All Types of Sponsorship for U.S. Immigration & How to Prepare Documents and Visas

Sponsorship to the U.S. is a topic of great interest to many Vietnamese people, especially those who have family members in the United States. Understanding the different types of sponsorships to the U.S. is a crucial step that requires careful preparation to avoid unnecessary errors during the preparation of documents, paperwork, and evidence.

In the following article, ImmiPath will guide you through the various types of sponsorships to the U.S., the waiting periods, and more. Check it out now!

1. What are the Different Types of Sponsorships to the U.S.?

Many people seeking assistance from ImmiPath for immigration and residency-related services often wonder how many types of sponsorships to the U.S. exist.

Understanding the various sponsorship categories will help you and your family reunite sooner and expedite the visa approval process.

Currently, under U.S. sponsorship laws, there are 4 main categories through which you can obtain residency if you have a family member living in the United States. These categories are: Spousal Sponsorship, Fiancé(e) Sponsorship, Family Sponsorship, Sponsorship for Same-Sex Partners

2. Spousal Sponsorship to the U.S.

Sponsorship for U.S. residency through marriage is one of the most common forms of sponsorship. Currently, marriage-based sponsorship to the U.S. is divided into two main categories: for U.S. citizens who already have citizenship (CR1 and IR1 categories) and for U.S. permanent residents holding a green card (F2A category).

2.1 For CR1 and IR1 Categories

Although both CR1 and IR1 visas fall under the spousal sponsorship category, they follow different timelines.

The CR1 visa (CR stands for Conditional Resident) is granted to couples who have been married for less than two years. These visas are issued on a conditional basis. Upon arriving in the U.S. with a CR1 visa, the spouse of the U.S. citizen will receive a 2-year green card. If they wish to reside in the U.S. for a longer period, they will need to apply for a 10-year green card (permanent green card).

On the other hand, the IR1 visa (IR stands for Immediate Relative) is issued to spouses who have been married for more than two years. When the sponsored spouse arrives in the U.S. with an IR1 visa, they will receive a 10-year green card.

The average waiting time for both CR1 and IR1 visas is approximately 12 to 18 months.

2.2 For F2A category

The F2A category is one of the family-based immigration options, similar to the CR1/IR1 categories but designated for U.S. green card holders. In this case, a green card holder (permanent resident) in the U.S. can sponsor their spouse from Vietnam to move to the U.S. The sponsored spouse will receive a 10-year green card upon arrival and will be eligible to apply for U.S. citizenship after 5 years of permanent residency.

For the F2A category, the couple must be legally married, as recognized by the relevant authorities in Vietnam or a third country.

The F2A category for sponsoring a wife requires both parties to have a marriage registration. Permanent residents who are not married to their wives and are not called husband and wife cannot open a sponsorship application.

The average waiting time for an F2A visa is approximately 2 to 3 years.

2.3 Specific Requirements for Spousal Sponsorship to the U.S.

The sponsor must be a U.S. citizen or a lawful permanent resident. The couple must be legally married and provide a valid marriage certificate.

The authenticity of the marriage must be demonstrated through evidence such as photos, wedding pictures, travel itineraries, and joint travels.

The sponsor must agree to financially support their spouse and submit an affidavit of support. They must have the means to support their household at 125% of the federal poverty level. If the sponsor does not meet the income requirements, they may use a joint sponsor.

The sponsor must have a residence in the U.S., meaning they must either live in the U.S. or show plans to return to the U.S. with their foreign spouse.

To apply for a CR1 or IR1 visa, you need to go through the consular processing, which means you will need to submit your application and attend an interview at the U.S. Embassy or Consulate in Vietnam. Below is a summary of each step of the CR1 or IR1 visa process:

• Step 1: Ensure that you have legal documentation and residency in the U.S. Most importantly, you need to prove that you are in a genuine marriage. Your spouse must also be 18 years old or older.
• Step 2: Your sponsor, who must be a U.S. citizen or lawful permanent resident, needs to file Form I-130 (officially called “Petition for Alien Relative”).
• Step 3: You will then need to wait from a few months to over a year for the U.S. Citizenship and Immigration Services (USCIS) to process the form. If Form I-130 is approved, you can proceed to the next step.
• Step 4: If approved, you can check the Visa Bulletin to see if a visa is available. You may skip this step if you are married to a U.S. citizen, but if not, you might need to wait depending on your location, which could take some time.
• Step 5: Your petition will then be processed by the National Visa Center (NVC) of the U.S. Department of State, where your case will be officially entered into their system.
• Step 6: The NVC will notify you of any fees and documents required as part of the registration process. They will also guide you through completing Form DS-260 (officially called “Immigrant Visa and Alien Registration Application”) – the actual visa application where you will answer questions about yourself, including your work and educational background.
• Step 7: After receiving your documents from the NVC, the U.S. Embassy or Consulate in Vietnam will send you a letter informing you of the date and location of your interview.
• Step 8: You will need to undergo a medical examination with an embassy-approved physician before attending the interview. You can check the embassy’s website for a list of approved doctors/hospitals.
• Step 9: You will need to bring all relevant documents and your passport to the interview. You can contact the embassy for an accurate list of what you need. You will be required to answer questions and provide an oath about your application.
• Step 10: If no additional questions are needed, you can expect to receive a response immediately or within about a week from your interview. If approved, you will receive your visa – placed inside your passport – along with a sealed envelope containing your documents. Do not open this envelope. It should be opened only by immigration officers at the border.
• Step 11: The visa issued by the consular officer will be valid for 6 months after your medical examination. Once admitted into the U.S. by the border officer, your visa will be valid for 12 months, allowing you to travel freely in and out of the country. You may receive a 2-year or 10-year green card within this 12-month period.

3. Fiancé(e) Sponsorship to the U.S.

To sponsor a fiancé(e) to the U.S. under the K-1 visa category, the sponsor must be a U.S. citizen, and both parties must marry within 90 days of the fiancé(e) entering the U.S.

The K-1 visa, also known as a fiancé(e) visa, allows the fiancé(e) of a U.S. citizen to enter the U.S. with the condition that the couple must marry within 90 days of entry. After marriage, the new spouse can apply for a green card (permanent residence) based on the marriage.

The sponsor and fiancé(e) must have met in person within the past two years. The applicant must marry the sponsor within 90 days of the fiancé(e) arriving in the U.S. on a K-1 visa.

After marrying the sponsor, the fiancé(e) will stay in the U.S. on legal documentation. The processing time for this visa is approximately 7 to 10 months.

Requirements and Steps for Applying for a K-1 Visa Sponsorship:

3.1 Step 1: Proof of relationship

Your fiancé(e) must be a U.S. citizen and proceed with the sponsorship by filling out Form I-129F for USCIS. The purpose of this form is to establish the validity of the relationship.

ImmiPath provides a list of mandatory supporting documents required for Form I-129F:

• Evidence that the U.S. citizen fiancé(e) is a U.S. citizen (evidence can include a copy of a passport, naturalization certificate, or birth certificate).
• A copy of the foreign fiancé(e)’s passport.
• Evidence proving the relationship is genuine, such as photos taken together, travel itineraries for trips together, correspondence from family and friends verifying the relationship, emails or text messages between partners, etc.
• The couple must demonstrate that they have met in person at least once within the two years prior to filing. Evidence includes flight tickets, hotel itineraries, photos, emails, etc.
• Each partner must sign an affidavit explaining the nature of their relationship and stating their intention to marry within 90 days of the fiancé(e) entering the U.S.
• The sponsored fiancé(e) must include a copy of all previous I-94 arrival/departure records.
• A passport-style photo of the U.S. citizen fiancé(e) and a passport-style photo of the foreign partner.
• After submitting the form and supporting documents to the appropriate address, USCIS typically sends a receipt notice within 30 days. USCIS may also issue a Request for Evidence (RFE) if additional information is needed. Once Form I-129F is approved, USCIS will send a notification.

3.2 Step 2: DS-160 Form and Interview

At this point, USCIS transfers the case to the U.S. Department of State. Once the I-129F fiancé(e) petition is approved, the sponsored fiancé(e) will receive notification from the U.S. Embassy in Vietnam, including the date and location of the visa interview and a list of required documents.

Next, the sponsored fiancé(e) must complete the DS-160 online form for the Department of State. This is the actual K-1 visa application, and it is crucial to print the confirmation page after the form has been submitted online.

The Department of State requires the following documents:

• Two passport-style photos
• Birth certificate
• Valid passport, not expired
• Police clearance from all countries where the applicant has lived for more than six months since age 16
• Sealed medical examination report (obtained from a Department of State-approved physician abroad)
• Affidavit of Support (Form I-134)
• Most recent tax return
• Proof of relationship (a copy of the initially approved I-129F package submitted to USCIS)

The fiancé(e) will then attend the visa interview at the nearest U.S. Embassy or Consulate in the fiancé(e)’s home country, typically about 4-6 weeks after the initial embassy notification.

The interviewing officer usually makes a decision on the K-1 visa petition on the same day of the interview or shortly thereafter. If additional evidence is needed, they will request it to be submitted directly to the U.S. consulate.

3.3 Step 3: Arriving in the U.S. and Getting Married

Once the K-1 visa is approved, the sponsored fiancé(e) has a total of six months from the approval date of the initial I-129F petition to enter the United States.

Upon arrival, the couple must marry within 90 days; otherwise, the K-1 status of the sponsored fiancé(e) will be terminated. If the couple decides not to marry, the sponsored partner will not be eligible to stay in the U.S. and must leave the country immediately.

Unlike other visas, the K-1 visa does not permit a change to another temporary visa (e.g., F-1, H-1B). It is also prohibited to “adjust status” from a K-1 visa to a green card based on marriage to anyone other than the original U.S. citizen sponsor. The sole purpose of the K-1 visa is to allow the fiancé(e) to enter the U.S. and marry within 90 days.

After marriage, the final step is to apply for a green card through marriage, which will be sponsored by the same spouse who initially sponsored the K-1 visa.

Some things to know when obtaining a U.S. green card through marriage

4. Family-Based Immigration to the U.S.

Family-based immigration allows foreign nationals to reunite with family members in the U.S. and requires sponsorship by U.S. citizens or lawful permanent residents. Family-based immigration is divided into two categories: Immediate Relative and Family Preference.

Sponsoring to go to the U.S., parents reunite with their children through IR5.

4.1 Immediate Relative Immigrant Visa

Immediate Relative Immigrant Visas are available through U.S. citizens for their closest family members. This visa category is not subject to annual numerical limits, which is a significant advantage. Eligible immediate relatives include:

• Spouses
• Unmarried children under 21 years old
• Parents

Immediate relatives can apply for a visa to the U.S. immediately after their sponsorship petition is approved. The unlimited number of visas available each year for immediate relatives simplifies the process of family reunification.

4.2 Family Preference Immigration to the U.S.

Family Preference Immigration allows U.S. citizens and lawful permanent residents to sponsor family members who are not considered immediate relatives. This category is subject to annual numerical limits. The U.S. Department of State allocates 226,000 family preference visas annually.

The family preference category is expanded to include relatives who can immigrate to the U.S. with their families. For example, sponsoring a sibling or a parent sponsoring a married child by a US Citizen. 

Preference visa categories for family reunification include the following 4 types:

• F1 Visa: For U.S. citizens to sponsor their unmarried children over the age of 21. The waiting time is approximately 7 years.
• F2A and F2B Visa: For lawful permanent residents to sponsor their spouses and unmarried children under 21 years old. The waiting time for F2A is around 2 years, and F2B is around 6 years.
• F3 Visa: For U.S. citizens to sponsor their married children. The waiting time is approximately 12-13 years.
• F4 Visa: For U.S. citizens to sponsor their siblings. The waiting time for F4 is between 13 and 14 years.

5. U.S. Immigration for LGBT Couples

Under Vietnamese law, same-sex marriage is not yet permitted. However, in certain states in the U.S., same-sex marriage is legal. Therefore, same-sex couples seeking to reunite in the U.S. may find the K-1 Fiancé(e) Visa to be an optimal choice.

Information about the identities of both parties must be really clear. The applicant and the sponsor must clearly understand each other’s personal information and financial information. The more detailed the information, the better.

Family support, or the lack thereof, is an important factor in the application process. The U.S. Consulate may send investigators to the homes of both the applicant and the sponsor. Therefore, both parties should be prepared to address any family biases (if not accepted or supported by their families) and must be committed and clearly demonstrate their relationship to avoid wasting time, effort, and money without achieving their goals.

After completing all procedures, the beneficiary can travel to the U.S. to marry and then apply for a Green Card (permanent residency). The processing time for the application is approximately 7-10 months.

6. Cases Where Sponsorship to the U.S. Is Not Permitted

U.S. citizens or permanent residents are not allowed to sponsor their relatives in the following cases:

• Adoptive Parents or Adopted Children: If the adoption took place after the child turned 16 years old, or if the child did not have a legal guardian or did not live with the adoptive parents for at least 2 years before filing the sponsorship petition.
• Biological Parents: If the U.S. sponsor obtained their green card or citizenship through adoption, they cannot sponsor their biological parents.
• Step-Parents or Step-Children: If the marriage that created the step-parent or step-child relationship occurred after the child turned 18 years old.
• Spouse: If you and your spouse were not present at the time of the wedding unless the wedding was a proxy marriage.

Spouse, if the U.S. sponsor obtained their green card through a prior marriage to a U.S. citizen or green card holder, unless:

• The sponsor is now a naturalized U.S. citizen.
• The sponsor has been a permanent resident for at least 5 years.
• The sponsor can prove that the previous marriage was not solely for immigration purposes.
• The previous spouse has passed away.
• Spouse, if you married this person while they were under consideration for removal, deportation, or rescission of their lawful status in the U.S., or awaiting a court decision, unless you can prove a bona fide marriage under Section 245(e)(3) of the U.S. Immigration Law:
• You must provide a clear and convincing written statement demonstrating that the marriage is genuine and not for immigration purposes.
• After the marriage, the spouse has lived outside the U.S. for at least 2 years.
• Anyone, if USCIS determines that they have the intent to immigrate for fraudulent purposes.
• Relatives such as grandparents, grandchildren, nieces/nephews, cousins, or in-laws (parents of your spouse).

7. Some Frequently Asked Questions about U.S. Visa Sponsorship

7.1. If I have a same-sex marriage, can I still apply for a CR1/IR1 spouse visa?

Yes, absolutely. Thanks to the U.S. Supreme Court’s decision in the Windsor v. United States case, the Defense of Marriage Act (DOMA) was ruled unconstitutional. As a result, all marriage-based visa applications are evaluated in the same manner, regardless of sexual orientation.

7.2. What documents do I need to apply for a CR1 or IR1 visa?

The required documents may vary depending on the country where you apply, but generally, you will need:

• A passport valid for 6 months beyond your intended date of entry into the U.S.
• An Affidavit of Support (Form I-864)
• Form DS-260
• Two 2×2 passport-style photos
• All civil documents required by the Embassy, which typically include a birth certificate, marriage certificate, police certificates, and military records (if applicable)
• A medical examination report

You can seek advice from ImmiPath for assistance with your application process to save time, avoid errors, and obtain your reunion visa sooner.

7.3. How do I apply for a green card after entering the U.S. on a K-1 visa?

If you have entered the U.S. on a K-1 visa and are now married to your spouse, congratulations on starting your new life together.

To begin your green card application, you need to file Form I-485 (Application to Register Permanent Residence or Adjust Status).

7.4. How do I get a Social Security card after successfully obtaining a CR1/IR1 spouse visa?

When completing your online immigrant visa application, you can opt to receive a Social Security card after arriving in the United States. If you make this selection, you will likely receive your card within 6 weeks of entering the country. If, for any reason, you did not opt to receive the Social Security card during the visa application process, you will need to apply for it separately through the Social Security Administration.

7.5. Can a U.S. citizen sponsor their niece or nephew to immigrate to the U.S.?

As a U.S. citizen, you are eligible to sponsor your immediate relatives for immigration. This includes your spouse, parents, children, and siblings.

However, you are not allowed to sponsor your niece, nephew, cousins, uncles, or aunts for immigration.

8. How Can You Sponsor Your Relatives to the U.S. as Quickly as Possible?

As outlined by ImmiPath, there are currently 4 categories for family-based immigration to the U.S., and the waiting time for each visa category varies.

To ensure that your paperwork goes smoothly and to have a successful interview with a consular officer, it is advisable to seek the assistance of a reputable and quality U.S. immigration consultancy service.

Missing any of the required documents or providing insufficient evidence can lead to your application being returned, thus delaying the reunion process.

With a team of experienced consultants and offices in both the U.S. and Vietnam, ImmiPath is proud to specialize in U.S. immigration consulting. We meticulously and promptly handle spouse, family, and sibling sponsorship cases, advise on preparing evidence, guide you on how to answer consular interviews and help you and your family quickly obtain visas and green cards to reunite with your loved ones and start your new life in the U.S.

If you have any questions about U.S. sponsorship categories, feel free to comment below. ImmiPath’s team of consultants will provide support and advice with all their experience and heart, helping make your dream of U.S. immigration a reality.