Family-Based Immigration

How family-based sponsorship works

In the United States, a citizen or lawful permanent resident starts the process by filing Form I-130, Petition for Alien Relative, with USCIS. An approved I-130 confirms the qualifying relationship but does not by itself grant any status. The relative then seeks a green card either through adjustment of status on Form I-485 while inside the country or through consular processing via the National Visa Center and a US consulate abroad.

When a green card is based on a marriage less than two years old at the time residence is granted, the immigrant spouse receives conditional residence for two years, and the couple must file Form I-751 to remove the conditions, normally together in the 90 days before the card expires. After divorce, abuse or extreme hardship, the immigrant spouse can request a waiver of the joint filing requirement, and sworn letters from friends and relatives are a common way to show the marriage was genuine. The petitioner also signs Form I-864, Affidavit of Support, a legally enforceable promise to support the sponsored relative financially.

Other countries follow their own rules: Canada's IRCC accepts sponsorship of spouses, common-law partners and conjugal partners, while Germany's family reunification generally asks a joining spouse to show adequate housing, secured income and, in many cases, basic German. In every system, statements made in earlier filings stay on record, so inconsistent affidavits or relationship details are a frequent reason for refusals.