Spousal Sponsorship vs. Marriage Petition: Understanding U.S. and Canada Immigration Options

 

Cross-border Immigration lawyer Emilia Coto breaks the differences between the U.S. marriage petition and the Canada spousal sponsorship application for Canadian-American couples that may be considering both options.  

What Is Spousal Sponsorship or a Marriage Petition?

Although they go by different names, spousal sponsorship and marriage petitions both allow citizens or permanent residents to bring their spouses to live permanently in their country.

• In Canada, this is called spousal sponsorship.
  
  
• In the United States, it's known as a marriage petition (specifically, Form I-130).
  
  

While both processes aim to reunite families, they have different steps, timelines, and challenges. Let’s break it down by country.

Canada: Spousal Sponsorship Process

Canada's spousal sponsorship system is known for being comprehensive but straightforward when properly prepared.

1. The Application Is Submitted Online

As of 2025, all spousal sponsorship applications must be submitted electronically. This is a major improvement over the old paper system.

2. What's Included in the Application?

There are three key components:

• Forms: These cover marital history, employment, addresses, and family background.
  
  
• Affidavit of Support: While not required, Emilia always includes a personal affidavit explaining any red flags or complexities (like recent divorces or financial issues).
  
  
• Supporting Documents: Including relationship evidence (photos, messages, etc.), previous divorce papers, birth certificates, and proof of cohabitation.
  
  

If any required documents are missing, Immigration, Refugees and Citizenship Canada (IRCC) will return the application.

3. Interviews Are Rare

Most couples are not interviewed unless there are concerns about inadmissibility or relationship credibility. If you do get an interview, it's a good idea to speak to an immigration lawyer.

4. Biometrics, Medical Exam, and Approvals

After submission, the sponsored person receives a biometrics appointment and medical exam instructions. Once IRCC is satisfied with the application, approvals follow in two stages:

• Sponsor eligibility
  
  
• Applicant eligibility
  
  

Finally, the applicant receives their Confirmation of Permanent Residence (COPR) and, if needed, a visa to enter Canada.

5. Inland vs. Outland Applications

• Inland sponsorship allows the spouse to remain in Canada during processing. Work permits are also available.
  
  
• Outland sponsorship is processed through a visa office outside Canada and is currently faster in many cases.
  
  

Emilia advises most clients to go with the Outland option in late 2025 due to processing delays for inland cases.

United States: Marriage Petition Process

In the U.S., sponsoring a spouse involves filing Form I-130, also known as a marriage petition.

1. Adjustment of Status vs. Consular Processing

There are two pathways for spousal sponsorship in the U.S.:

• Adjustment of Status (AOS): The foreign spouse applies for a green card from within the U.S.
  
  
• Consular Processing: The spouse remains abroad and completes the process through a U.S. consulate.
  
  

Emilia warns against entering the U.S. with the intent to adjust status on a tourist visa as this could be considered misrepresentation.

2. Application Requirements

Whether applying via AOS or consular processing, the package must include:

• Form I-130 and I-485 (for AOS cases)
  
  
• Affidavit of support (Form I-864)
  
  
• Medical exam and police checks
  
  
• Proof of genuine relationship (joint accounts, shared housing, photos, etc.)
  
  
• Sponsor letter or affidavit detailing the relationship history
  
  

3. The Interview

Unlike Canada, U.S. immigration almost always requires a marriage-based green card interview. Officers look for consistency in relationship details and signs of a bona fide marriage.

If married for less than 2 years at the time of approval, the green card is conditional and valid for only 2 years.

4. Risks & Tips

• Advanced Parole: You cannot leave the U.S. while waiting for AOS unless you apply for this travel document.
  
  
• I-94 Confusion: Canadians should always check how long they are permitted to stay in the U.S.
  
  
• Removal Proceedings: Mistakes or misrepresentation can lead to detention or removal.
  
  

Emilia emphasizes working with a lawyer to avoid these pitfalls.

Comparing Canada and U.S. Spousal Sponsorship

Mistakes to Avoid in Spousal Sponsorship or Marriage Petition Applications

• Submitting too many photos or documents not requested
  
  
• Leaving gaps in your personal history or employment
  
  
• Entering the U.S. with misrepresented intent
  
  
• Not checking your I-94 expiration
  
  
• Ignoring inadmissibility issues (health, criminal, overstays)
  
  

Immigration Lawyer Help 

Emilia founded her firm after having a difficult experience with the spousal sponsorship process herself. She believes in:

• Low-volume, high-touch legal services
  
  
• Full transparency and education for her clients
  
  
• Personalized support, because every family deserves to feel cared for
  
  

Whether you’re applying in Canada or the U.S., it's important to understand the process, avoid mistakes, and get the right legal help.

Ready to Start the Process? Book a Strategy Session

Immigration is personal. If you're thinking of applying for spousal sponsorship or filing a marriage petition, Emilia offers:

• Paid legal strategy sessions for in-depth guidance
  
  
• Free discovery calls to learn what it’s like to work with her firm
  
  

👉 Schedule your strategy session here