Understanding K-1 Joint Sponsor
- By Fileright
- Last Updated:
When a foreign-born fiancé(e) is planning to marry a United States citizen, you will need a K-1 visa, and to do this, you’ll need a sponsor. K-1 visa sponsors are an important part of the immigration process because they provide a guarantee of financial support upon entering the U.S. This helps ensure that the immigrant fiancé will not become dependent on government assistance during their stay in the U.S.
Requirements for K-1 Visa Joint Sponsors
So who can be a K-1 sponsor? The sponsor must be the U.S. citizen partner in the couple. You will also need to within 90 days of the foreign fiancé(e)’s arrival in the United States. In addition to this, the sponsor will need to meet these requirements:
- Both parties must be legally free to marry.
- You must have met in person at least once within the last two years (though there are some cultural and religious exceptions to this).
- The foreign fiancé(e) must be entering the U.S. for the genuine purpose of marriage
Remember: There is no one else who can act as your K-1 visa sponsor, and green card holders can’t be sponsors.
What Are the Obligations of a Joint Sponsor?
When you are a K-1 fiancé visa joint sponsor, you are financially responsible for the foreign-born spouse. When a joint sponsor signs an Affidavit of Support, you take on significant legal and financial responsibilities, and these can last for several years. In fact, these obligations will remain in effect until:
- The foreign-born spouse has become a U.S. citizen,
- They have worked 40 quarters (approximately 10 years) in the United States.
- They have permanently departed the U.S.
- They have died.,
Remember: The joint sponsor must maintain the ability to provide financial support throughout this period, and their obligations are legally enforceable.
Qualifications for K-1 Fiancé Visa Joint Sponsors
Not every United States citizen who wants to marry a foreign-born fiancé will qualify to be a K-1 visa joint sponsor. To qualify to act as the K-1 joint sponsor for your foreign-born fiancé, you will need to:
- Maintain income at 125% above federal poverty guidelines
- Be financially responsible if the immigrant needs public assistance
- Notify USCIS of any address changes
- Be aware that you can be sued by government agencies for reimbursement
- Remain liable for the immigrant, even if you get divorced later on
- Continue to support the immigrant until qualifying terminating events happen
- Provide updated financial information if USCIS asks for it
Given these substantial and lasting commitments, potential joint sponsors should thoroughly evaluate their financial stability and carefully consider the implications before agreeing to support a K-1 visa application.
The Differences Between Sponsors and Joint Sponsors Explained
What’s the difference between sponsors and joint sponsors? The distinction lies in their relationship to the immigrant and their role in the visa process.
The sponsor is typically the U.S. citizen fiancé who initiated the K-1 visa petition and has a direct personal relationship with the immigrant. They’re responsible for getting the initial K-1 petition and must show a genuine relationship.
A joint sponsor, however, is solely involved in the financial aspect of the process and has no role in establishing the legitimacy of the relationship or other aspects of the visa petition. They serve purely as a financial guarantor.
Are You Ready to Become a K-1 Joint Sponsor?
The decision to become a joint sponsor is not one to be taken lightly. This is a big step toward your future as a married couple living in the United States. However, it’s also a legally binding agreement with significant financial consequences that will remain in effect no matter what happens – even if you aren’t together anymore.
Before you apply to serve as a joint sponsor, carefully consider your ability to meet these stringent income requirements and your willingness to accept the long-term obligations that come with it, which could impact your financial future for years to come.