Q: Can I apply for a K-1 visa for my fiance if my income is just under 125% of the 2017 poverty guideline?
I recently traveled and proposed to my girlfriend (we are engaged now), and would like to apply for her to come and get married on a K-1 visa. I am currently a graduate PhD student, and working as a research assistant. My annual salary is around $19,950, which is just under 125% of the poverty guideline that USCIS published for 2017 ($20,300). Can I still petition for my fiance to come, or do I need a co-sponsor? I understand the fiance visa only needs 100% of the poverty guideline, but I read that some consular officers refuse to give the visa for less than 125%. I am a naturalized US citizen and just recently obtained my citizenship (approximately one month ago).
A: You can also use the value of assets to qualify. There are very specific rules about which assets can be used and what value you will need to cover. You should consult with an attorney before apply for a K-1. Otherwise, you will probably need a co-sponsor.
A:
Although you may need a Form I-864 joint sponsor during the adjustment of status stage, following your fiancee's admission to the United States, you are correct that the embassy/consular officer adjudicating your fiancee's K-1 visa application should not be applying the 125% threshold to your Form I-134 affidavit of support in connection with the visa application at the embassy. If you are interested in reading further yourself information on this topic, review the U.S. Department of State's Foreign Affairs Manual (FAM) at 9 FAM 302.8-2(B)(3)g.(3).
Incidentally, whether you will or will not need a joint sponsor in the future, that issue does not preclude you now from filing the I-129F, Petition for Alien Fiancee. U.S. Citizenship & Immigration Services, who adjudicates the I-129F, is not during this portion of the case evaluating your income level.
As my colleague who also responded to your question indicated, consider consulting with a competent immigration attorney.
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