One of the greatest concerns that many couples have concerning the fiancee visa (or fiance visa) is whether the petitioner will be able to demonstrate that the beneficiary is financially supported. This concern is especially acute for many fiancee visa applicants because many fall in love and decide to marry early in life when they are not yet financially secure.
The following is meant to provide some comfort to those fiancee visa couples stressed out about the Affidavit of Support and its requirements. If you would like additional information about the Affidavit of Support and its financial requirements, please contact a K-1 fiance(e) visa lawyer.
What is an Affidavit of Support?
In essence, the affidavit of support is a contract between the immigrant’s sponsor and the American government. In the affidavit of support the sponsor demonstrates that the fiancee visa beneficiary can be financially supported and will not become a “public charge” of the government.
Who needs an Affidavit of Support?
Most family-based immigrants are required to obtain a sponsor who will sign an Affidavit of Support for the intending immigrant. Although there are many exceptions. In most fiancee visa cases, the couple will need to complete two affidavits of support. One affidavit of support must completed before the fiancee visa interview at a U.S. consulate. The second affidavit of support must be completed after the couple is married and the foreign national spouse applies to become a lawful permanent resident.
Does a Fiance(e) visa couple need to complete the I-134 or the I-864?
A K-1 fiancee visa couple must complete both the I-134 and the I-864 forms. However, the forms are not filed together. Instead, the I-134 form must be completed before the fiancee visa interview at a U.S. consulate. The I-864 will not need to be completed until the couple is married and the foreign national is adjusting status to become a lawful permanent resident.
What is the financial requirements? What level of the U.S. poverty level must the U.S. citizen earn?
If the sponsor of the immigrant is the immigrant’s spouse, the sponsor must demonstrate that his or her income is at least 100% of the U.S. poverty level.
What happens if the sponsor does not earn enough money?
If the sponsor’s income does not meet the threshold amount, the sponsor can also demonstrate that his or her assets are significant enough to support the foreign national beneficiary.
When does these obligations end?
The sponsor’s responsibilities end when the beneficiary immigrant:
- becomes a U.S. citizen,
- earns credit for 40 quarters of work in the United States,
- leaves the U.S. permanently, or
- dies.
What if a couple separates, does the Affidavit of Support obligations cease?
No, the sponsor’s obligation does not end simply because the couple separates.
http://travel.state.gov/visa/immigrants/types/types_2994.html#Forms