Marriage and Children

When love is in the air, marriage proposals soon follow. From an immigration standpoint, a request to sponsor a spouse to liver permanently in the United States is a request for an immigrant visa. The good news is that there is no quota limit on the number of spouses to U.S. citizens that can enter the U.S. in any given year. However, immigration authorities view marriage requests as susceptible to fraud (based only on a desire to enter the U.S. and not on “love” for spouse in the U.S.) and, therefore, there are a number of criteria that must be satisfied before such a request can be approved. For example, there must be documentation of a relationship, an in-person meeting, and the financial wherewithal of the sponsor (usually) to adequately support the foreign spouse if allowed into the U.S. Put another way, immigration wants to make sure that the spouse is highly unlikely to require public assistance in order to live in the U.S. for the next ten years (generally).

Because of differing underlying factual patterns, the process can proceed via different paths:

1. Foreign spouse is legally in the U.S. Process is initiated and completed in the U.S.
2. Foreign spouse is outside the U.S. Process is initiated in the U.S. and then completed at a U.S. embassy or consulate in a foreign country (usually the home country)
3. Foreign spouse is not legally in the U.S. Process is initiated in the U.S. and then completed at a U.S. embassy or consulate in the home country, but additional steps must be taken and be successful in order for the immigrant visa to be issued. The additional steps have to do with the consequences of presence in the U.S. without legal permission.



Young children (under 21) follow the same path though may be exempted from the consequences if in the U.S. without legal permission. If the child is over 21, sponsorship is possible, but is quota-limited to only 23,400 in any given fiscal year.

If the sponsor is a Permanent Resident of the U.S. (Green Card Holder), that sponsor can also initiate the immigrant visa process for a spouse, young children, and unmarried children over the age of 21. However, these requests are subject to quota limits and, consequently, backlogs before immigrant visas can be granted.

A U.S. citizen can also sponsor married sons and daughters. The category is also subject to quota limitations. A Permanent Resident is not given this option.

A U.S. citizen can also sponsor a brother or sister. However, this category is subject to long wait times given the mechanism for determining if available immigrant visas exist. A Permanent Resident is not given this option.