What are the K1 Visa Income Requirements?
Income and or assets will be checked near the end of the fiance visa process.
A fiance visa case goes through 3 steps. The initial paperwork is filed with USCIS. Once that paperwork is approved your case will be sent to the National Visa Center. The National Visa Center will primarily do background checks on the U.S. Citizen and the foreign fiance. If all checks out the case will be sent to the local consulate or embassy for the foreign fiance.
At the consular or embassy stage your fiance will be notified of all the documents to complete and turn in or bring to his or her interview. This will include form I-134 which is the affidavit of support in fiance visa cases. Income is checked near the end of the case (so in 2019 about 9 or 10 months after the case is filed).
The U.S. Citizen will need to show that he or she has complied with the k1 visa income requirements by proving his or her income to the U.S. government.
The U.S. government uses the federal poverty guidelines to determine if the U.S. Citizen can meet this requirement.
The amount the U.S. Citizen has to make per year, in order to satisfy the requirements of the I-134 , is based on the location of the U.S. Citizen (Hawaii and Alaska require more income than the other 48 states) and the new family size when the foreign fiance and his or her children come to the United States.
The U.S. Citizen, for a fiance visa case, will need to make 100% (not 125%) of the federal poverty level for the new family size (add your fiance and any children coming over to calculate the new family size when doing your I-134 income analysis).
If the U.S. Citizen cannot qualify based on income he or she may be able to use assets (such as cash on hand, bank accounts, equity in a home or other real property) to meet the requirement.
If the requirement is still not met then a financial co-sponsor may be used. However, although most do, not all embassies or consulates accept financial co-sponsors in fiance visa cases. Check with our office or another immigration law office to make sure a co-sponsor can be utilized in your case.
Laws and other requirements change. If you have any questions about this article please do not hesitate to call or email us at 888-801-6558 or firstname.lastname@example.org
If you would like to learn more about the fiance visa process please read: “Top 10 Things You Should Know About the Fiance Visa Process.”
Lawrence Gruner is a fiance visa attorney with over 20 years of experience handling immigration cases. His office is located in downtown Sacramento. His office handles K1 fiance visas in California, the United States, and the World. He would be happy to analyze your fiance visa case and help you come up with a plan at no charge. He can be reached at 888-801-6558 or at email@example.com