The petitioner of a K1 Fiancé Visa will have to demonstrate that he or she earns at least 125% above the Federal Poverty Guidelines for whatever size family you will become after getting married. I suggest using the percentage of 125% because this is the number you must use when filing for your fiancés eventual change of status to become a Legal Permanent Resident To determine this amount, you need to review the Federal Poverty Guidelines published yearly by the US Government. You can find this online at: http://aspe.hhs.gov/poverty/13poverty.cfm.
You will need to demonstrate that you earn or exceed the required amount for your size family. Your family size will include you, your fiancé/spouse and any dependent children that you will be responsible for. For example, if you plan to marry someone with two children and you have a dependent child of your own from a previous marriage, you family size would be 5.
To determine the amount required to support your fiancé, you must look at the Federal Poverty Guideline for a family of five. See below chart:
|Persons in family/household||Poverty guideline|
|For families/households with more than 8 persons, add $4,020 for each additional person.|
In this case, the chart shows that the poverty guideline for a family of 5 is $27,570. Multiply this number by 125% and you will find the amount of money you need to support your fiancé visa application. In this case, $27,570.00 times 125% equals $34,462.00.
To prove your income, you will have to provide the US Embassy a copy of your last Federal Income Tax Return and W2, a letter from your employer stating your job title and annual income, and proof of any bank accounts and/or investments that you have listed on your Affidavit of Support form (I-134).
If you have any questions about the K1 Fiance visa, please feel free to call me anytime toll free at 1-888-515-3529. I am always happy to help.
Attorney Jeff Pettys