Articles Posted in Adjustment of Status

There is no legal prohibition against using a co-sponsor to support a K1 Fiance Visa. Whether it will be accepted or not by the US Embassy to support the fiance visa application is the issue.

It has been determined that the I-134 Affidavit of Support, unlike the I-864 Affidavit of Support used for Marriage Visas and Permanent Residency applications cannot be lawfully enforced due to the non-immigrant nature of a K visa. Nevertheless, most US Embassies around the world will give some consideration to a co sponsor’s willingness to help support the financial requirements of a Fiance Visa. The good news is most US Embassy’s will accept a Co-Sponsor and those that frown on it will likely give it some consideration depending on the facts of your case.

One reason for accepting a co-sponsor for a K visa applicant may be the recognition that a co-sponsor will be accepted if the parties were married and applying for a Marriage Visa or Legal Permanent Residency. It seems almost silly to exclude the use of a co-sponsor for a K visa when the parties intend to marry and subsequently apply for Legal Permanent Residency, at which time a co-sponsor can be used. Another reason for possibly accepting a co-sponsor for a K visa application is to try and help the US citizen marry his or her choice of a loved one.

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Adjusting status to become a Legal Permanent Resident while in the United States on a Visa Waiver requires careful thought and analysis.

USCIS and the US State Department is particularly sensitive to matching a persons true intent when entering the United States with the appropriate type of visa or special entry permission, like a Visa Waiver. It is an absolute “no no” to use a Visa Waiver to enter the United States for the purpose of getting married and applying to become a Legal Permanent Resident (immigrant). To do so would likely constitute fraud. The visitors intent at the time of entry is the issue.

If a person enters the United States as a visitor under the Visa Waiver program and truly intends to visit with no agenda to get married and then after entering the United States, thereafter decides to get married and wishes to stay, applying for Legal Permanent Residency is a permissible option.

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Today, thousands of students from across the world study in the United States and fall in love with a US Citizen and get married. Understandably, the loving couple want to stay together. This can be accomplished.

Most students arrive on either a J1 or F1 Student visa. Depending on the type of visa originally granted to the foreign student, there are a few alternative procedures that apply to a student who wishes to gain Legal Permanent Residency or their Green Card after getting married to a US Citizen.

Students with J-1 Visa

J-1 Visas are issued to Exchange Visitors who are participating in an established J Exchange program pre-approved by the State Department.

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