Marriage Visa Attorney Blog
The Petitioner for a Fiance Visa must generally show that he or she earns income in access of the US Federal Poverty Guidelines for the size of your intended family for the most recent calendar year. The Federal Poverty Guidelines are published by the US Department of Health and Human Services. Although the Petitioner for a Fiance Visa only has to earn in excess of the Federal Poverty Guidelines, you should be aware that the income requirement of a CR1 Marriage Visa or Green Card is 125% above the US Poverty Guideline. This is important to know because after obtaining the Fiance Visa, you will be required to apply for a Green Card and the 125% requirement will be imposed.
The income for a Fiance Visa must come from a US based source (an exception is for U.S. military stationed or on deployment overseas, and also for Department of Defense Contractors).
The income for a Fiance Visa must be proven with a copy of your current tax return and w2. Prior years are only relevant to help show stability should this become an issue. Assets in lieu of earnings is generally not allowed for Fiance Visa processing. You will also be required to substantiate your current employment with a letter from your employer.
If you do not meet the income requirement for a Fiance Visa, most consulates do allow for a co-sponsor. Your co-sponsor will be required to meet the same income requirements as the Petitioner applying for a Fiance Visa.
If you have any questions about obtaining a K1 Fiance Visa, you are welcome to call me anytime at 1-888-515-3529.
Jeff Pettys
