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Elizabeth-Oscar

Responsibilities of Co-Sponors for K-1 Visa

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My understanding is a co-sponsor for the K-1 visa essentially is agreeing to take financial responsibility so that the K-1 visa recipient won't go on public benefits (SNAP, medicaid, medicare, etc).... the question is should the K-1 visa holder incur other personal debt such as credit card debt, medical bills, cause an accident of some sort, etc, could the entity (credit card company, hospital, injured person) make a claim against the co-sponsor to recuperate their money?

Thank you so much in advance for any help.

-Elizabeth

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No.

It's a contract to pay the government for welfare received by the immigrant.

You are not agreeing to pay bills from private 3rd parties. They can not sue you.

Also, once the K-1 marries and the I-864 is filed, the I-865 superceds the I-134.

Furthermore, its said that the I-134 is invalid per se. No one here has ever heard of the government coming after anyone for an I-134.

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The I-134 used for the K-1 visa is not even legally binding, and it has nothing to do with the beneficiary's personal debt.

9 FAM 40.41 N5.6-3 Use of Form I-134, Affidavit of Support
(CT:VISA-1995; 06-06-2013)

a. Form I-134 may be requested by you in any case in which an alien is inadmissible on public charge grounds, but where the I-864 is not required. Section 213 of the INA (not section 213A) permits the admission of any alien who is inadmissible on public charge grounds in the discretion of the Secretary of the Department of Homeland Security or the Attorney General, by the posting of a bond, or by another undertaking. The I-134 is considered to be another such undertaking.

b. Because INA 212(a)(4)(C ) and INA 213A require the use of Form I-864 for so many classes of immigrants, the use of Form I-134, Affidavit of Support, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864.

http://www.state.gov/documents/organization/86988.pdf

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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