Who you can sponsor and what the process requires

A US citizen can sponsor certain family members for a visa, but not all relatives may have access to, and the rules depend on your relationship to them and your income. The most common path is through family-based immigration, where you file a petition with US Citizenship and Immigration Services (USCIS) stating that you want to bring a relative to live in the United States permanently. USCIS then reviews whether you meet the financial requirements and whether the relative fits into one of the categories Congress allows.

The process takes months or years, not weeks. You will need to prove you earn enough money to support the person without them needing government aid — this is called the Affidavit of Support, and you sign it under penalty of perjury. If the person you sponsor later receives certain public benefits, the government can ask you to repay those costs.

Not every family member qualifies. Spouses, children under 21, and parents of US citizens have shorter wait times. Adult children, siblings, and other relatives face much longer delays — sometimes 10 years or more — because Congress limits how many visas are available each year in those categories.

Key Takeaways

  • You must file Form I-130 (Petition for Alien Relative) with USCIS and prove your income meets the poverty line for your household size plus the person you are sponsoring.
  • when ready relatives of US citizens (spouse, unmarried children under 21, parents of citizens over 21) have no visa wait, but other family members may wait years.
  • You sign an Affidavit of Support stating you will support the person financially, and you remain responsible even if you later divorce or the person becomes a permanent resident.
  • The person you sponsor must pass a medical exam, background check, and visa interview at a US embassy or consulate abroad.
  • If you do not meet the income requirement, you can ask a joint sponsor — usually a relative or close friend — to sign the Affidavit with you.

Which relatives you can sponsor

US citizens can sponsor spouses, children, parents, and siblings, but the wait time and process differ by relationship. when ready relatives — your spouse, unmarried children under 21, and your parents if you are over 21 — move through the system faster because they are not subject to annual visa caps. Once USCIS approves your petition, they can move forward to the visa interview without waiting for a visa number to become available.

Other family members fall into preference categories that have yearly limits. Adult unmarried children go in the first preference category. Married children go in the third preference. Siblings go in the fourth preference. These categories have long backlogs. For example, if you are a US citizen sponsoring a sibling, the wait can be 10 to 15 years depending on the country they live in, because many people petition for siblings and few visa numbers are set aside for that category each year.

You cannot sponsor cousins, aunts, uncles, nieces, nephews, or in-laws (unless they are your spouse). You also cannot sponsor someone just because you want to help them immigrate — there must be a family relationship that Congress recognizes.

Income requirements and the Affidavit of Support

When you file the petition, you must prove your household income is at least 125 percent of the federal poverty line for your household size. The poverty line changes each year. For 2024, sponsoring one person as a single filer requires income of roughly $23,000 per year; for a family of four, it is roughly $47,000. These numbers shift annually, so you will need to check the current year's requirement when you file.

You prove income using recent tax returns, W-2 forms, pay stubs, and sometimes a letter from your employer. If you do not meet the threshold, you can ask a joint sponsor — usually a relative or close friend who is also a US citizen or permanent resident — to sign the Affidavit with you. Their income counts toward the requirement, and they become equally responsible for supporting the person.

The Affidavit of Support is a binding contract. You promise to support the person so they do not need Supplemental Security Income, Temporary information for Needy Families, Medicaid, or certain other benefits. If they receive those benefits anyway, the government can sue you to recover the costs. This obligation lasts until the person becomes a US citizen, works 40 quarters under Social Security, leaves the country, or dies.

How to file the petition

You start by filing Form I-130, Petition for Alien Relative, with USCIS. You can file online through the USCIS website or by mail. The form asks for your information, the relative's information, and proof of your relationship — a birth certificate, marriage certificate, or adoption papers depending on who you are sponsoring.

Include the Affidavit of Support (Form I-864) and proof of your income. USCIS will send you a receipt notice with a case number. Processing takes several months. Once USCIS approves the petition, the case moves to the National Visa Center (NVC) if the person is abroad, or to USCIS again if they are already in the United States.

If the person is outside the US, they will attend a visa interview at the US embassy or consulate in their country. They must pass a medical exam, background check, and interview with a consular officer. If approved, they receive an immigrant visa and can enter the United States. Once they arrive, they become a permanent resident (green card holder).

Wait times by family relationship

when ready relatives typically move through the system in 6 to 12 months from petition filing to visa approval, though this varies by consulate and individual circumstances. Spouses and unmarried children under 21 of US citizens have no visa wait because they are not subject to annual caps.

Preference categories have much longer waits. Adult unmarried children may wait 3 to 7 years depending on their country. Married children often wait 5 to 10 years. Siblings typically wait 10 to 15 years. These timelines are not may provide and can change if Congress adjusts visa allocations. The State Department publishes a Visa Bulletin each month showing current wait times by category and country.

What happens if the person is already in the US

If your relative is already in the United States, you can still sponsor them, but the process differs slightly. You file Form I-130 the same way. Once it is approved, they may be able to adjust status to permanent resident without leaving the country — this is called adjustment of status. They file Form I-485 (process to Register Permanent Residence or Adjust Status) and attend a USCIS interview in the US.

However, if they entered the US without inspection (not through a port of entry), they usually cannot adjust status and must return to their home country for the visa interview. There are narrow exceptions, but they are rare. If you are unsure whether your relative can adjust status, you should speak with an immigration attorney, because the rules are complex and a mistake can delay the process or trigger deportation proceedings.

Costs and timeline overview

Filing Form I-130 costs $435 as of 2024, though fees change. If the person adjusts status in the US, Form I-485 costs $640 plus biometric fees. If they attend a visa interview abroad, there is a visa processing fee of around $325, plus the cost of the medical exam (typically $200 to $500 depending on the country). These are government fees only and do not include attorney costs if you hire one.

The entire process from filing the petition to receiving a green card takes 6 months to 2 years for when ready relatives, and 3 to 15 years for other family members, depending on the category and country. During the wait, your relative cannot work in the US or travel freely. Once they receive the green card, they can work, travel, and live permanently in the United States.

Frequently Asked Questions

Can I sponsor someone if I am a permanent resident instead of a citizen?

Permanent residents can sponsor spouses and unmarried children, but the wait times are longer than for citizens, and some categories are not open to permanent residents at all. You cannot sponsor parents or siblings as a permanent resident. If you plan to sponsor family members, becoming a citizen first will give you more options and shorter wait times.

What if my income is below the requirement?

You can ask a joint sponsor to sign the Affidavit with you. The joint sponsor must be a US citizen or permanent resident, at least 18 years old, and their income counts toward the 125 percent poverty line. They become equally responsible for supporting the person you sponsor.

Can my relative work while waiting for the visa?

If they are outside the US, no — they cannot work in the US until they receive the green card. If they are in the US and file for adjustment of status, they can request an Employment Authorization Document (EAD) while the process is pending, which usually takes 2 to 4 months. Once approved, they can work legally.

What if my relative is denied the visa?

Common reasons for denial include failing the background check, medical issues, or the consular officer finding they do not meet visa requirements. You can ask the consulate why they were denied and whether your relative can reapply. Some issues can be fixed; others cannot. An immigration attorney can review the denial and advise whether reapplication is possible.

Do I have to stay married to keep sponsoring my spouse?

Once your spouse receives the green card, the sponsorship obligation continues even if you divorce. You remain responsible for supporting them financially until they become a citizen, work 40 quarters under Social Security, or leave the country. Divorce does not end your legal obligation under the Affidavit of Support.