Green Card Application Process for Canadian Marrying a US Citizen: Eligibility

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Key Takeaways:

The green card process for a non-working spouse of a U.S. citizen involves filing the I-130 form and providing marriage documentation.
Financial requirements can be met for non-working spouses through an Affidavit of Support, including benefits like veterans’ benefits.
Consular processing allows green card applications to be made while residing in Canada, with the option to visit the U.S. during the process.

Navigating the Green Card Application for a Non-Working Spouse

The journey toward securing permanent residency in the United States, commonly known as getting a green card, can be multifaceted, especially for those with unique circumstances such as being the non-working spouse of a U.S. citizen. When a Canadian marries a U.S. citizen, several factors come into play which may affect the green card process.

The Canadian Marrying US Citizen Green Card Process

For Canadians married to American citizens, the process to obtain a green card begins with the U.S. citizen spouse filing a petition on behalf of the foreign spouse. This form is known as the I-130, Petition for Alien Relative, and begins the family-based immigration process. Documentation supporting the legitimacy of the marriage, including marriage certificates and proof of the spouse’s citizenship, must be included.

Green Card Eligibility for Non-Working Spouses

One of the main concerns of spouses with no personal income is whether they meet the financial requirements to obtain a green card. The United States Citizenship and Immigration Services (USCIS) requires an Affidavit of Support from the U.S. spouse, which demonstrates the ability to financially support the non-working spouse at an amount above the U.S. poverty line. In the scenario where the U.S. citizen is a student without traditional income but receiving veteran benefits, these can be presented as part of the financial evidence.

Can Green Card Applications Be Made While in Canada?

It is indeed possible to apply for a green card while residing in Canada. The process is known as consular processing, where the intending immigrant goes through the application and interview process through the U.S. embassy or consulate in their home country. This method allows applicants to wait for the decision in their home country without disrupting their current living arrangements.

Visiting the US While Waiting for Green Card Approval

Visiting the spouse in the U.S. during the green card process is permitted, but clear intent to return to Canada should be maintained until the green card is granted. Customs and Border Protection officers will look for evidence that the Canadian spouse does not intend to stay before the green card is finalized, such as maintaining a residence in Canada, or having a job or a study program to return to.

The Role of Legal Assistance in the Green Card Application

Given the complexities involved, especially when income comes from non-traditional sources such as disability benefits, it could be beneficial to consult with an immigration lawyer. A lawyer can provide not just guidance through the paperwork and evidence required, but also assist in addressing any special circumstances that might arise during the application process.

Here are steps to consider for a successful green card application:

File Form I-130, Petition for Alien Relative.
Gather necessary supporting documents proving the marriage and U.S. spouse’s citizenship.
Prepare the Affidavit of Support with appropriate financial documentation.
Remain in Canada for the consular processing, if preferred.
Consult with an immigration attorney for a thorough evaluation of the case and legal guidance.

For official information and resources on green card applications, visit the USCIS website.

In summary, while the absence of traditional employment for the U.S. spouse may seem challenging, resources like veterans’ benefits can often meet the financial requirements for supporting a non-working spouse’s green card. Throughout this process, staying informed and possibly seeking legal advice can streamline experiences and allay concerns, ensuring that family unity is maintained without legal impediments.

Still Got Questions? Read Below to Know More

“Can my American spouse use a co-sponsor for the Affidavit of Support if they don’t make enough money on their own?

Yes, your American spouse can use a co-sponsor for the Affidavit of Support if they do not meet the income requirements on their own. The United States Citizenship and Immigration Services (USCIS) allows the use of a joint sponsor who can fill out Form I-864, the Affidavit of Support, to show that they have enough income or assets to maintain the intending immigrant and the rest of the household at 125% of the Federal Poverty Guidelines.

Here are some important points to consider when using a co-sponsor:

Eligibility: The joint sponsor must be a U.S. citizen, national, or permanent resident who is at least 18 years old and domiciled in the United States or its territories.
Income Requirements: The joint sponsor must demonstrate that they have sufficient income or assets. This means their income must be at least 125% of the poverty level for their household size, including the immigrant and any other persons they are sponsoring.
Responsibilities: By signing Form I-864, the joint sponsor accepts legal responsibility for financially supporting the sponsored immigrant. This obligation continues until the immigrant becomes a U.S. citizen, can be credited with 40 quarters of work (usually 10 years), dies, or permanently leaves the United States.

For accurate and detailed information, including the current Federal Poverty Guidelines and instructions on filling out the Affidavit of Support, please visit the official USCIS website for the I-864 form here: Affidavit of Support Under Section 213A of the INA.

Remember, using a joint sponsor is a serious commitment and both the main sponsor and joint sponsor are legally responsible for the financial support of the immigrant beneficiary. All the required documents and necessary information must be provided to ensure that the visa or adjustment of status application is not delayed or denied.

“What happens if my American spouse loses their job after submitting the Affidavit of Support for my green card application?

If your American spouse loses their job after submitting the Affidavit of Support for your green card application, it may affect your application process. The Affidavit of Support is a legally enforceable contract where the sponsor agrees to provide financial support to the immigrant. Here’s what you need to know:

Income Requirements: The sponsor must demonstrate the ability to maintain an income at or above 125% of the Federal Poverty Guidelines for their household size. If your spouse loses their job and cannot meet this requirement, you may need to find a joint sponsor who can meet the income requirements.
“The sponsor must show that their income is at least 125 percent of the current Federal Poverty Guidelines for their household size.” – USCIS Affidavit of Support
Obligations of the Sponsor: A job loss does not nullify the obligations of your spouse under the Affidavit of Support. They are still legally responsible for supporting you financially to ensure you do not become a public charge.
Use of Assets: If the income is not sufficient due to job loss, assets such as savings, stocks, bonds, and property can be considered. The total value of assets must be equal to five times the difference between the sponsor’s income and the required income level, except for U.S. citizens sponsoring spouses or children, where it must be three times the difference.

In case of a job loss, it is crucial to inform the U.S. Citizenship and Immigration Services (USCIS) about the change in your financial circumstances. You can do this by submitting a written explanation along with any additional evidence of financial resources, like the addition of a joint sponsor or the use of assets. It’s essential to ensure that all financial requirements are met to avoid delays or denial of the green card application.

For more information and guidance on this matter, refer to the official USCIS website or consult with an immigration attorney:
– USCIS Affidavit of Support Instructions
– USCIS Policy Manual on Public Charge Grounds

“If my American spouse is in the military and we move a lot, what address should we put on our green card application?

If your American spouse is in the military and you move frequently, it can be challenging to provide a stable address for your green card application. However, it is important to provide an address where you can receive mail from USCIS (U.S. Citizenship and Immigration Services). Here’s what you should consider:

Use a Stable Address:
- If you have a family member or a trusted friend with a stable address, you might consider using their address for your mailing address on the green card application, with their permission. This is often a practical solution for military families on the move.
- Alternatively, you can use your spouse’s military address if you are living with them at a base or installation.
Update USCIS with Address Changes:
- After you file your application, if you move, it is critical to update your address with USCIS to ensure you receive all correspondence and important notifications. You are required to report a change of address within 10 days of moving by using Form AR-11, which can be completed online.
  > “USCIS may not be able to reach you if you do not report a change of address. It is important that USCIS has your most current address.”
Maintain Consistent Communication:
- Ensure that you regularly check the address provided and maintain clear lines of communication. Given the nature of military service, you may also need to clarify your specific situation to USCIS and request accommodations if necessary.

For the latest instructions and guidance, always refer to the official USCIS website and review their resources for military members and their families: USCIS Military Help Line.

“I’m Canadian and need to bring my kids when I move to the US with my spouse. How does the green card process work for them?

If you’re a Canadian citizen moving to the United States and looking to bring your children with you, they may be eligible to obtain a Green Card as your dependents. The process for them will largely mirror your own Green Card application process, with a few specifics tailored to their status as minors.

Here’s how the process works for them:

Determine Eligibility: Your children must fall under the definition of ‘child’ for U.S. immigration purposes. This includes being unmarried and under the age of 21.
Petition: To start the Green Card process, you (or in some cases, your spouse if they’re a U.S. citizen or permanent resident) must file a Form I-130, Petition for Alien Relative, for each child. This form establishes the family relationship that exists between you and your children.
“Relatives who are eligible to immigrate as immediate relatives include […] children, if they are unmarried and under 21 years of age.”
Adjustment of Status or Consular Processing: If your children are already in the U.S. legally, they may be able to adjust their status to permanent resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If they are outside the U.S., they will go through consular processing at a U.S. embassy or consulate in Canada or elsewhere.

After these steps, your children will need to go through an interview process and medical examination. Once everything is approved, they will receive their Green Cards. It’s important to stay informed about the specific requirements and any changes in immigration law, which you can do by consulting the official U.S. Citizenship and Immigration Services (USCIS) website or an immigration attorney.

For more detailed information and the latest forms, you should visit the official USCIS website: https://www.uscis.gov/.

“Do I have to stay in Canada the whole time my green card is processing, or can I visit my spouse in the US more frequently?

If you are referring to the Canadian Permanent Residency card, often informally known as the “green card” due to similarity with the U.S. Green Card, during the processing time, you are not required to stay in Canada continuously. As a permanent resident applicant, you can travel outside Canada while your application is in process. However, there are some important points to keep in mind:

Maintain Legal Status: Ensure you maintain legal status in the country you are residing in or visiting. If you’re visiting your spouse in the U.S., you’ll need the appropriate visa or authorization to do so.
Available for Communication: Make sure you’re available to respond to any requests from Immigration, Refugees and Citizenship Canada (IRCC) and can provide additional documents or attend an interview if required.
Entry Requirements: Each time you enter Canada, you must meet entry requirements. The border services officer may verify that you are still eligible for permanent residence.

Here is a direct quote from the official IRCC website:

“As a permanent resident, you may travel outside Canada after you arrive. However, you must meet certain residency obligations to maintain your status as a permanent resident.”

For more details, you can visit the official IRCC website here.

If you’re currently processing a U.S. Green Card application, the information above applies if you have lawful status in Canada, but ensure you also comply with U.S. immigration regulations regarding your travels. It’s important to check the latest travel advisories and visa requirements before planning your visit. It is always recommended to consult with an immigration lawyer or a consultant to get advice tailored to your specific situation and to ensure the most up-to-date and accurate information.

Learn Today:

Glossary of Immigration Terms

Green Card: Also known as a Permanent Resident Card, a Green Card is an identification card issued by the U.S. government to non-U.S. citizens as evidence of their lawful permanent resident status in the United States.
Non-Working Spouse: A non-working spouse refers to the individual who does not have personal income or employment and is financially dependent on their spouse.
I-130, Petition for Alien Relative: This is a form used by a U.S. citizen or a lawful permanent resident to establish the relationship to a qualifying relative who wishes to immigrate to the United States. It initiates the family-based immigration process.
Affidavit of Support: An Affidavit of Support is a legally binding agreement between the petitioner/sponsor and the U.S. government, confirming that the petitioner will financially support the intending immigrant, ensuring they do not become a public burden.
Consular Processing: Consular processing refers to the process by which an intending immigrant completes the application and interview process for an immigrant visa at a U.S. embassy or consulate in their home country, rather than adjusting status within the United States.
Customs and Border Protection (CBP): CBP is the agency within the U.S. Department of Homeland Security responsible for securing the borders of the United States and facilitating the lawful international travel and trade.
Intent to Return: Intent to return refers to the requirement for the non-U.S. citizen spouse to maintain clear evidence that they plan to return to their home country, such as maintaining a residence, ties to employment or education programs, or other commitments, while their green card application is pending.
Immigration Lawyer: An immigration lawyer is a legal professional who specializes in immigration law. They provide legal advice and representation to individuals and families navigating the complex immigration process.
USCIS: The United States Citizenship and Immigration Services (USCIS) is the agency within the U.S. Department of Homeland Security responsible for administering immigration services and benefits, including the processing of green card applications.
Consular Interview: A consular interview is an in-person interview conducted by a consular officer at a U.S. embassy or consulate as part of the green card application process. This interview allows the officer to assess the applicant’s eligibility and intentions for immigrating to the United States.
Veterans Benefits: Veterans benefits are financial and non-financial assistance provided to individuals who have served in the U.S. Armed Forces. In the context of a green card application, veterans benefits can be used as part of the financial evidence to demonstrate the ability to support a non-working spouse.
Adjustment of Status: Adjustment of status is the process by which an eligible non-U.S. citizen already present in the United States can apply for lawful permanent resident status (green card) without leaving the country.
Legal Guidance: Legal guidance refers to advice and assistance provided by an immigration lawyer or legal professional to help individuals understand and navigate the legal requirements, processes, and complexities involved in their immigration case.

So there you have it, navigating the green card application for a non-working spouse doesn’t need to be daunting. By following the steps outlined and staying informed, you can successfully navigate the process. If you want more information, tips, and resources, head on over to visaverge.com. Happy green card journey!

This Article in a Nutshell:

Obtaining a green card as a non-working spouse of a U.S. citizen can be complex. The U.S. citizen spouse must petition on behalf of their foreign spouse using the I-130 form. Financial support is required, but non-traditional income sources like veterans’ benefits can be used. Consular processing allows applicants to remain in Canada while waiting for approval. Consulting an immigration lawyer can be helpful throughout the process. Follow the steps outlined for a successful application. Visit the USCIS website for official information and resources.