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ResourcesVisa & Immigration LawUS Immigration LawK-1, K-3, CR-1, And IR-1 Visas: Affidavit Of Support And Overseas Assets?

K-1, K-3, CR-1, And IR-1 Visas: Affidavit Of Support And Overseas Assets?

Transcript of the above video:

As the title of this video suggests, we are discussing K-1, K-3, CR-1 and IR-1 Visas. These are the primary Spousal type visas. Even though the K-1 is a Fiancé Visa, from the standpoint of adjudication, they are kind of all viewed as if they were Spouse Visas. So from a legal standpoint they view them all as family-based, immediate relative for either the proposed spouse or the spouse of an American citizen although the CR-1 and IR-1 categories can pertain to the spouses of a Lawful Permanent Residence in the United States. 

The reason for the video is I wanted to talk about Affidavits of Support and overseas assets. I have had a lot of folks asking me recently or telling me recently that, "well we have got X amount of money, why won't you put that on the Affidavit of Support or specifically why aren't they considering it, oftentimes we will put it on there, mostly at the insistence of the client notwithstanding that I have told them exactly what I am going to say in this video which is the US Federal Government cares about what assets someone has in the United States because at the end of the day, the Affidavit of Support, especially the Affidavit of Support, the I-864 associated with Marriage Visas, and later associated with Fiancé Visas in the adjustment of status process, that Affidavit of Support, well part of it is set up if you will, its function is to create a methodology whereby the American Government can be recouped, can be reimbursed if you will or can recoup or can be reimbursed for any monies that are paid out in terms of means-based benefits, so welfare so to speak, means tested benefits in the United States. So folks that go on SNAP, or Aid to families with dependent children although I think that is gone now, or it is renamed or whatever, so-called welfare, whatever you want to call that, there are means tested benefits. If someone who has been sponsored by an Affidavit of Support goes on to means tested benefits, the government can then basically ask for reimbursement for those benefits from the person who sponsored that person in their Affidavit of Support. So when they do that, they want to be sure that they are dealing with assets that are physically present in the United States where they have jurisdiction over the assets, to seize them if necessary to pay back for the payout of so-called welfare benefits. 

So, understand that when you are dealing with an Affidavit of Support, even before the Visa is issued, the adjudicator doesn't particularly care how much wealth you have outside of the United States, it's going to be wealth inside the United States that can be used as remuneration for possible welfare benefit payouts in the future. That is the purpose of the Affidavit; that is why they want you to sign the sponsorship agreement. Again, the K-1 is different, the K-1 Affidavit of Support, you don't deal with that until you are dealing with adjustment of status; you don't deal with it as directly I should say. But that said, yeah at the end of the day, the adjudicator is going to want to see assets in the United States that could be attached for purposes of remuneration for later usage of possible means tested benefits in the United States.