The application for a K1 Fiance Visa and/or CR1 and IR1 Marriage Visa requires the Petitioner (US Citizen) to prove that he or she has the income to support the application. In the case of a Fiance visa, the Petitioner must file an Affidavit of Support using form I-134. For a CR1 or IR1 Marriage Visa, the form is an I-864 Affidavit of Support.
Unfortunately, in the case of a Fiance Visa, you cannot use the foreign fiancés (also known as the beneficiary) income to help meet the financial requirements of a Fiance Visa application. For this visa, only the Petitioner or a close family relative of either party, acting as a co sponsor, can be used to provide evidence of income to meet the Fiance Visa application requirements.
However, for a CR1 or IR1 Marriage Visa, the foreign spouses income can be used to support the application. The I-864 Affidavit of support form allows for the inclusion of the beneficiaries’ income and assets to demonstrate that the beneficiary, once granted the visa and living in the US, will not become a financial liability for the state. To be included and considered by immigration, the beneficiary must demonstrate that his or her income will continue once the visa is granted and the foreign spouse begins to live in the US.
If you have any questions about the requirements of an Affidavit of Support for either a Fiance Visa or Marriage visa, please feel free to call me toll free at 1-888-515-3529. I am always happy to consult on these marriage visa matters.
Attorney Jeffrey C Pettys