Getting married on a fiancé visa without applying for a green card. Can I be a financial sponsor with foreign income if we plan on remaining overseas?

[Reza and Kelly 0]

I am a US citizen and my Indonesian fiancé and I want to get married in the US where my family is and then return to Indonesia where we both work and live. It's next to impossible for him to get a tourist visa (since he doesn't own property and hasn't been outside of Indonesia), so it seems like the K-1 visa is the best option. I sent in the I-129F and received my NOA on January 17, 2017. I have two questions about our situation:

 

1. Can I be his financial sponsor if I meet the income requirement even though my income is from overseas? I saw one forum that said you may if you can prove you'll still have that income when you move to the US. Since we're not planning on moving back to the states, does my foreign earned income count? 

 

2. If we get married and go back to Indonesia without filing for an adjustment of status or the green card, will that hurt his chances of later getting a tourist visa or (down the road) a spousal visa?

 

Thanks!

[Kastrs 723]

1- I believe you should look into a co sponsor in this case, generally the embassy is looking for either US based income or a demonstration that the income will continue once in the US

For a K1 you will need the I134, which is a non legally binding document

 

2- no, although it is not common, there are people who do exactly what you are planning and face no issues in the future with visas

[zilchfox 296]

1. If you're not receiving a W2 and the income isn't US-based, you might need a joint sponsor.

 

2. Should be fine for the tourist visa, as long as they can prove they have ties back home. K-1 visas are technically non-immigrant, so going back to Indonesia without AOS would still be okay in CBP's eyes. You'll have to apply for a spousal visa IR-1 or CR-1 to have your future spouse move here, however, but I'm guessing you're already aware of that.

 

Kind of a waste of money going through with the K-1 visa though, no? I would assume a tourist visa would be easier to get, but I guess not. Oh well, it's your money, so you can choose however you see fit to spend it

Edited March 21, 2017 by zilchfox

[Reza and Kelly 0]

Thanks for the fast response! I asked my parents if they would mind being our sponsor, but they were hesitant since it seems like they could potentially be taken to court if some disaster happened and they're older and saving for retirement plus paying off a house. Any information that might quiet their qualms? Or other suggestions? Thanks again! 

[zilchfox 296]

Not really got anything for you, as joint sponsors they would also be responsible. Now, as a K-1 joint sponsor, that obligation ends once the K-1 visa has been fulfilled, however keep in mind that you'll need to file I-864, a different type of financial sponsorship, when it comes to AOS, and that obligation ends when your spouse becomes a US Citizen. By then, hopefully you won't need the joint sponsor.

 

P.S.: Sponsorship is terminated once they leave the country and are not a resident, among other things (US citizen, death).

Edited March 21, 2017 by zilchfox

[usmsbow 801]

On 3/21/2017 at 5:04 AM, Reza and Kelly said:

Thanks for the fast response! I asked my parents if they would mind being our sponsor, but they were hesitant since it seems like they could potentially be taken to court if some disaster happened and they're older and saving for retirement plus paying off a house. Any information that might quiet their qualms? Or other suggestions? Thanks again! 

 

That really is more of a legit concern for adjustment of status, not the K-1 itself. I mean yes, it sounds like you'll need a co-sponsor to get the K-1, but what type of government benefit would your future wife be able to get when she's here briefly? A medical emergency? That's about all I can think of. That can be covered by insurance while she's here. Beyond that, I don't know what else could be a liability. 

 

In other words, there is hardly anything they could potentially be taken to court over. And even in the example I gave (medical emergency), I'm skeptical they'd be held responsible for any related expenses.