Theodore Huang, Immigration & SSD Lawyer

U.S. Citizenship and Immigration Services Public Engagement Division and the National Benefits Center invite folks to participate in a stakeholder teleconference on June 26, 2013, at 12:30 p.m. (Eastern) to discuss Form I-864, Affidavit of Support.

Affidavit of Support documents are important documents used for K-1 and green card processing.

During the engagement, USCIS subject matter experts will present an overview of Form I-864, offer filing tips, and address the primary reasons for requests for evidence. Participants will have an opportunity to ask questions and to provide feedback on Form I-864.

One question I frequently get asked is if a US citizen makes enough money to serve as a financial sponsor. Immigration regulations require that the US citizen file an affidavit of support and indicate how much s/he is making. If he is making an inadequate amount, then a co-sponsor will be needed to enable the K-1 benefit or adjustment applicant to obtain the immigration benefit.

When filing the I-864 affidavit of support, the regulations do not require federal tax returns for the past 3 years. Only the most recent year is required. However, the most recent 2^nd and 3^rd year tax returns may be produced if the sponsor thinks it will help to show that he is qualified to serve in this capacity.

To review the poverty guidelines and determine whether you make enough to qualify, click this link: Poverty Guidelines 2012

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.

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.

In a word, NO. The consular officer is primarily concerned about whether the fiancé(e) will become a public charge upon entering the U.S.A. If the applicant can show that the US citizen petitioner has adequate financial resources, the K-1 fiancee visa may be granted without the foreign fiancé(e) providing an affidavit of support.

Supporting documentation that can be helpful to show this includes but is not limited to federal tax returns, employment verification letter, and bank and savings account statements.

Having said the above, it is still helpful to provide an affidavit of support even though it may not be necessary. It is difficult to predict what a consular officer may be looking for, and producing an affidavit of support helps to cover the basis. It provides an organized breakdown of the US citizen petitioner’s available financial resources.

Need help determining whether you qualify for the provisional waiver or deferred action? Call us or send us an email.

A K visa applicant and any accompanying children must meet the public charge requirement of INA 212(a)(4) (8 U.S.C. 1182) like any other visa applicant.  Evidence of support is usually requested by the consular officer.

There is, however, no absolute requirement that an affidavit of support or other public charge documentation be presented!

It is only necessary that the consular officer be able to conclude that the alien is not likely to become a public charge.  It would not be unusual, therefore, for a healthy alien of working age, applying alone, to be able to establish eligibility during the visa interview without the need for substantiating documentation.

If you’re interested in applying for a fiance visa for your foreign fiancee, call me at 626-771-1078 for a free consultation.

US embassy in Rome, Italy reports that affidavit of support issues are a typical issue that impacts visa processing including for K1 fiancees. Situations arise where the US petitioner is not employed or has not filed US taxes. Circumstances such as these require a joint sponsor. Should a petitioner submit paperwork for a joint sponsor, petitioners are reminded to also submit an affidavit of support for him or herself.

Given the difficult economy, we are seeing affidavit of support issues affect more fiancée and immigrant visa petitions. Should you need assistance bringing over your loved one to the USA, please contact our office.

Clarification was sought from the USCIS regarding a  K1 fiance visa applicant who applied at the U.S. Embassy in Manila, Philippines. This person’s U.S. petitioner  did not have sufficient income to serve as a financial sponsor and thus needed a co-sponsor to fulfill the income requirements. The K-1 fiancee applicant claimed that s/he was told the U.S. Embassy did not accept co-sponsors. In response, USCIS indicated that this was an issue to be discussed with the Department of State. We don’t know the exact details surrounding this application, and await more clarification.