The K-1 Fiancé Visa Affidavit of Support
A loved one or a fiancé, who is a foreigner, of a US citizen can enter the United States through the issue of a K-1 visa. The visa requires the US citizen to marry the foreigner within three months of entry. After the marriage formalities have been completed, the foreign national may apply to become a Green Card Holder or a permanent resident of the United States.
If the foreign national does not marry the green card holder, he/she should leave the country within a month of entry. The K-1 visa can allow significant immigration advantages even though it is classified as a non-immigrant visa. To be eligible for a K-1 visa, there are certain documents required to establish affidavit of support.
To qualify as a sponsor for your fiancé, you (US Citizen) should be able to provide documents that prove your earnings are satisfactory in accordance for the size of your household as per the present Federal poverty stipulations or guidelines. These stipulations can be found on Form I-864P in the Poverty Guidelines, which are updated every year.
There are separate guidelines for individuals who are serving the Armed Forces in the United States. This includes all those who are in the Air Force, Army, Coast Guard, Marines and Navy. They have to meet 100% of the income guidelines as per the size of the household.
If you find that your income is not enough to meet the guidelines, you can give proof of assets to supplement it. However, this option can be used only if the monetary value of the asset can be converted within 365 days and be used to sustain your fiancé.
There are different types of assets that can be used to supplement your income. Certificates of deposit, bonds, stocks can be used as they are liquid assets and can be converted to cash. Real estate property can also be used as assets as long as they can be put up for sale within a year of filing the visa.
To use the assets to supplement your income for a K-1 visa, you should be able to produce documents that prove the location, value and ownership of the assets. In case there are liabilities attached with the asset, this information should also be provided. You will also have to present financial statements such as those from a bank which will provide details of your account for the past one year.
A record of the withdrawals and deposits made during this period and the date on which the account was opened will be mentioned in the bank statement. The current balance will also be checked whether it meets the guidelines. Sponsors can also provide information about income that is not taxable such as housing benefits.
If you do not earn sufficient income, you can opt for a joint sponsor who can provide documents that will support the visa petition. Joint sponsors can also step in if the original sponsor has passed away before he could bring in all the family members in to the United States.
Joint sponsors should be green card holders or lawful US residents. They should reside in one of the US states and be over 18 years of age. You can bring in as many joint sponsors as you need provided that each of them should meet the income requirements of the Federal poverty guidelines.
