130. You must be a US citizen and at least 21 years old to petition for your parents to live in the US as Green Card holders. Sponsoring a foreign-born spouse and multiple stepchildren creates obvious financial challenges for would-be petitioners with lower incomes.
Sponsoring a family member for a Permanent Resident Card (Green Card)
| Characteristics | Values |
|---|---|
| Who can sponsor? | U.S. citizen or permanent resident |
| Who can be sponsored? | Close relatives of U.S. citizens, such as spouses, unmarried children under 21, or parents |
| Requirements | The sponsor must be at least 21 years old and must prove they have the financial capacity to support their relative |
| First step | Submit a United States Citizenship and Immigration Services (USCIS) Form I-130 for each person being sponsored |
| Additional forms | Form I-485, Application to Register Permanent Residence or Adjust Status; Form I-765, Application for Employment Authorization; Form I-131, Application for Travel Document |
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What You'll Learn
- Sponsoring a father-in-law requires US citizenship and being 21+ years old
- Submit a USCIS Form I-130 for each person you sponsor
- Submit an affidavit of support for your father-in-law (I-864 form)
- If your father-in-law is in the US, they can apply for employment and travel authorisation
- Your father-in-law can apply for US citizenship after five years of having a green card
Sponsoring a father-in-law requires US citizenship and being 21+ years old
Sponsoring a father-in-law to come and live in the United States requires the sponsor to be a US citizen and at least 21 years old. Permanent residents are not eligible to sponsor their parents to live in the US. To start the process, the sponsor must submit a United States Citizenship and Immigration Services (USCIS) Form I-130. The sponsor must also provide proof of their relationship to their father-in-law, such as a marriage certificate and proof of their US citizenship status.
Each person sponsored requires a separate Form I-130, and the sponsor must prove they have the financial capacity to support their relative and ensure they do not become a "public charge". This means relying on means-based public assistance. The income requirement varies depending on the number of dependents the sponsor has. For example, in 2023 and 2024, a US citizen with no existing dependents and sponsoring a foreign-born spouse would need to show an income of $24,650. However, if that citizen were also sponsoring five stepchildren, their required income would increase to $56,775.
If the sponsor's relative is outside the US, they will be notified to go to their local US consulate to complete the visa process. If the relative is already in the US, they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, simultaneously with Form I-130. The sponsor's relative may also apply for employment and travel authorization while their case is pending, using Form I-765 and Form I-131, respectively.
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Submit a USCIS Form I-130 for each person you sponsor
To sponsor your father-in-law to come and live in the United States, you must be a US citizen and at least 21 years old. Green Card holders are not permitted to sponsor their parents to live in the US permanently.
To begin the process, you must submit a USCIS Form I-130, Petition for Alien Relative, for each person you sponsor. This form can be filed online or by mail. If you are applying for a fee waiver, you must submit a paper version of the form by mail. The filing fee for Form I-130 can be paid with a money order, personal check, cashier's check, or credit or debit card. If you pay by check, it must be made payable to the US Department of Homeland Security. Filing fees are non-refundable, even if your application is denied.
The purpose of Form I-130 is to establish your qualifying relationship with your father-in-law and prove that you are eligible to file the petition. It is the first step in helping your relative apply for a Green Card and immigrate to the United States. To be approved, you must provide supporting documents to prove your US citizenship or Green Card status and your relationship with your father-in-law. These documents may include birth certificates, marriage certificates, or other proof of a legal name change. If any required documents are missing, USCIS may request additional evidence or deny the petition, so it is important to submit a complete application.
After your Form I-130 is approved, your father-in-law may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If your father-in-law is outside the US, they will be notified to go to the local US consulate to complete the visa processing. If they are already in the US, they may be eligible to file Form I-485 simultaneously with your Form I-130.
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Submit an affidavit of support for your father-in-law (I-864 form)
To submit an affidavit of support for your father-in-law to bring him to the US, you will need to fill out Form I-864, also known as the Affidavit of Support Under Section 213A of the INA. This form is used to accept financial responsibility for a relative who is seeking a green card to live in the United States.
To qualify as a financial sponsor for your father-in-law, you must be a US citizen and at least 21 years old. If you have sponsored others in the past, you must count them on your new Affidavit of Support unless your obligations to them have ended. You will also need to provide a separate Form I-864A for each person whose income you will use to qualify, including yourself. If any of these individuals are not the intending immigrant or your dependents, you must also provide proof of their relationship to you and residency in your household.
As part of the form, you will need to provide a copy of each household member's individual federal income tax return, including W-2s and 1099s, for the most recent tax year. You may also submit this information for the previous three years if you believe it will help your application. If you are using assets to qualify, you must provide documentation of these assets, including their location, ownership, date of acquisition, and value, as well as any liens or liabilities against them.
If you are filing Form I-864 directly with USCIS, you can send it to the USCIS Chicago lockbox. There is no fee if you file outside the United States, but there is a fee for filing within the country. The processing time for Form I-864 is typically around 9.5 months, but this may vary depending on your specific situation.
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If your father-in-law is in the US, they can apply for employment and travel authorisation
To sponsor your father-in-law to come and live in the US, you must be a US citizen and at least 21 years old. If your father-in-law is already in the US, they can apply for employment and travel authorisation while their case is being processed. They should use Form I-765, Application for Employment Authorisation, and Form I-131, Application for a Travel Document, to apply for travel authorisation. These forms will allow your father-in-law to work for any employer and do not restrict them to a specific trade or profession.
If your father-in-law is outside the United States, they will need to go to their local US consulate to complete the visa process. If their visa petition is denied, the denial letter will include information on how to appeal and the timeframe within which to do so.
It is important to note that if your father-in-law has minor children abroad, they cannot be sponsored on the same petition as their parent. However, once your father-in-law becomes a permanent resident, they may file a new petition for any qualifying relative.
As a non-immigrant visa holder, your father-in-law may be able to work in the US temporarily with a work permit (Employment Authorisation Document or EAD). To qualify for this, they must file Form I-765 for a work permit.
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Your father-in-law can apply for US citizenship after five years of having a green card
To sponsor your father-in-law to come and live in the United States, you must be a US citizen and at least 21 years old. If you meet these requirements, your father-in-law can apply for a Green Card, which will allow him to become a permanent resident.
Once your father-in-law has a Green Card, he can apply for US citizenship after five years of permanent residency. This process is called naturalization, and it is the most common path to US citizenship for those not born in the country. To be eligible for naturalization, your father-in-law must meet certain requirements. These include demonstrating good moral character, an attachment to the principles of the US Constitution, and knowledge of US history and government fundamentals. He must also take an Oath of Allegiance to the United States.
It is important to note that the time it takes to become a naturalized US citizen can vary depending on location. Additionally, certain applicants may be exempt from the English test for naturalization and may instead take the civics test in the language of their choice.
If your father-in-law is married to a US citizen, he may be eligible for US citizenship after only three years of permanent residency. Similarly, if he serves in the US military, he may qualify for citizenship through naturalization, regardless of his marriage status or length of residency.
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Frequently asked questions
Yes, as a US citizen, you can sponsor your father-in-law by submitting a United States Citizenship and Immigration Services (USCIS) Form I-130. You must also provide proof of your relationship, such as a marriage certificate.
Unfortunately, lawful permanent residents cannot sponsor their parents.
You can name multiple family members on the same Form I-130 to start the process. However, you must prove you have the financial capacity to support them, so they don't become a "public charge".
If your father-in-law is in the US, they can apply for an adjustment of status by filing Form I-485. They can also apply for employment and travel authorization using Forms I-765 and I-131, respectively.
