Using a Co-Sponsor for a K1 Fiance Visa

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.

In the case of a K1 Fiance Visa, I would recommend that you try and find a family member or a close relative that can offer the financial support. Distant relatives or causal friends with little personal knowledge of the fiancé will add little value to the fiancé visa application, with their motive for helping being an issue. Co-sponsors should be someone who is invested in the relationship to some degree and their help given out of love for their family member.

US Embassies will view the totality of the circumstances when a co-sponsor is offered. Motive, type of job, level of income, relationship to the parties, and the length of time that the co-sponsor has known the applicant or beneficiary are all factors that will be assessed.

If you don’t meet the income requirements on your own, you should try using a co-sponsor from a close relative or family member that is in good financial shape. If your application is rejected, you can always get married and file for a Marriage visa and in that case, you can use a co-sponsor using form I-864.

If you have any questions about the K visa or the application process, you are welcome to give me a call at 1-888-515-3529.

Attorney Jeff Pettys

Business Consumer AllianceExpertise Badge10 best 2016 Client Satisfaction