- The Immigrant is no longer a Legal Permanent Resident and has departed the US;
- The immigrant becomes a US Citizen;
- The Immigrant has worked for 40 quarters (10 years) of coverage under the Social Security Act.
- The Immigrant Dies
The application for a K1 Fiance Visa and/or CR1 and IR1 Marriage Visa requires the Petitioner (US Citizen) to prove that he or she has the income to support the application. In the case of a Fiance visa, the Petitioner must file an Affidavit of Support using form I-134. For a CR1 or IR1 Marriage Visa, the form is an I-864 Affidavit of Support.
Unfortunately, in the case of a Fiance Visa, you cannot use the foreign fiancés (also known as the beneficiary) income to help meet the financial requirements of a Fiance Visa application. For this visa, only the Petitioner or a close family relative of either party, acting as a co sponsor, can be used to provide evidence of income to meet the Fiance Visa application requirements.
- Sponsor’s assets
Immigration benefits for same sex couples are now legal and our office is getting Fiance Visas and Marriage Visas approved for same sex couples from around the world!
As you may have heard, same sex marriages are now legal in all 50 states and this makes getting married to a same sex partner much easier than before. No longer do you have to travel to a state that allows for same sex marriages after your fiancé enters the US on his or her Fiance Visa to get married. Also, you no longer have to worry about the religious or legal impediments in the foreign fiancés country. All Fiance Visa applications are processed by a local US Embassy who applies only US law. So even if your fiancé comes from a country that does not recognize same sex marriages or has strong religious opposition to same sex marriages, the application will be processed and approved in accordance with US law.
If you are already married and you were married in the US, you can now apply for a Marriage Visa without issue or your foreign spouse can adjust status to become a Legal Permanent Resident depending on your circumstances.