Are You Financially Responsible for Someone on a K-1 Visa?
Yes, if you are a U.S. citizen petitioner for someone entering the U.S. on a K-1 fiancé(e) visa, you are financially responsible for them, at least to a certain extent.
Here’s How It Works:
When your fiancé(e) enters the U.S. on a K-1 visa, you must:
- Get married within 90 days of their arrival.
- File for adjustment of status so they can become a lawful permanent resident (green card holder).
At the adjustment of status stage, you will be required to submit Form I-864, Affidavit of Support, which is a legally binding document. By signing it, you agree to financially support your spouse so they do not become a public charge (i.e., dependent on government assistance).
Your Financial Responsibility Includes:
- Maintaining income at 125% of the Federal Poverty Guidelines.
- Being potentially liable to repay the government for certain public benefits your spouse may receive (e.g., Medicaid, SNAP).
- The responsibility remains until your spouse becomes a U.S. citizen, works 40 qualifying quarters (about 10 years), leaves the U.S. permanently, or dies.
Before Marriage:
While you’re not yet legally married before the 90 days are up, U.S. Customs and Immigration still expects that the U.S. citizen will financially support the fiancé(e) during that time.
