Fiance Visa requirements for Eligibility for a K1 Fiancee Visa
Fiance Visa Requirements: Sponsor is US Citizen
U.S. citizens ONLY, can sponsor an Alien Fiancee. Legal permanent residents are NOT eligible.
Free to Marry
and your fiancé(e) must
both be free
to marry, at the time you submit your petition. This means that both of
you are unmarried, or that any
marriages have ended through divorce, annulment or death.
Face to Face Meeting
You must also have met with your fiancé(e) in person, "face to face" within the last two years before filing.
Planning to Marry
must affirm that you both intend to marry during your fiancee's stay in
Bone Fide Relationship
must be able to convince immigration that your relationship is genuine.
must be able to prove annual income of $15,510 plus $4,020 for any
|Persons in Family or Household||48 Contiguous States and D.C.||Alaska||Hawaii|
|For each Additional person add||$4,020||$5,030||$4,620|
How to prove your Income.
The way to demonstrate his income, the US sponsor normally provides his most recent Federal Tax Return, 3 to 6 pay stubs showing 'Year to date' earnings, plus a letter from his employer confirming his job, and what the annual pay is.
Cash Assets count as an alternate to income.
In some cases a sponsors income may be low, but he has 'money in the bank'. Cash assets, can be used as a substitute for annual income. 'Cash' assets are assets which can be easily converted (sold) to cash. For example: stocks, bonds, certificates of deposit, cash in a checking account can be used. Other assets that can NOT be easily turned to cash with the EXCEPTION of equity in his home, are not useable.
Cash Asset Equivalents
$5 cash assets = $1 annual income
For example, a retired Fiance Visa sponsor living in California, with NO income, and no dependents would need to have $55,164 in cash assets to quality for the Fiance Visa.
5 x $15,510 = $77,550
Alternatively a combination of income and assets will work. For example, if sponsors income is $10,000 per year, then he should have $27,550 cash or convertible assets to qualify.
$15,510 - $10,000 = $5,510 x 5 = $ 27,550 cash assets needed.
Using a Financial Joint-sponsor
If the sponsors income or assets are not enough to achieve the eligibility threshold, the sponsor can ask a relative or friend to act as a joint-sponsor. Just like buying a car, a second person could 'co-sign' your loan. In this case he is financially joint-sponsoring your petition.
When a joint-sponsor is used the size of the household increases. The combined household (for the financial calculations) would include the household size of the sponsor combined with the household size of the co-sponsor.
For example, a college student petitioning for his fiancee, asks his father to joint-sponsor. Both the college student and the father would each complete an affidavit of support. The students household is just 2 persons, himself and his fiancee. The fathers household would be father, mother, and the two siblings still living at home. Thus the combined household would be 6 persons, and the combined income of both sponsor and joint-sponsor would have to be $31,590 or more.
A joint-sponsor can be used for any Spousal Visa or Adjustment of Status petition, and can be used for MOST Fiance Visa petitions. Not all consulates allow the use of a joint-sponsor for a Fiance Visa. Philippines, Indonesia, Vietnam and Nigeria do not.
If you are applying for a Fiance visa and know you will need a joint-sponsor, before filing the petition, best is to contact the consulate directly and confirm whether the consulate's policies permit the use of a financial joint-sponsor.
Using a Financial Joint-sponsor
As most US sponsors are regular full time employees, his income proof is most likely his recent Federal Tax Return 1040, 3 to 6 recent pay stubs (showing year to date earnings) and a letter from his employer stating the terms of his employment.
Employed, Unemployed, Retired
When reviewing your income, Immigration attempts to forecast whether your income will be adequate not only today, but will continue to be sufficient over the next TEN years. When it comes to looking at your older income history, compared to today’s performance, the philosophy is: 'What have you done for me lately?'
Income was under the requirement last year,
but OVER this year
Your present income has the most weight. If your income was low last year (you were a student, unemployed, disabled) it really won't negatively effect you, so long as this year you have a solid permanent employment, have been on the job at least three months, and your income to date (shown by your pay stubs) shows you are on track to earn in excess of the eligibility requirement by the end of this year.
Income over the requirement last year,
but UNDER this year
If the reverse is true: your income was good in previous years but now you are unemployed or a student, etc, you have a ‘Hard Sell’ to convince immigration you meet the financial requirement. If you do not want to use a co-sponsor, or are not permitted to use one, then the best you can do is adjust the timing of when you submit your petition, so that at the time the financial evidence needs to be presented (about 7 months after submitting a Fiancee or Spousal visa, or 3 months after submitting an Adjustment of Status petition) the income from your current job is adequate, and it is likely you will continue at the job. This may mean first finding your next job, before submitting your Fiancee or Spousal petition, or submitting early, well before retirement starts.
Equity in your Home
$5 dollars in liquid
cash assets can be used as the equivalent for $1 dollar
in income. Also equity in your home can be used.
What is required to demonstrate your equity, is
a professional appraisal estimating the current
market value of your home. An online free estimate
won’t be good enough. A professional ,
very recent, appraisal, is needed.
By Fred Wahl