Are you financially responsible for someone on a K 1 visa?
A financial sponsor is financially liable for 10 years of employment or the person becomes a US citizen. Whichever is first.
Completing and filing Form I-134 demonstrates to the U.S. government that the joint sponsor formally and legally promises to financially support the K1 visa applicant during their time in the United States.
The spouse who files the Affidavit of Support is referred to as the sponsoring spouse. The sponsoring spouse must generally provide financial support until the immigrant becomes a U.S. citizen or has completed 40 quarters of work.
Financial Obligations After Divorce
If the couple divorces after the foreign fiancé(e) becomes a permanent resident, the sponsor is still responsible for supporting the foreign spouse. The sponsor's financial obligation is based on the poverty guidelines set by the U.S. government.
The sponsor's responsibility lasts until the immigrant becomes a U.S. citizen, has earned 40 work quarters credited toward Social Security (a work quarter is about three months, so this means about ten years of work), dies, or permanently leaves the United States.
The sponsor's financial responsibility usually lasts until the applicant either becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work (usually 10 years) under the Social Security Act.
The law requires a sponsor to prove an income level at or above 125 percent of the Federal poverty level. (For active duty military personnel, the income requirement is 100 percent of the poverty level when sponsoring a husband, wife, or children.)
This means that the sponsor is responsible for maintaining the sponsored immigrant above the federal poverty line, and is also responsible for repayment of any means-tested public benefits that the sponsored immigrant obtains.
You bear more responsibility on the immigrant as a sponsor. If the unexpected happens, you may be faced with fines and lawsuits. Before you sign an Affidavit of Support, speak with an immigration attorney for free evaluation of your specific situation and how best to prepare for any undesirable outcome.
As the petitioner and financial sponsor, you will not only need to show that your income and assets are high enough to avoid the immigrant becoming a public charge, but you'll have to promise to pay the government back if the immigrant ends up claiming certain types of public assistance benefits.
How long are you financially responsible for someone you sponsor?
An affidavit of support is a legally enforceable contract, and the sponsor's responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or is credited with 40 quarters of work (usually 10 years).
| Household Size | 100% of HHS Poverty Guidelines | 125% of HHS Poverty Guidelines |
|---|---|---|
| 2 | $19, 720 | $24,650 |
| 3 | $24,860 | $31,075 |
| 4 | $30,000 | $37,500 |
| 5 | $35,140 | $43,925 |
How much money do you need to sponsor a K1 visa? To sponsor a K-1 visa, your income must meet or exceed 100% of the Federal Poverty Guidelines. In 2024, this means that for a household of two people (you and your fiancé), you need to make at least $20,440.
For what is a sponsor liable? In essence, sponsoring an immigrant means taking on the legal responsibility of financially providing for the person you sponsor during their time in the United States. By signing Form I-864, you're agreeing that you have sufficient income to take care of the immigrant.
The employer will have to pay a number of fees to sponsor a skilled worker visa, including the sponsor licence application fee and the fee to assign a Certificate of Sponsorship to the worker.
Delay Prevention: One of the most significant benefits of having a lawyer specialized in the K-1 Visa is their ability to prevent delays. The visa application process is intricate, with numerous forms and documents. A simple mistake, such as a missing or incorrectly filled document, can set you back by weeks or months.
Potential red flags that may draw questioning of the genuineness of the relationship include things such as large age gaps between the fiancées, discrepancies on social media, contradictory statements made during the K-1 visa interview or on the application and an usually short dating period before the engagement and ...
To demonstrate a genuine relationship under the K-1 Visa 2 Year Rule, applicants should provide evidence of having met in person within the past two years. Acceptable documents include flight tickets, photographs together, hotel bookings, or any other proof of being in the same place at the same time.
2024 Income Requirements for Green Card Sponsors
The most common minimum annual income required to sponsor a spouse or family member for a green card is $25,550. This assumes that the sponsor — the U.S. citizen or current green card holder — is not on active military duty and is sponsoring only one relative.
No, there is no open-ended responsibility to repay medical bills. The only related obligation under the I-864 is to repay the cost of "federally funded means-tested benefits" if demanded by the government. So if your sister-in-law received Medicaid, the government could potentially recover that from you.
How much money should a sponsor have?
$22,887 a year is the most common amount of money that a person needs to be a green card sponsor. This amount of money is for someone who is not an active duty member of the military. This amount also is accurate if the sponsor is only sponsoring one person.
While these requirements vary depending on the sponsor's family size, the general rule is that the income must be at least 125% of the federal poverty level. Therefore, a financial sponsor who is sponsoring only one immigrant and no family members must make at least $24,650 annually.
If a sponsor's income does not meet the minimum Federal Poverty Guidelines, he or she can submit the value of assets to make up the difference unless the sponsor is submitting a Form I-864EZ.
The legal responsibility to provide financially for the immigrant will last until either party dies or until the immigrant becomes a citizen or earns credit for 40 quarters of work, which is typically 10 years.
For ALL sponsors:
A copy of your individual federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file.
