Spousal sponsorship in Canada is a process where individuals sponsor their spouse, partner, or dependent children to become permanent residents of the country. The process involves submitting a petition for Alien Relative (Petition I-130) with all required documentation, including a work permit. The processing standard for new spousal sponsorship applications is 12 months, but Canada’s federal government has returned to this standard in 2022.
To sponsor another spouse, the petitioner must be at least 18 years old, a permanent resident of Canada or a citizen of Canada. If the sponsoring spouse or partner and a child are involved, they must name the spouse or partner as the principal applicant and the child as the dependant in the application. If the child has a child of their own, they must include the grandchild as a dependant in the application.
US Citizenship and Immigration Services (USCIS) reviews immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse. The same applies to sponsoring a same-sex fiancé (e) to the United States. The sponsor must be at least 18 years old, a resident of Canada, cannot have sponsored a spouse within the last five years, and sign a financial agreement stating they will be financially responsible for the spouse for a period of three years.
The average processing time for Form I-130 is around 12 months, based on analysis by Boundless partner Track My Visa Now. Once married in the U.S., the immigrant can apply for residency (green card) and three years later apply for citizenship. If the immigrant spouse is living outside the U.S. (11-17), they can apply right away.
📹 Sponsoring a Second Spouse
If a US Citizen marries and sponsors an immigrant for a green card, then gets divorced and tries to sponsor a new immigrant …
How long do you need to be married to get a green card?
Two years: Marriage is a simple way to get permanent residence. USCIS gives you two years of conditional residence. After two years, you must file Form I-751 to remove the conditions of residence and get a green card.
It might be hard to travel after marrying an American. Is that true? Yes. If you marry an American or green card holder, be careful about travel. If you are in F, J, or tourist status, you must have a home abroad and intend to return. When you apply for a visa, you have to prove you have ties to your home country. Marriage to a U.S. citizen makes it hard to prove you have ties to your home country because you are assumed to want to immigrate to the United States. If you need a new visa to return to the United States, your will visa is likely to be denied, even if you plan to continue as a full-time student. What if I have a student visa? Can I travel then? As long as you have a valid visa, are a full-time student, and have your I-20 or DS-2019 signed for travel by OIS, you may be able to re-enter the United States even if you have married a U.S. citizen.
Can you marry someone in another country if you’re already married?
If you are married to someone in the U.S., what happens overseas depends on the country. If polygamy is recognized in another country, you may be able to get married again. However, if you return to the U.S., your foreign marriage won’t be recognized. If you are already married in the U.S., you have to get divorced or widowed before you can remarry. Laws vary by state and country. Contact a local family law attorney before planning a wedding in a foreign country.
What happens if you get married and you are already married?
What are the consequences? If you remarry while still married, it’s illegal. Marriage is a legal contract. By marrying again, you are breaking your contract. If you are convicted of bigamy, you could receive a fine of up to $100,000 or up to 40 years in prison. If you commit bigamy, you can be prosecuted in your state based on where you did it, where you live, and where you lived with your new spouse. However, if you thought your first marriage was over when you got married again, the punishment might not be as bad as it would be if you knew you were committing bigamy. Legal Zoom says there are a few ways to defend against bigamy. If the first spouse is missing and it seems they are dead, or if the person representing your spouse didn’t file the paperwork, this could help you. A bigamous marriage is illegal.
The legal system moves slowly. Getting a marriage license shows you and your partner are single and can get married. You can’t plan a wedding until your divorce is final.
How long does it take to bring a spouse to the USA with citizenship?
Spouses of US citizens. USCIS gives priority to I-130 petitions for the spouses of US citizens. These petitions are usually processed in five to twelve months, but may take over two years. In July 2023, the USCIS said that 80% of US citizen petitions for relatives were completed within 28 months.
Spouses of Green Card Holders. The USCIS has a lot of petitions for the families of green card holders, like spouses. Backlogs can affect processing times in different ways, depending on the region and other factors. Green card holders can expect their petition to take 6 to 36 months. The USCIS says that 80% of these petitions are completed within 37 months across all field offices as of July 2023. How long does it take to get an immigration visa for your spouse after the I-130 petition is approved? Your spouse can’t come to the US until your I-130 is approved. Once your petition is approved, it will be sent to the National Visa Center (NVC). The NVC will check your documents and tell you how you and your spouse must complete the immigration process.
Can you get a green card through marriage to a green card holder?
You can only get a green card through marriage if your spouse sponsors you. You can’t apply for your own green card. Your spouse must do it for you. Your spouse must be a U.S. citizen or green card holder to get your green card. How long does it take to get a green card through marriage? It takes about 10 to 38 months to get a marriage green card. Your processing time depends on your marriage status and where you live. If USCIS asks for documents, give them as soon as you can. The longer you wait, the longer it will take to process your petition. Documents needed to apply for a green card through marriage. Documents needed to apply for a green card through marriage include:
Marriage certificate; birth certificate; proof of sponsor’s citizenship or lawful permanent residence; proof of beneficiary’s legal entry to the United States; police clearance certificate; divorce decrees or death certificates from previous marriages; medical examination results; military records; bank statements; tax returns; other supporting documentation.
Can I bring my wife to the USA after marriage?
If you’re a U.S. citizen, you can bring your foreign spouse to the United States in two ways. They are:
Spouse of a U.S. Citizen (IR1 or CR1) – You need to file an immigrant petition for your spouse. Learn more. Nonimmigrant visa for spouse (K-3) – You must file for this visa in the country where you married your spouse. Once the visa is issued, the spouse can travel to the United States to wait for the immigrant visa case to be processed. Two petitions are needed. Petition for Alien Relative, Form I-130, and Petition for Alien Fiancé(e), Form I-129F. Learn more. If you are a U.S. citizen, you can bring your fiancé(e) to the United States to marry and live here with a nonimmigrant visa for a fiancé(e) (K-1). You need an I-129F fiancé(e) petition. Learn more.
How much income do I need to sponsor my husband in USA?
2024 Minimum Annual Income Requirements for Sponsors: 125% of Federal Poverty Guidelines Number of people in your household (including yourself and your spouse) For sponsors in the 48 contiguous states, D.C., and U.S. territories For sponsors in Alaska To get a green card, the sponsor must take responsibility for the foreign spouse’s finances. Applicants must provide information from their most recent tax returns and their current income. For marriage green cards, the minimum income requirements are the same for couples who live outside the United States. These couples should follow the guidelines below for the 48 contiguous states, D.C., and U.S. territories.
Boundless Tip: Boundless immigration attorneys say that Form I-864 is being checked more, so there are more requests for more information. To increase your chances of success, get documents ready in advance, including a recent employment letter and completed federal tax returns. Pay stubs can also help. For more on the sponsor’s financial obligation, see our guide to the Affidavit of Support (Form I-864).
How long does it take for I-130 to get approved for spouse?
The fee for Form I-130 is now $675 and it takes about 12 months to be approved. Filing and getting an I-130 approved doesn’t give you an immigration status. This is the first step in getting a green card. This article explains the cost, approval time, and steps to follow after submitting Form I-130.
I-130 processing times; Form I-130 used for; Form I-130 cost; Form I-130 eligibility; Form I-130 required documents; Alternative documents; What happens after the I-130 is approved?; I-130 FAQs; Boundless guides; Common marriage green card forms; Boundless reviews. The time it takes to get your I-130 petition approved in 2024 depends on two things:
How fast can you get US visa after marriage?
How long does a spousal visa take? The wait time for the CR1 visa is 13.5–15 months if you’re married to a U.S. citizen and 29–40 months if you’re married to a green card holder.
- CR1 Visa Processing Time 2024
- CR1 / IR1 Requirements
- What is the CR-1 Visa?
- What is the IR-1 Visa?
- Differences Between the CR1 and IR1
- CR1 / IR1 Costs
- The CR1 / IR1 Application Process
- Next Steps
- Frequently Asked Questions about Spousal Visas
- Boundless Reviews
- Related Information
What Are Spousal Visas? A CR1 spouse visa (also called IR1) is a green card that allows someone from another country to live in the U.S. with their spouse. If you’ve been married for less than two years, you might get a CR-1 visa (conditional resident). If you’ve been married for two years or more, you might get an IR1 visa (immediate relative). The latest wait time for a spousal visa is about nine months. It’s much longer for foreign nationals married to green card holders in the U.S. The CR-1 visa is now the common alternative to the K-3 visa.
CR1 Visa Processing Time 2024. The average wait time for a spousal visa is about 9.3 months. It varies depending on whether you are married to a U.S. citizen or green card holder.
How long will it take to bring my wife to the USA?
It takes about 11 months to two years to process an I-130 petition filed by a U.S. citizen. If a spouse is a U.S. green card holder, it can take about 20 months to three years or longer. The processing time for an I-130 petition filed by a U.S. citizen for a spouse is currently 11.5 months at the Texas Service Center (TSC). This is only an estimate based on the fact that 80% of these I-130 petitions are completed within that time. But it takes 20 months at TSC for green card holders to get a green card for their spouse. Green Card Processing Time The date you file for your spouse’s green card determines their spot in line for the visa. The wait time for the visa is not affected by the processing time for the I-130 petition. It only determines when the petition is processed during the waiting period.
What is the fastest spouse visa in the USA?
Fiancé(e) and Spousal Visa Application Process and Timeline. If you want to get to the U.S. fast, the K-1 fiancé(e) visa is the fastest option. But if you want a green card quickly, a marriage-based visa is faster. For details on the steps involved, see the K-1 Fiancé Visa and Marriage-Based Immigrant Visa application guides. Overview: K-1 visa processing times have slowed. The average time to get the first step done, USCIS approval of the Form I-129F Petition for Alien Fiancé(e), was between 6 and 15 months in early 2024.
📹 TOP 5 Reasons: Why your Spousal Sponsorship is rejected
Do you plan on bringing your spouse to Canada? Well you have to watch this one as Mark gives us his top 5 reasons why your …
What if you are a U.S. citizen and your non immigrant spouse divorces you because they think you dont have the ability to sponsor them and than marry someone else quickly who they deem eligible. What can that U.S. citizen first spouse do to prevent the non immigrant person from going ahead with their AOS?
It’s so true that previous to the pandemic, an application could be sent back with a request for missing documents. I experienced the shoddy way my consultant worked ‘in the good old days’ for my outland application. I went through my final application with a fine toothed comb and made sure my consultant got it in. It’s been a terrifying journey, even with a consultant. But it has been accepted, filled out a PFL, waited forever, and have heard that my spouse will be scheduled for an interview. FIVE YEARS LATER… I was organized even if my rep wasn’t.
hi i have a question please im the second wife of a man who did not inform about his first marriage and two kids now he has gone to canada on work visa and the file states his first wife only i have registered my nikaah but he is gone now what can i do to make him cone back can i file a fraud case against him?
If there is a final judgement from a court and you have been paying the child support the judgement ordered you to pay according to payment agreements will it be refused ? Do I have to pay everything in full before I sponsor my new spouse? Some tell me if you live in Quebec you have to pay it all before sponsorship and some tell me no
Hello Sir,I just watched this article and it is great info.My husband and I are already married last month and his living in Canada as PR there and I am here in Philippines now,our wedding ceremony is through online from Utah US and we are both in the same place during the ceremony and we already have our marriage certificate.We still didn’t filing our report of marriage form to make it legal here in Philippines.My husband want me to come in Canada and we didn’t know how is possible to do everything.Looking forward to your response,thank you!😊
Over the past two years I was interested in relocating Abroad,I did a survey between, Australia, Canada and UK, I wanted to know which one would suite me as an Immigrant,after the survey I decided to Relocate to Canada,it became my primary aim,I set out to start my Immigration Process,I did my first Application it was not successful,I also did a job application it didn’t work out,I tried so many times and I was beginning to lose hope, luckily i called my sister living in Canada she referred me to a Legit Agent,I tried the agent it really worked out,am so much grateful for your work sir Mr Michael!
So if your girlfriend being the one sponsoring you for a common-law spousal sponsoring in Canada is struggling financially. Will that be a reason for immigration Canada to refuse the application? Also if she has taking a student loan in the past for her career education will it be an issue too if she has to sponsor her common-law partner?
I sponsored a spouse before, but that guy we divorced and he renounced their permanent residence. Does the sponsorship go away? Because I can not find anything online that says it will go away or not. Legally if I am still responsible, shouldn’t it state it somewhere, because I was thinking….. Some people said its still in the 3 year undertaking, but imagine does this mean if they get remarried and get another sponsor, does my sponsorship go away? Do we both have a 50/50 responsibility? So many questions to take into consideration…..