In the USA, spousal sponsorship falls under the family-based immigration category and allows U.S. citizens and lawful permanent residents (green card holders) to sponsor their foreign spouse for permanent residence (a green card). However, there are different priority dates, processing times, and requirements depending on whether the petitioner is a U.S. citizen or a green card holder.
Spousal Sponsorship for U.S. Citizens vs. Green Card Holders
- For U.S. Citizens:
- Immediate Relatives: Spouses of U.S. citizens are considered “immediate relatives,” which means there are no limits on the number of visas issued each year for this category. This results in faster processing because there is no waiting list. The petition can proceed as soon as it’s approved, and the spouse can apply for a green card without worrying about priority dates.
- For Green Card Holders (Lawful Permanent Residents):
- Family Preference Category: Spouses of green card holders fall under the “F2A” family preference category, which is subject to annual visa limits. Because of this, they may have to wait for a visa to become available, which can delay the processing of their application. The priority date is the date the petition was filed (Form I-130), and the petitioner’s spouse must wait until their priority date becomes current (i.e., until a visa becomes available) according to the Visa Bulletin.
Request for Further Evidence (RFE):
When sponsoring a spouse for a green card, if the provided documentation is insufficient to prove the Bona Fide relationship it is common for U.S. Citizenship and Immigration Services (USCIS) to issue a Request for Further Evidence (RFE). RFEs may request additional documentation to prove the marriage is genuine, such as joint financial documents, photos together, travel records, communication history, and affidavits.
Affidavits as Evidence of the Relationship:
While affidavits from friends or family can be submitted as evidence of the relationship, USCIS accords minimal weight to them unless they are supported by other objective and independent evidence. Affidavits should not be the sole form of evidence but rather a supplement to other stronger forms of documentation, such as joint leases, bills, or proof of cohabitation.
Requirements for Affidavits:
- Each affidavit must be submitted individually (no joint affidavits).
- The affiant must clearly attest to their personal knowledge of the relationship between the petitioner and the spouse.
- Contents of the Affidavit:
- The affiant’s full name and address.
- The date and place of birth of the affiant.
- The relationship between the affiant and the parties involved in the petition.
- Complete details of how the affiant knows the couple and how they acquired their knowledge of the relationship.
The affidavit can provide context to the relationship and the couple’s interactions, but must be detailed and specific. For example, an affiant might describe events they’ve witnessed, such as the couple’s wedding, holidays spent together, or daily interactions.
USCIS often requires a high standard of evidence, and therefore, it is crucial to provide a comprehensive and well-organized package of supporting documentation when responding to an RFE. While affidavits help, they should be used alongside other robust evidence of a bona fide marriage to avoid delays in the approval process.
To avoid receiving a Request for Further Evidence (RFE) and any delays, contact our experienced team in Vancouver, BC. We are a dedicated group of U.S. and Canadian immigration professionals, including experienced U.S. immigration lawyers, Canadian immigration consultants, and a highly knowledgeable U.S. immigration law paralegal. With over 30 years of combined experience, we understand the requirements for spousal sponsorship applications. Our team can guide you through the process, ensuring that your application is complete, accurate, and supported by the right documentation to minimize the chances of an RFE and expedite your case.