Navigating The Spousal Petition Process
Eligibility for Spousal Petitions
To be eligible for a spousal petition, the petitioner must be a United States citizen or a lawful permanent resident (LPR) and must have a bona fide marriage with their spouse. A bona fide marriage is one that is entered into in good faith without the intention of evading immigration laws.
If the petitioner is a United States citizen, their spouse is considered an immediate relative and is eligible for a green card without a waiting period. If the petitioner is an LPR, their spouse will be placed in a preference category and will have to wait for a visa to become available before they can apply for a green card.
Documentation Required for Spousal Petitions
To support a spousal petition, the petitioner must provide documentation that demonstrates the bona fide nature of the marriage. This documentation can include the following:
- Marriage certificate
- Joint financial documents, such as bank account statements or tax returns
- Joint property ownership documents, such as a lease or mortgage
- Photographs of the couple together
- Affidavits from friends and family members attesting to the validity of the marriage
In addition to demonstrating the bona fide nature of the marriage, the petitioner must also show that they can financially support their spouse once they are in the United States. This requirement can be met by providing evidence of income, assets, or a joint sponsor who is willing to financially support the immigrant spouse.
