A US citizen must provide a completed Form I-130, Petition for Alien Relative, along with proof of citizenship such as a valid US passport, birth certificate, or naturalization certificate. Evidence of a genuine marital relationship, including a marriage certificate and photos or correspondence, is also required. Financial documents like Form I-864, Affidavit of Support, demonstrate the sponsor's ability to support the spouse financially.
What Documents Does a US Citizen Need to Sponsor a Spouse?
| Number | Name | Description |
|---|---|---|
| 1 | Affidavit of Support (Form I-864) | The Affidavit of Support (Form I-864) is a legally binding document required by the U.S. Citizenship and Immigration Services (USCIS) for a U.S. citizen petitioning to sponsor a spouse, demonstrating the sponsor's financial ability to support the immigrant spouse above the poverty line. This form requires documentation of the sponsor's income, such as recent tax returns, W-2 forms, and employment verification, to ensure the sponsored spouse will not become a public charge. |
| 2 | Proof of Domicile | A US citizen sponsoring a spouse must provide proof of domicile, such as a recent utility bill, lease agreement, or mortgage statement showing a current residential address within the United States. This evidence confirms the sponsor's intent and ability to maintain a primary residence where the immigrant spouse will live upon arrival. |
| 3 | Form I-130 Petition Receipt Notice | The US citizen must file Form I-130, Petition for Alien Relative, to sponsor a spouse, and upon submission, they will receive the Form I-130 Petition Receipt Notice as proof the petition is being processed by USCIS. This receipt notice contains a unique receipt number used to track the case status online and serves as evidence of the petition's acceptance, which is crucial for subsequent immigration steps. |
| 4 | Tax Return Transcripts (IRS Form 1040) | US citizens sponsoring a spouse must submit Tax Return Transcripts, specifically IRS Form 1040, as proof of financial ability to support the immigrant spouse and meet income requirements. These transcripts provide the most accurate record of income reported to the IRS and are critical for Form I-864, Affidavit of Support, in the immigration petition process. |
| 5 | Joint Asset Documentation | US citizens sponsoring a spouse must provide joint asset documentation such as combined bank statements, jointly-owned property deeds, and shared investment portfolios to prove the authenticity of the marital relationship. These documents help establish financial commingling, which is crucial evidence for USCIS during the immigration sponsorship process. |
| 6 | Recent Pay Stubs | Recent pay stubs are essential for a US citizen sponsoring a spouse as proof of current employment and income stability, demonstrating the ability to financially support the spouse without resorting to public assistance. These pay stubs typically need to cover the most recent pay periods, often spanning at least three months, to meet USCIS sponsor affidavit requirements. |
| 7 | Proof of US Citizenship (e.g., US Passport, Birth Certificate, Naturalization Certificate) | To sponsor a spouse for immigration, a US citizen must provide proof of US citizenship, which can include a valid US passport, an original or certified copy of a US birth certificate, or a naturalization certificate. These documents establish the petitioner's legal status and eligibility to sponsor a foreign national spouse in the family-based immigration process. |
| 8 | Marriage Evidence (Photos, Joint Lease, Utility Bills) | US citizens sponsoring a spouse must provide credible marriage evidence such as photos depicting shared life events, a joint lease demonstrating cohabitation, and utility bills with both names to substantiate the genuine marital relationship. These documents are crucial for USCIS to verify the legitimacy of the marriage during the immigration sponsorship process. |
| 9 | Social Media Relationship Proof | US citizens sponsoring a spouse must provide social media relationship proof such as screenshots of conversations, tagged photos, and shared posts to demonstrate the authenticity and continuity of the relationship. These digital evidences complement official documents like marriage certificates and affidavits, strengthening the petition's credibility in the immigration process. |
| 10 | Bona Fide Marriage Letter | A US citizen sponsoring a spouse must provide a Bona Fide Marriage Letter to demonstrate the authenticity of the marital relationship, which is essential for the immigrant visa or adjustment of status application. This letter typically includes personal details, shared experiences, and evidence of joint life to convince immigration authorities of the genuine nature of the marriage. |
Overview of Spousal Sponsorship for US Immigration
Sponsoring a spouse for US immigration involves submitting specific documentation to prove the legitimacy of the marriage and your US citizenship. Essential documents include proof of citizenship, marriage certificate, and evidence of the genuine relationship.
Additional paperwork may involve affidavits of support, financial statements, and identity proofs. Understanding these requirements ensures a smoother spousal sponsorship application process for your spouse to obtain a green card.
Eligibility Criteria for US Citizens Sponsoring a Spouse
To sponsor a spouse for immigration to the United States, you must be a U.S. citizen who is at least 18 years old. Proof of citizenship, such as a U.S. passport, birth certificate, or naturalization certificate, is required to establish eligibility. You must also demonstrate the ability to financially support your spouse by submitting an Affidavit of Support (Form I-864) and evidence of income or assets.
Petition Process: Form I-130 and Supporting Documents
The petition process to sponsor a spouse begins with filing Form I-130, Petition for Alien Relative. Required supporting documents include proof of U.S. citizenship, a valid marriage certificate, and evidence of a bona fide marriage. You must submit these documents to establish the legitimacy of the relationship and ensure proper processing of the petition.
Identity and Citizenship Proof for US Sponsor
To sponsor a spouse for immigration to the United States, a US citizen must provide proof of their identity and citizenship. Acceptable documents include a valid US passport, a US birth certificate, or a naturalization certificate.
A US citizen can also submit a Certificate of Citizenship or a Consular Report of Birth Abroad as evidence. These documents verify the sponsor's eligibility to petition for their spouse under US immigration law.
Evidence of a Genuine Marital Relationship
US citizens sponsoring a spouse must provide clear evidence of a genuine marital relationship to comply with immigration requirements. This ensures the marriage is authentic and not solely for obtaining immigration benefits.
Accepted documents include joint financial records such as bank statements, leases, or mortgages showing shared responsibility. Photographs of the couple together over time demonstrate the relationship's history. Personal affidavits from friends and family may also support the authenticity of the marriage.
Financial Sponsorship: Form I-864 Affidavit of Support
To sponsor a spouse for immigration to the United States, a US citizen must submit specific documents demonstrating financial responsibility. One crucial form is the Form I-864, Affidavit of Support, which legally binds the sponsor to support the spouse financially.
- Form I-864 Requirement - You must complete and sign this form to prove you can financially support your spouse and prevent them from becoming a public charge.
- Income Documentation - Provide recent tax returns, W-2 forms, or pay stubs to verify your income meets the minimum threshold set by the Department of Homeland Security.
- Household Size Consideration - The form accounts for all dependents, so your income must cover your household size, including the sponsored spouse, to meet the financial criteria.
Spouse’s Civil and Immigration Documents
Sponsoring a spouse for immigration in the United States requires careful preparation of both civil and immigration documents. These documents prove the authenticity of the marriage and the spouse's eligibility for a visa or green card.
- Marriage Certificate - This official civil document verifies the legal marriage between the US citizen and the spouse.
- Birth Certificate of the Spouse - Provides proof of the spouse's identity and citizenship or nationality.
- Previous Immigration Records - Includes any visas, I-94 forms, or prior petitions to establish the spouse's immigration history and status.
Required Photographs and Filing Fees
What specific documents related to photographs must a US citizen provide when sponsoring a spouse for immigration? US citizens need to submit recent passport-style photographs of their spouse as part of the petition package. These photos must meet the exact specifications set by the United States Citizenship and Immigration Services (USCIS), typically 2x2 inches with a clear, white background.
How much are the filing fees required for sponsoring a spouse as a US citizen? The current filing fee for Form I-130, Petition for Alien Relative, is $535, which must be paid to the USCIS. Additional fees may apply for subsequent forms or services, such as the I-485 adjustment of status application or biometric services.
Additional Supporting Documents for Special Cases
Sponsoring a spouse for immigration involves submitting additional documents in special cases to strengthen the petition. These supporting documents address unique circumstances that might affect the approval process.
- Proof of Legal Name Change - Submit official documents showing any legal name changes for you or your spouse.
- Evidence of Prior Marriages Termination - Provide divorce decrees or death certificates to confirm the end of previous marriages.
- Documentation for Same-Sex Marriages - Include valid marriage licenses or certificates recognized under U.S. law.
Including the proper additional evidence helps ensure your spouse's petition is thoroughly evaluated without delays.
What Documents Does a US Citizen Need to Sponsor a Spouse? Infographic
