Co-Sponsor for U.S. K1 Visa
If you and your fiance are applying for a US K1 visa so that you can get married in the U.S., you will need to meet the financial requirement to show that you will not need government benefits to live in the U.S. To meet the financial requirement the U.S. citizen petitioner can usually show some combination of income or assets that is at least equal to 125% of the poverty level for the sponsor’s household.
However, in some cases the petitioner cannot meet this financial requirement. In these cases, one option is to find a co-sponsor, or joint sponsor, for the K1 visa applicant. While the petitioner will still be considered a sponsor and need to file Form I-864, Affidavit of Support, the financial requirement will be met by the co-sponsor’s income and assets. Both the co-sponsor and the petitioner sponsor will be liable for the K1 visa holder’s support until he or she becomes a U.S. citizen or is credited with at least 40 units, or approximately 19 years, of work in the U.S.
As long as the co-sponsor has sufficient income and/or assets and is willing to sign Form I-864, Affidavit of Support, there are very few additional requirements. The co-sponsor need not be a family member. The co-sponsor must be:
- Any U.S. citizen, national or permanent resident;
- At least 18 years old;
- Domiciled in the U.S., its territories or possessions;
- Willing to be jointly liable, with the petitioner, for the support of the K1 visa holder he or she becomes a U.S. citizen or is credited with at least 40 units, or approximately 19 years, of work in the U.S.; and
- Have income of at least 125% of the poverty level for his or her household, including the K1 visa applicant; or
- Have assets of at least 5 times the difference between his or her income and 125% of the poverty level.
The co-sponsor’s income and assets are not combined with the petitioner’s income and assets to determine whether the financial requirement is satisfied. The co-sponsor’s income and assets must be enough to cover the K1 visa holder’s support requirement without including the petitioner’s income and assets. However, the co-sponsor will not have to support the K1 visa holder unless you would otherwise need government benefits.
In some cases, you may need two co-sponsors. But you cannot have more than two co-sponsors and each co-sponsor must meet the entire financial requirement for one or more visa applicants. For example, if the you have applied for a K1 visa along with a US K2 visa for the foreign fiance’s child and you cannot meet the financial requirement alone, you can find one co-sponsor to meet the financial requirement for the K1 visa applicant and another co-sponsor to meet the requirement for the K2 visa applicant. The two co-sponsors cannot combine income or assets to meet the financial requirement for any individual immigrant.
About the Author (Author Profile)
Siam Legal is a full service law firm but it has an extensive range of immigration, corporate, and real estate experience accessible to clients both domestically and internationally. It has offices strategically located throughout the major cities in Thailand including Chiang Mai, Pattaya, Hua Hin, Samui and Phuket along with international representative offices in Australia, London and Las Vegas.