Cameron Miranda
Permanent residents in Canada and the United States can sponsor their spouses to become permanent residents of their respective countries. In the United States, a permanent resident or citizen can sponsor their foreign national spouse by filing a Form I-130, Petition for Alien Relative. This process can take up to several years. In Canada, a permanent resident or citizen must be at least 18 years old, prove their financial stability, and commit to supporting their spouse financially for a specific period, usually three years. There is a five-year sponsorship bar in Canada, which means that if a spouse or partner sponsored an individual, they cannot sponsor a new spouse or partner within five years of becoming a permanent resident.
| Characteristics | Values |
|---|---|
| Country | Canada, United States |
| Sponsor Requirements | Citizen or permanent resident, 18+ years old, financially stable, living in the country |
| Applicant Requirements | Spouse or common-law partner, medically and criminally admissible, in a genuine relationship |
| Application | Form I-130 Petition for Alien Relative, with documentary evidence of relationship and sponsor's residency status |
| Additional Notes - Canada | Sponsorship agreement for 3 years, previous sponsors must have met financial requirements |
| Additional Notes - US | Conditional permanent residence for 2 years, advance parole for immigrants, 3/10-year bar for visa overstay |
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What You'll Learn
Sponsoring a spouse in the US
To sponsor a spouse to live in the United States as a permanent resident, you must be either a US citizen or a permanent resident (Green Card holder) yourself. Permanent residents may petition for, or "sponsor", their foreign national spouses to become permanent residents. The immigration process is initiated by filing a Form I-130, Petition for Alien Relative, with the US Citizenship and Immigration Services (USCIS). This form must be accompanied by documentary evidence of the spousal relationship and the sponsor's permanent resident status. Additionally, the USCIS typically requires extensive evidence that the couple's relationship is genuine. Marriage entered solely for immigration purposes is a crime, and the foreign national will be barred from ever having a visa petition approved.
If you are a US citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will allow them to come to the US to live and work while the visa petition is pending. Alternatively, they may wait abroad for immigrant visa processing. If you are a permanent resident and filed Form I-130 for your spouse on or before December 21, 2000, your spouse may be eligible for the V visa classification if more than three years have passed since the form was filed.
If you have been married for less than two years when your spouse is granted permanent resident status, their status will be conditional. To remove the conditions, you and your spouse must apply together using Form I-751, Petition to Remove the Conditions of Residence. You must apply within the 90-day period before the expiration date on the conditional resident card; otherwise, your spouse's resident status will be terminated, and they may be subject to removal from the US.
Your spouse and/or children may be eligible for following-to-join benefits if the relationship existed when you became a permanent resident and still exists, and if you received an immigrant visa or adjusted status in a preference category. In this case, you may submit Form I-824, Application for Action on an Approved Application or Petition, along with a copy of the original application or petition for immigrant status.
Please note that sponsoring a spouse can be a lengthy process, with long waiting times, sometimes several years, before the sponsored individual becomes a permanent resident.
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Sponsoring a spouse in Canada
If you are sponsoring a spouse living in Canada, also known as inland sponsorship, both you and your spouse must remain in the country during the application process. This sponsorship category is applicable for spouses or common-law partners and excludes conjugal partners. One of the benefits of inland sponsorship is that the sponsored spouse may be eligible for an Open Work Permit, allowing them to work and study in Canada.
On the other hand, if your spouse lives outside of Canada, you would pursue outland sponsorship. This option provides more flexibility, as the sponsor and sponsored spouse can travel in and out of Canada during the application process. However, Canadian citizens choosing this route must demonstrate their intention to return to Canada once the application is approved.
Regardless of the sponsorship category, there are certain requirements that sponsors must meet. Sponsors must not be receiving social assistance for reasons other than disability, and they must be able to provide financial support for the basic needs of their spouse and any dependent children. Additionally, sponsors must reside in Canada if they are permanent residents. There is also a five-year sponsorship bar, which means that if you were previously sponsored by a spouse or partner, you cannot sponsor a new spouse within five years of becoming a permanent resident.
In terms of the length of undertaking, there are slight variations depending on the province. For most of Canada, the undertaking is valid for three years from the day your spouse becomes a permanent resident. However, in Quebec, the undertaking period is different, and sponsors must submit their application to both the IRCC and the Ministère de l'immigration, de la francisation et de l'intégration (MIFI). Quebec has also imposed a cap on family sponsorship applications, with a limit of 13,000 applications between June 26, 2024, and June 25, 2026.
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Permanent residents living abroad cannot sponsor
In Canada, permanent residents can sponsor their spouse, common-law partner, or conjugal partner to become permanent residents. However, permanent residents living abroad cannot sponsor their spouse from outside of Canada. To be eligible for sponsorship, the sponsor must demonstrate an intent to reside in Canada once their spouse becomes a permanent resident.
If you are a Canadian permanent resident living in Canada and want to sponsor your spouse, common-law partner, or conjugal partner, you must be 18 years of age or older. Your spouse may be living with you in Canada or living overseas. If your spouse lives with you in Canada, they may be eligible for an Open Work Permit.
If you are sponsoring a spouse or partner and you were previously sponsored as a spouse, common-law or conjugal partner, and became a permanent resident of Canada less than five years ago, the five-year sponsorship bar applies. This means that you cannot sponsor a new spouse or partner within five years of becoming a permanent resident, even if you became a Canadian citizen within those five years.
The Canadian spousal sponsorship program is a key part of Canada's immigration system, facilitating family reunification by allowing Canadian citizens and permanent residents to bring their loved ones to live with them in Canada. Marrying a Canadian does not automatically grant the spouse Canadian permanent residence. The spouse will become a Canadian permanent resident only after the spousal sponsorship application is approved.
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Five-year sponsorship bar
The five-year sponsorship bar is a regulatory amendment that bars a sponsored spouse or partner from sponsoring a new spouse or partner for five years. This amendment came into force on March 2, 2012, and applies to applicants who submitted their applications on or after this date. Those who submitted their applications before this date are not subject to this restriction.
The purpose of this amendment is to deter 'marriages of convenience', where individuals enter into non-bona fide relationships to obtain status in Canada. It also aims to prevent sponsored spouses from abandoning their sponsors soon after becoming permanent residents and then seeking to sponsor a new spouse or partner.
The amendment applies even if the sponsored person acquired citizenship during the five-year period. However, it does not apply if the sponsor acquired citizenship during that period, as long as they were a permanent resident for at least the first part of that time.
In addition to the five-year bar, there is a related change that was pre-published on March 10, 2012, which has not yet come into effect. This change states that the sponsorship between spouses, common-law, or conjugal partners is subject to the condition that the couple lives in a conjugal relationship for two years, beginning once the permanent residence status is granted. This condition would apply to couples who were in a two-year relationship with no children at the time of the sponsorship application. If the condition is not met, the permanent resident status of the sponsored person and their accompanying family members could be cancelled.
It is important to note that permanent residents living abroad cannot sponsor a spouse or partner from outside of Canada.
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Spousal sponsorship program in Canada
The Canadian spousal sponsorship program allows Canadian citizens and permanent residents to sponsor their spouse, common-law partner, or conjugal partner for permanent residency in Canada. The program aims to keep families united by letting citizens and permanent residents bring their loved ones to live with them in Canada.
Eligibility
To be eligible, the sponsor must be a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act, or a permanent resident of Canada who is 18 years of age or older. The sponsored spouse must be legally married to the sponsor, or have lived together in a conjugal relationship for at least one continuous year.
Types of Sponsorship
There are two main types of spousal sponsorship: Outland and Inland. The former is for when the spouse being sponsored lives outside of Canada, and the latter is for when the spouse lives in Canada with the sponsor but does not plan to stay for the entire duration of the application process.
Financial Support
Sponsors must also agree to provide financial support for the basic needs of the sponsored spouse and their dependent children for three years. This includes medical expenses not covered by public health insurance, such as dental and eye care. There is no specific income requirement to sponsor a spouse.
Work Permit
If the sponsored spouse or partner lives in Canada, they may be able to apply for an Open Work Permit.
Application Process
The spousal sponsorship application process can be complex, and it is recommended to seek the guidance of an experienced immigration lawyer or consultant. The application forms must be completed and submitted to Immigration, Refugees, and Citizenship Canada (IRCC), along with the necessary supporting documents. These documents may include police certificates, proof of relationship, and proof of obstacles preventing the couple from living together or getting married.
Withdrawal of Application
It may be possible to withdraw the sponsorship application if the sponsored person has not yet become a permanent resident of Canada. However, once the application is approved, the sponsorship cannot be cancelled or withdrawn, even if the sponsor's personal or financial situation changes.
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Frequently asked questions
To sponsor a spouse for permanent residency in the US, you must be a US citizen or a Green Card holder. You must then file a Form I-130 Petition for Alien Relative with the U.S. Citizenship and Immigration Services (USCIS).
To sponsor a spouse for permanent residency in Canada, you must be a Canadian citizen or permanent resident living in Canada. You must also be 18 years old or older and be able to prove your financial stability.
The length of undertaking for sponsoring a spouse in Canada is typically three years from the day your spouse becomes a permanent resident.
The spousal sponsorship program is part of Canada's family reunification policy, which allows Canadian citizens and permanent residents to bring their spouses or common-law partners to live with them in Canada.
It typically takes between 6 and 8 months to hear whether a Form I-130 has been approved by the USCIS.
