How to Sponsor Your New Family for U.S. Citizenship
Welcome to the journey of bringing your newly married spouse and her two children to the United States. As a U.S. citizen, you can indeed sponsor your family members for immigration, but it's important to understand the process thoroughly. This guide will help you navigate the steps required to bring your family under your wing legally.
Steps to Sponsor Your Family
The first step is to file a Form I-130, Petition for Alien Relative, on behalf of your wife and any of her children who meet the criteria. This form allows you to petition for their entry into the U.S. as lawful permanent residents (green card holders).
Marriage and Green Card Process
Your wife, as the principal beneficiary, can sponsor her children as derivative beneficiaries if the marriage occurred before they reached the age of 21. This is based on section 203(b) of the Immigration and Nationality Act (INA). It is crucial to have all the necessary documentation ready, including your marriage certificate, and proof of your lawful U.S. citizenship.
The green card application will be processed at the U.S. Consulate or Embassy in your wife's home country. This process can take several months to a year to complete. It is essential to be patient and prepared for any additional requirements from the Consular Officer.
Congressional Children's Savings Act (CSPA) Elegibility
In cases where children have reached the age of 21 prior to their petition, they may still be eligible under the Congressional Children’s Savings Act (CSPA). The CSPA allows children to retain their “Child Status” by having their parent file the Form I-130 before they turn 21, effectively “freezing” their age for immigration purposes.
Regardless of eligibility for CSPA, both your wife and her children will need to eventually apply for U.S. citizenship after obtaining their green cards. This is a multi-step process that can take several years due to the backlog and the complexity of the application process. However, you as the sponsor play a vital role in guiding them through this journey.
Consulting an Immigration Attorney
While the U.S. Citizenship and Immigration Services (USCIS) provides plenty of guidance online, it is highly recommended that you consult with a qualified immigration attorney. They can provide personalized advice and support throughout the process. Many attorneys offer a free initial consultation or can provide legal advice via a video call for a small fee. This step is crucial to ensure that your application is free from errors and meets all legal requirements.
Requirements for Sponsorship
As a sponsor, you must demonstrate that you are financially stable enough to support your family in the U.S. Currently, the minimum income requirement is $37,200 per year, but this threshold is expected to increase. You will also be required to provide proof of your income and a detailed budget showing how you will support your family.
Further Steps in the Process
Once your family members receive their green cards, they can live and work legally in the U.S. However, becoming a U.S. citizen involves additional steps, such as passing a civics test, a background check, and demonstrating good moral character. Your family members will need to file additional forms and attend an interview at the USCIS.
Conclusion
Sponsoring your new family for U.S. citizenship is a significant step that requires careful planning and a deep understanding of the legal processes involved. By following the guidelines provided by the U.S. government and seeking the advice of a knowledgeable immigration attorney, you can successfully bring your wife and children to live in the United States. Remember, it is not about confering citizenship per se, but rather supporting your family through the legal pathway. Embrace this journey with patience and determination to create a better future for your loved ones.