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ResourcesVisa & Immigration LawUS Immigration LawProof Of Ability To Financially Support A K-1 Fiancé(e) Visa Holder?

Proof Of Ability To Financially Support A K-1 Fiancé(e) Visa Holder?

Transcript of the above video: 

As the title of this video suggests, we are discussing K-1 Fiancé(e) Visas. We have been dealing with these kind of cases for the better part of two decades now; I've been out here dealing with this for over 16 years. We deal with a lot of K-1 Fiancé(e)  Visa cases. These are cases involving those who want to bring a Thai loved one to the United States for the purpose of getting married; obviously the definition of a fiancé(e). The question posed in this video is what about proof of financial support? 

So for those unaware, in cases involving Immigrant Spouse Visas - IR-1 and CR-1 Visas - it's fairly straightforward when you are dealing with what's called the Affidavit of Support. Now with regard to the K-1 Fiancé(e) Visa, there isn't an Affidavit of Support or I-864 per se associated with that category of Visa. Moreover, there also is kind of a broader analysis of ability or proof of support that stems from looking at like evidence and documentation pertaining to the ongoing relationship and proof that one is supporting or can support their fiancé in the United States: things like the ability to basically pay for room and board and just general support issues associated with a marital union. 

Now the thing to take away from this video is again where we don't necessarily have the cut and dried issue of the Affidavit of Support, the I-864, how do we deal with this issue? Well one, you are going to eventually deal with it on an I-864 anyway especially if a Fiancé(e) Visa holder ends up adjusting their status in the United States. Part of the adjustment of status process is proof of financial ability through the Affidavit of Support. The next thing to remember with regard to these types of cases is the fact that the K-1 Fiancé(e) Visa holder is, again it's going to be looked at a little bit more broadly. Now at the end of the day in a sense it's less stringent an analysis associated with financial support in the K-1 Visa side, and by less stringent I mean again because they don't have an I-864 affidavit associated with the K-1 it's not as clear when you are dealing with financial support issues. We have been dealing with this for years. We have never really had a problem with it but eventually understand, even though there may be some nebulousness in dealing with support issues in a K-1 context, you're definitely going to be dealing with the Affidavit of Support, the I-864, when you get to the adjustment phase in the United States when you are looking to get a K-1 fiancé(e) adjusted over to Green Card status.