Gavin Howe
If you are a citizen of a country, you may be able to sponsor your spouse, parents, or children to immigrate and join you. The ability to sponsor family members often depends on the country of residence and the citizenship status of the sponsor. For example, in the United States, only citizens can sponsor their parents, while green card holders can only sponsor their spouse or children. In Canada, citizens, permanent residents, and individuals registered under the Canadian Indian Act can sponsor their spouse, common-law partner, or dependent children.
| Characteristics | Values |
|---|---|
| Country | Canada |
| Who can be sponsored? | Spouse, common-law partner, conjugal partner, dependent children |
| Who can sponsor? | Canadian Citizen, a person registered in Canada as an Indian under the Canadian Indian Act or permanent resident of Canada who is 18 years of age or older |
| Sponsorship for parents | Allowed |
| Sponsorship for parents-in-law | Allowed, but the spouse cannot be the principal applicant |
| Sponsorship for parents with a green card | Not allowed |
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What You'll Learn
Sponsoring parents-in-law in Canada
Sponsoring your parents-in-law in Canada is possible, but there are a few things to keep in mind. Firstly, you must be a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act, or a permanent resident of Canada and be 18 years of age or older. As a sponsor, you must also promise to provide financial support for the basic needs of your family members and their dependent children.
To initiate the process, you must first apply to become a sponsor, and your parents-in-law must apply for permanent residence. Both applications should be submitted together at the same time. If your parents-in-law are dependent children, you must submit the digital Additional Family Information (IMM 5406) form and list them as the principal applicants.
There are specific forms that need to be completed and signed by you and your parents-in-law, such as the Statutory Declaration of Common-Law Union [IMM 5409] and the Income Sources for the Sponsorship of Parents and Grandparents [IMM 5748]. These forms can be filled out on a computer using Adobe Reader 10 or higher, which reduces mistakes and potential delays.
It's important to note that the Immigration and Refugee Protection Regulations assess a sponsor's family size and minimum necessary income on a year-by-year basis for the three tax years preceding the application. This includes any increases or decreases in family size, such as births, marriages, or divorces.
Lastly, ensure that you provide all the required forms and documents, as incomplete applications will not be accepted for processing.
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Sponsoring parents-in-law in the US with a green card
If you are a US citizen and want to sponsor your parents-in-law for a green card, you must be at least 21 years old. Green card holders cannot petition to bring parents to live permanently in the US.
To petition for your parents-in-law to live in the US as green card holders, you must first prove your US citizenship. You can do this by presenting a US passport, birth certificate, consular report of birth, naturalization certificate, or certificate of citizenship. You will also need to provide evidence of any legal name changes for you and your spouse, as well as for your parents-in-law.
Your parents-in-law will need to apply for a family-based immigrant visa. There are two categories of this type of visa:
- Immediate relatives of US citizens: spouses, unmarried children under 21, or parents. An unlimited number of visas are available in this category.
- Other relatives of a US citizen: eligible children or siblings. This includes F1 visas for unmarried children who are 21 or older, and F2A visas for spouses and unmarried children under 21 of green card holders.
If your parents-in-law are outside the US, they will be notified to go to the local US consulate to complete their visa processing once their Form I-130 petition is approved. They will receive a passport stamp upon arrival in the US, which will allow them to work until they receive their green cards. If your parents-in-law are already in the US, they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time as you file Form I-130. They can also apply for employment and travel authorization while their case is pending.
Please note that if your parents-in-law have minor children abroad, those children cannot be sponsored on the same petition.
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Sponsoring parents-in-law in the US as a citizen
Sponsoring your parents-in-law to live in the US as a citizen requires you to be a US citizen yourself and at least 21 years old. You will need to submit a United States Citizenship and Immigration Services (USCIS) Form I-130, and each person you sponsor will need a separate form. If your parents-in-law are outside the US, they will be notified to go to the local US consulate to complete their visa processing once the form is approved.
If your parents-in-law are 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. They can also apply for employment and travel authorization using Form I-765 and Form I-131, respectively. It is important to note that your parents-in-law's minor children (your spouse's siblings) cannot be sponsored on the same petition.
As a US citizen, you can sponsor four types of relatives for a Green Card, including your spouse, unmarried children under 21, parents, and siblings. Sponsoring your parents-in-law falls under sponsoring parents, for which you must meet the age requirement of 21 years or older.
To prove your eligibility as a sponsor, you will need to provide proof of your US citizenship and your relationship with your parents-in-law. This may include legal name change documents, such as a marriage certificate, divorce decree, or court judgment of name change.
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Financial requirements for sponsoring parents-in-law
The financial requirements for sponsoring parents-in-law vary depending on the country. Here is an overview of the financial requirements for Canada and the United States:
Canada:
In Canada, there are specific financial requirements that must be met to sponsor parents or grandparents. The sponsor must demonstrate that they have sufficient income to support their family, which includes the individuals they are sponsoring. This is known as the "family size" requirement. The sponsor and any co-signer must provide income information for the three tax years preceding the application. For example, for the 2024 intake, sponsors will need to provide income information for the 2021, 2022, and 2023 tax years.
Additionally, sponsors in Canada must commit to supporting their sponsored family members by signing a sponsorship agreement, known as an "undertaking." This agreement outlines the financial responsibilities of the sponsor. It is important to note that Quebec has its own immigration sponsorship requirements, which are assessed by the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI).
United States:
In the United States, sponsoring parents for permanent residence or a Green Card involves meeting certain financial requirements. The sponsor must be a U.S. citizen and at least 21 years old. They must provide documentation proving assets or income that satisfy 125% of the poverty guideline. This can be done by submitting Form I-864, Affidavit of Support. If the sponsor's income falls short of the threshold, they may seek a joint sponsor to assist in fulfilling the financial criteria.
To initiate the process, sponsors can file Form I-130, which demonstrates the parent-child relationship. If the parents are already in the U.S., they may file Form I-485 for adjustment of status, allowing them to stay in the country while their Green Card application is processed. Alternatively, if sponsorship is not an option, parents can apply for a B2 visitor visa, which allows for temporary visits without authorizing work or permanent residency.
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Application forms for sponsoring parents-in-law
In Canada, if you are sponsoring your spouse or partner and a child (either their own child or a child you've had together), you must name your spouse or partner as the principal applicant and the child as the dependant in the application. If the child you want to sponsor has a child of their own, you must include the grandchild as a dependant in the application.
To show that they meet the eligibility requirements, your spouse, partner, dependent child, and their dependent children (if applicable) must provide:
- All required forms and documents with their application.
- Any additional information requested during processing, including any applicable background and security checks.
You cannot sponsor someone who is inadmissible to Canada.
If you are sponsoring a dependent child (under the age of 18) and they have another parent who is not immigrating to Canada, the parent/guardian applying from Canada must submit a signed copy of the Declaration From Non-Accompanying Parent/Guardian For Minors Immigrating to Canada [IMM 5604]. This form must be accompanied by a piece of photo identification from the parent/guardian who is not accompanying the minor to Canada.
If you are a Canadian citizen who is sponsoring a spouse or partner, and you have a child together, your child may be a Canadian citizen, even if they were not born in Canada.
You must also meet the minimum income requirement if the spouse or partner you are sponsoring has a dependent child who has a dependent child of their own, or if the dependent child you are sponsoring has a dependent child of their own. The income requirement is based on Statistics Canada's annual Low-income Cut-Off (LICO). If you must meet the MNI requirement, you must include a Financial Evaluation (IMM 1283) form with your application.
In the United States, you can only apply for your parents once you become a citizen. If you have a green card, you can only file for your spouse or children. If you are a citizen, your parents should use Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, to apply for travel authorization. If your parent is currently in the United States, they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time as you file Form I-130.
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Frequently asked questions
No, you can only apply for your parents once you become a citizen. If you have a green card, you can only file for your spouse or children.
Yes, you can. They are eligible to change status if they have entered the US legally, even if they have stayed for many years. They would file for an I-130 petition, which is a family-based petition.
Yes, you can. You will have to submit two separate sponsorship applications, one for each of your spouse's parents. On your application, you must designate one of them as the principal applicant and their spouse as a dependant.
Yes, you can. You will need to submit separate applications for your divorced in-laws. If they are separated but not divorced, you will need to submit one application for them because they are still married.
Yes, you can. You must meet the minimum income requirement if the dependent child has a dependent child of their own. The income requirement is based on Statistics Canada's annual Low-Income Cut-Off (LICO).
