Support affidavit

[ricaltman]

In my fiancee's application for a visa, there was a guarantee of support that I signed. Does anyone know what that means if we divorce? It sounds like I'm obligated to support her, but for how long?

[dnoblett]

In my fiancee's application for a visa, there was a guarantee of support that I signed. Does anyone know what that means if we divorce? It sounds like I'm obligated to support her, but for how long?

 

 

There is more to the I-134 than just signing the form, you need to attach evidence of income, (Typically Past 3 years IRS returns or transcripts, copies of up to 6 months pay stubs, and perhaps a letter from employer.)

 

As for obligation of the I-134, you will be obligated to support for as long as in legal status in the USA on K-1 visa. The I-134 obligation ends when K-1 gets green-card at which point the I-864 affidavit of support that you will provide when adjusting status kicks in. It is the I-864 for the green-card that is the long term binding one.

[Kyle]

This is a pretty good link that can give more insight to the I-864

 

http://travel.state.gov/visa/immigrants/info/info_3183.html#10

 

More info on the I-864

 

http://www.uscis.gov/files/form/i-864instr.pdf

 

Your obligation to support the immigrant(s) you are

sponsoring in this affidavit of support will continue until the

sponsored immigrant becomes a U.S. citizen, or can be

credited with 40 qualifying quarters of work in the United

States.

 

Although 40 qualifying quarters of work (credits) generally

equate to ten years of work, in certain cases the work of a

spouse or parent adds qualifying quarters. The Social Security

Administration can provide information on how to count

qualifying quarters (credits) of work.

 

The obligation also ends if you or the sponsored immigrant

dies or if the sponsored immigrant ceases to be a lawful

permanent resident and departs the United States. Divorce

does not end the sponsorship obligation

Edited February 25, 2011 by Kyle (see edit history)