What are the income requirements to get a K1 visa?
The sponsoring fiancé must prove they gave a stable gross earnings that is more than 100% above the federal poverty guidelines in the United States. If the sponsor’s household size is only them and their future spouse, then the income requirements to receive a K1 visa must be a minimum of $17,240 annually after deductions in 2021.
Should I apply for a K1 visa in 2021?
If you do not meet the income requirements for the K1 visa in 2021, then you should not apply for the K1 visa. Instead, consult with an immigration lawyer, who can review your case and help you determine the best path to take.
How to marry a foreigner on a K-1 visa?
Having a decent income is a must if you want to marry a foreigner and bring him/her to the U.S. under a K-1 visa. After all, you are the supporter, so you must have enough funds to take care of your fiancé. In order to meet the requirements, you must gain enough money and have a stable income.
What are the different forms for a K-1 visa?
Here are the different forms and requirements for each of the two stages: The I-134 Affidavit of Support is the first income form that must be submitted as part of the initial process to bring a beneficiary fiancé (e) from a foreign country into the United States. The I-134 is used by every nonimmigrant sponsor for a K-1 visa.
Be A United States Citizen
The U.S. petitioner must be able to prove he or she is a United States citizen. Green card holders are not eligible for the fiance visa. They are,...
Intend to Marry within 90 Days
The petitioner must convince USCIS agents and consular officers that the relationship is “bona fide”, and that he or she truly intends to marry wit...
Have Physically Met The Fiance within 2 Years
The couple must prove that they have physically met in person at least once within the last 2 years. This doesn’t mean they need to know each other...
Meet The Income Requirement
Some visas count on the alien’s financial ability. The K1 visa counts on the U.S. petitioner’s financial ability. They must meet the minimum income...
What Do I Do If I Do Not Meet The K1 Visa Income Requirements?
Instead, consult with an immigration lawyer, who can review your case and help you determine the best path to take. It is best to wait and have a plan that will work rather than apply and be denied late in the K1 visa process due to a lack of sufficient income to be considered a sponsor.
What is a stable gross income?
A Stable Gross Earnings That Are More Than 100% Above The Federal Poverty Guidelines
Do you have to earn income to get a K1 visa?
K1 visa sponsors are also required to earn their income in the United States rather than from a foreign country. There are exceptions to this rule, such as if you are completing work for your U.S. based employer (i.e., a temporary overseas assignment provided by the DoDfor a U.S.-based government contractor). However, if you are employed in another country, then your income is not likely to be considered stable once you return to the United States.
How to determine if you qualify for a K-1 visa?
To determine if you meet the K-1 visa income requirements, you’ll first need to know your household size. Generally, your household includes you and any dependents. Add together your current dependents and the intending immigrants. If your fiancé has children that will accompany, they must be included in the calculation.
What is the income requirement for an alien fiance?
In short, the U.S. citizen petitioner (person who filed Form I-129F, Petition for Alien Fiancé) must have current income that at least 100% of the poverty guidelines. For the current year’s guidelines, refer to the HHS poverty guidelines. It is updated each year so that you can easily look up the requirements.
What is your current income?
Your current income is your “expected” total income from all sources for the current year. Your current individual income may be different than it was last year. It may include sources of income in addition to your employment. Your total individual income includes:
What is the I-134 form?
Do not confuse Form I-134 with Form I-864, Affidavit of Support. Form I-134 is to be used in conjunction with the K-1 visa.
Who will review my visa?
If you work with an immigration attorney, or a fiancé visa agency , they will carefully review your situation to verify that you meet all of the requirements.
What can you use 1/3 of the dollar value of?
You can use 1/3 of the dollar value of certain assets, such as real estate, stocks and bonds.
Can you use joint sponsor in lieu of income?
In certain cases, you may be able to use a joint sponsor or assets in lieu of income. Please call us for specifics on your situation.
Do all K-1 visas meet the requirements?
Not everyone will meet the K-1 visa requirements. Check your eligibility with our K-1 visa eligibility calculator. Note that USCIS and consular officers are different and some countries may have additional requirements.
What is stable income?
Stable Income: “Stability” plays a major role in the USCIS decision process. Income derived from active employment, Veteran Administration benefits, retirement pensions, and Social Security are all stable forms of income, but income gained from unemployment is not. If the sponsor’s income is determined to not be “stable” by USCIS, there is a good chance that the visa request will be denied.
Is Rapidvisa a law firm?
No part of this post should be considered legal advice, as RapidVisa is not a law firm. This content is provided free of charge for informational purposes only. If anything herein conflicts with an official government website, the official government website shall prevail.
Can you apply for spousal visa with cash?
For spousal visas or those seeking to adjust status (green card), cash or assets which are readily liquidated can be applied towards the income requirement. Typically, if the sponsor is a U.S. citizen, the assets must be worth at least three times the amount required from the poverty guidelines. However, if you are a green card holder, ...
What Is a K-1 Visa?
K-1 visas allow U.S. citizens to bring foreign-born fiances into the country. A nonimmigrant classification, the K-1 visa is good for a period of 90 days. At that point, the foreign national must get married to the person who filed the application or exit the country.
What form do I need to apply for a K-1 visa?
If a citizen wants their application to be approved, they must submit a Form I-134, Affidavit of Support, on behalf of their non-citizen fiance. The purpose of this form is to demonstrate that the K-1 recipient will not have to rely on public benefits to afford to live in the U.S.
What should I know before applying for a K-1 visa?
You should read the Rights and Protections pamphlet before your visa interview to learn about your rights in the United States relating to domestic violence, sexual assault, and child abuse and protection available to you . The consular officer will verbally summarize the pamphlet to you during your interview. Additionally, K-1 visa applicants will be provided with any existing criminal background information on their U.S. citizen fiancé (e)s that USCIS received from other government agencies during processing of their Form I-129F petitions.
How Long Will It Take to Get My K Visa?
For Form I-129F, Petition for Alien Fiancé (e), you can visit the USCIS website for the status of your petition.
What do you need to present to a consular officer for a visa interview?
During the visa interview, applicants will be required to present evidence to the consular officer that they are not likely to become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé (e) is able to provide support.
How long do you have to meet a foreign citizen?
In general, the foreign-citizen fiancé (e) and U.S. citizen sponsor must have met in person within the past two years. USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé (e), or, for example, if it is contrary in the U.S. citizen sponsor’s or foreign-citizen fiancé (e)’s culture for a man and woman to meet before marriage.
What are some examples of ineligibilities for a visa?
Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents.
What is an I-134 form?
Evidence of financial support ( Form I-134, Affidavit of Support, may be requested)
Can I apply for a K visa for my child?
No. Your eligible children may apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé (e), that your U.S. citizen fiancé (e) filed on your behalf, but your U.S. citizen fiancé (e) must list the children on the petition. Separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee.
What is the minimum K-1 visa income requirement?
The minimum K-1 visa income requirement is based on the Department of Health and Human Services (HHS) 2021 poverty guidelines. The guideline is used to qualify the affidavit of support and demonstrate that the visa sponsor is capable of petitioning for their foreign fiancé and supporting any children the sponsor has, past immigrant (s) sponsored, and the K-1 spouse’s dependents.
Who is eligible for the K-1 visa?
A U.S. citizen can sponsor a foreign- born individual they want to marry by bringing them to the United States on the K-1 fiancé visa. The basic K-1 visa requirements to be eligible for the visa are:
Can I get the K-1 visa if I’m thinking about getting married but not sure?
You really should be serious and have a strong intention to get married to your partner with the K-1 visa. If you’re on the fence, it may be better to hold off until your more sure about the relationship .
Can my kids come with me if I have a K-1 visa?
The good news is that under a K-1 visa, the foreign-born partner’s children can obtain K-2 visas to come to the United States. The children need to be unmarried and under 21 years old to qualify. They’ll also be able to apply for green cards after the couple gets married.
How can I prepare for the K-1 visa interview?
What USCIS is looking for are illegitimate relationships or those that are just interested in getting a green card for the United States. All foreign-born K-1 applicants will need to undergo the interview so a consular officer can evaluate their intentions. You’ll be asked questions about how you met your fiancé, what sort of wedding plans are established, your fiancé’s interests and hobbies, and more. Don’t try to answer the questions with what you think is the correct answer, but instead, always be honest and truthful. If you don’t know the answer to a question, don’t lie. Say, “I don’t know” instead. In total, the interview should last about 20 minutes. The U.S. citizen partner is not required to be at the interview. You should arrive at your interview dressed appropriately and at least 15 minutes early.
What are some K1 visa questions I may be asked?
Here are some sample questions the foreign fiancé may be asked during the K-1 visa interview with the consular officer:
Should my kids come to the K-1 visa interview?
If the foreign-born partner has children that will also come to the United States on the K-2 visa, then they should also be present at the interview.
Who assumes all of the obligations of an I-864 sponsor?
The substitute sponsor assumes all of the obligations of an I-864 sponsor.
How to sponsor a relative?
If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a permanent resident. You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States.
When was Executive Order 14012 issued?
ALERT:On Feb. 2, 2021, President Biden issued Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, which revoked a May 23, 2019, presidential memorandum issued by former President Trump. Consistent with this executive order, on March 19, 2021, ...
How many K1 visas were issued in 2017?
There were a total of 35,000 K1 visas issued back in 2017, so a good number of people are trying to move to the United States with the love of their life. Even still, you have to meet some requirements to obtain a fiancé visa as the sponsoring U.S. fiancé.
How much money do you need to make to support two people?
Overall, your stable earnings need to be at least $16,910 per year in order to support a household with two people. On the other hand, when the fiancé becomes a permanent resident, you would have to earn at least $21,137 every year. These are the minimum requirements.
What is stable income?
As such, here is what a stable earning can be: Retirement earnings. Social Security retirement benefits. The salary you earn as long as it’s a U.S.-based one, and only if you have a permanent job, and not a temporary or seasonal one.
Can you qualify for disability if you have no income?
Social security permanent disability benefits. Other than that, you cannot qualify if you have benefits that are not among these types of earnings. Welfare benefits, for instance, are not considered earnings and will thus not count as such.
Do I have to submit an I-134 for a second marriage?
For the first income requirement submission, you will have to submit the I-134 Affidavit of Support whereas, for the second time, you’ll have to submit the I-864 Affidavit of Support . But the adjustment of status will only occur if you didn’t marry within 90 days of the fiance’s arrival to the U.S.
K-1 Visa Income Requirements
Determining Your Household Size
- To determine if you meet the K-1 visa income requirements, you’ll first need to know your household size. Generally, your household includes you and any dependents. Add together your current dependents and the intending immigrants. If your fiancé has children that will accompany, they must be included in the calculation. To determine your household size, add together the foll…
Proving You Meet The Income Requirement
- Once USCIS approves Form I-129F, the National Visa Center may ask the petitioner to submit additional documents, including Form I-134, Declaration of Financial Support, on behalf of the foreign fiancé. Use Form I-134 to support a visa applicant and show they have sufficient financial resources while in the United States. In short, it’s reassurance for the U.S. government that the f…
Green Card Income Requirements
- Once married, the foreign national may apply for a green card through adjustment of status. Green card applicants who are applying on the basis of a K-1 entry are generally subject to the public charge rule. USCIS will make a determination if the applicant will likely become a public charge at any time in the future based on certain criteria. USCIS will evaluate applicant’s educati…
Stable, US-based Income
Utilizing Assets
- For spousal visas or those seeking to adjust status (green card), cash or assets which are readily liquidated can be applied towards the income requirement. Typically, if the sponsor is a U.S. citizen, the assets must be worth at least three times the amount required from the poverty guidelines. However, if you are a green card holder, the assets must be five times the amount re…
Specific Challenges
- Self-Employed
Sponsors who work for themselves face additional income requirements. Since they are not on a “traditional” career path (and usually can’t get a letter from their employer), those who are self-employed must show bank account records going back at least six months and copies of their IR… - Expatriates and Domicile
Another challenge at this stage of the visa process also faces American sponsors who have lived outside of the U.S. for an extended period of time. For those who are self-employed (common among this demographic), the U.S. tax returns and bank account forms noted previously are stil…
Income Requirements For Fiance (K1) and Spousal (CR1) Visas
- As noted previously, the annual gross income of K-1 fiancé visa sponsorsmust be equal to or greater than 100% of the federal poverty guidelines. For individuals seeking to secure CR1 spousal visas or adjust their status to lawful permanent residency (green card), that threshold increases to 125%. Also note that living in Hawaii or Alaska increases ...
Contiguous Us
- (including Puerto Rico, Virgin Islands, Guam and Mariana Islands) *(Including all currently and previously sponsored aliens)