K-1 Fiance(e) Visa Income Requirements for the US Citizen

One of the requirements of admissibility of a foreign national in the K-1 fiance(e) visa context is that the foreign national must not be likely to become a “public charge.” What this means is that evidence must be presented that the US Citizen is able financially support their fiance(e) (or spouse in the context of adjusting status).

The standard used during the adjustment of status process is 125% of the federal poverty guidelines, and while technically this isn’t required during the K-1 application process at the consulate abroad, in effect it is often used as the standard.

Setting joint/co sponsors and assets aside for a moment, let’s take a look at the 2011 Poverty Guidelines published by USCIS:

What you would do is count yourself and your K-1 fiance(e), who will be your spouse once the adjustment of status is filed, as well as any other dependents.

If you have no dependents, but your K-1 fiance(e) will be accompanied by two K-2 children, then your household size (assuming you live in one of the 48 contiguous states) would be 4. You would need $27,937 of yearly income to meet the 125% standard. Note that you can meet the 125% poverty guideline standard with a combination of income and assets (but the assets are not counted at a dollar-to-dollar rate).

In case you don’t meet the 125% poverty guideline standards, you can find a joint sponsor or co-sponsor, such as a family member.

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