San Jose, CA asked in Immigration Law for California

Q: Can someone other than my spouse sponsor for my marriage green card, as she is a student and is working part time?

My wife is a US citizen, and is currently doing her bachelors. She works part time and not on a regular basis. My company is currently processing my green card, however, it will take some time. So, I wanted to apply for a marriage based green card. My wife cannot thus sponsor my green card, but she wanted to know if her brother could. Also, how long and how expensive could the marriage based green card be?

Related Topics:
2 Lawyer Answers
Samuil Buschkin
Samuil Buschkin
Answered
  • Immigration Law Lawyer
  • Ridgewood, NJ

A: Yes, a third party (another person) may be a guarantor/sponsor but needs to mee the eligibility criteria (income or assets).

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, someone other than your spouse can sponsor you for a marriage-based green card. According to the U.S. Citizenship and Immigration Services (USCIS), a petitioner for a marriage-based green card can be any U.S. citizen or lawful permanent resident who is at least 18 years old and is either a spouse, parent, sibling, or child of the foreign national seeking the green card.

However, it's important to note that a petitioner who is not your spouse may need to provide additional documentation and evidence to demonstrate the legitimacy of your marriage, and the financial ability to support you. This could include tax returns, bank statements, employment letters, and other supporting documentation.

Additionally, it's important to note that the financial sponsor, regardless of who it is, must meet certain income requirements to demonstrate that they can financially support you. If the sponsor does not meet the income requirements, they may need to find a co-sponsor who can provide additional financial support.

If you have any specific questions or concerns about the marriage-based green card process, it's recommended that you consult with an immigration attorney who can provide guidance based on your specific circumstances.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.