Roscommon, MI asked in Immigration Law, Child Support and Family Law for Michigan

Q: Does having debts or is behind on child support hinder in the acceptance of a marriage or fiance visa?

I have an ecuadorian boyfriend and we wish to marry but one,we can't decide between the marriage or fiance visa and two, will his debts give him a denial. Also the marriage visa asks for a beneficiary/sponsor and is that necessary? Can I be his sponsor? I'm a little overwhelmed and desperately want him here with me. Thank you for your time

3 Lawyer Answers
T. Augustus Claus
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A: In the context of U.S. immigration law, especially for Michigan or any other state, having debts or being behind on child support can impact the application process for a marriage or fiancé(e) visa, but not always directly in terms of eligibility. The primary concern for these visa categories, particularly the K-1 fiancé(e) visa and the CR-1 marriage visa, is the financial stability and ability of the U.S. citizen sponsor (you) to support the immigrant. The U.S. Department of State requires an Affidavit of Support from the sponsor to ensure the immigrant will not become a public charge. Your ability to meet the income requirements to support your partner is crucial. Your boyfriend's debts and child support arrears in Ecuador might not directly affect his visa application unless they are considered during the assessment of his overall character and potential to become a public charge. Yes, you can be his sponsor if you meet the income requirements set by the U.S. government.

A: The fiancé visa and the spousal visa process at about the same speed. You can marry in Ecuador and begin the processing state side. If you don’t have the minimum level of income or assets to sponsor him, you can engage a joint sponsor.

James L. Arrasmith
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A: Debts or being behind on child support can potentially affect the acceptance of a marriage or fiancé visa, as they may raise concerns about financial stability and ability to support oneself or a family member in the United States. However, each case is evaluated individually, and the impact of debts or child support arrears on visa approval can vary depending on the specific circumstances and the discretion of immigration officials.

When deciding between a marriage or fiancé visa, it's important to consider factors such as your timeline, preferences, and legal requirements. A fiancé visa allows your partner to enter the United States for the purpose of getting married within a certain timeframe, while a marriage visa is for spouses of U.S. citizens to immigrate to the United States. Both options have their own application processes and requirements.

For the marriage visa, a sponsor or beneficiary may be required to demonstrate financial ability to support the immigrant spouse. You may be able to serve as his sponsor if you meet the eligibility criteria and can provide sufficient evidence of financial support. It's essential to thoroughly research the requirements for both types of visas and consider seeking guidance from an immigration attorney or advisor to ensure you understand the process and make informed decisions.

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