Proving your ability to support your foreign fiancée has become a more critical issue for K-1 fiancee visa petitioners.
During the typical review of a K-1 fiance visa application, adjudicators were primarily concerned about the bona fide nature of the relationship. Is the relationship legitimate? Do the couple really seem to love each other? Or is the foreign fiancé doing this just to get a green card? Petitioners and beneficiaries fretted about whether they had submitted enough evidence to satisfy adjudicators on this point.
Now, the trend appears to include a more critical review of the petitioner’s ability to support his/her fiancé(e) on the I-134. K-1 regulations require that petitioners show they have an income that is at least 100% of the poverty guidelines as promulgated by the U.S. Department of Health and Human Services. For a petitioner who had no other dependents living in his household, the amount for 2012 was approximately $11,000.
Petitioners whose incomes greatly exceed the HHS poverty guidelines still do not have much problems proving their ability to adequately support their fiancées. Unfortunately, those whose incomes are slightly above the poverty guidelines are finding more challenges and even outright denials.
If you are on the bubble in terms of your annual income. contact me for a consultation. If your income has decreased due to the softening of the economy, and you are not sure how the consular officer will review your income situation, call me to see how we can help. Unfortunately, officers are now skeptical of petitioners who come too close to the poverty guidelines. While earning more than the listed figure should be sufficient to grant the K-1 fiance visa, officers appear to be requiring a sufficient cushion above the poverty guideline figure.
This is frustrating for applicants as they face an unexpected prospect of a denial. Nonetheless, it is the reality for some K-1 fiances and those preparing for their interview should be looking for additional sources of income to bolster any borderline I-134 affidavit of support documentation.
Theodore Huang, Esq. has been practicing business immigration, EB-5 investor, and family immigration law since 1997. Highly recommended on LinkedIn, Attorney Huang has written numerous articles on visa matters affecting foreign new hires, start-ups, and intracompany transfers. His articles have appeared on www.EB5Planet.com, www.VisaSoup.com, www.MyVisa.com, and www.GoFianceeVisa.com For more information and a free consultation, please contact him immediately.