Technically speaking, when applying for a K1 Fiance Visa, USCIS requires the US Citizen Petitioner to show income equal to 100% of the US Poverty Guidelines for your size family. This may technically be correct, but you will need to show income of at least 125% of the US Poverty Guidelines in order to successfully obtain your fiance’s Legal Residency after getting married. For this reason, I strongly suggest that you think twice about applying for a K1 Fiance Visa unless you earn the higher income requirement of 125% unless you have sufficient liquid assets to compensate for the lack of income or a co sponsor who does meet the requirements. Nothing could be more tragic than waiting for the K1 Fiance Visa to be approved, moving to the US, getting married and then not being able to secure Legal Residency for your spouse because you don’t earn enough money to qualify for a Green Card.
Before proceeding, I recommend that you discuss your financial situation with an experienced Immigration attorney who can help you determine if you will meet the income requirements for a smooth and successful process for your size family. In the case of a family of two, this is normally about 27,000 per year. You can determine the exact amount you need by going to the US Poverty Guideline site online. The US Poverty Guideline chart will break down the poverty level for whatever size family you are. Find that number and multiply it by 1.25. If you meet or exceed this number, you should be fine.
USCIS will first look to your most recent Tax return to determine your income and this tax return will need to be supported by a W2 or 1099. You need both. USCIS will also look at any Bank and Investment statements that you have to show your assets, especially if your income falls below the required amount.
You are welcome to call me anytime at 1-888-515-3529 to discuss your income and assets or ask me about the K1 Fiance Visa process.
Attorney Jeff Pettys