Cape Coral, FL asked in Immigration Law for Florida

Q: K1 visa question about income

At my fiancees K1 visa interview he was told that I (the us sponsor) does not make enough money to be his sponsor, even tho I make above the required amount, I believe they will not accept it because I am on disablitlity . I was able to get an amount raised to put into my savings. will this be enough to prove that I have the amount required. They want a cosponsor but I have no one to do that.

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3 Lawyer Answers
Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: You should retain counsel here in Florida to represent you from start to finish so that your case will be handled without delay or complications.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: In my experience during the current administration, consular officers are being particularly difficult as it concerns determinations regarding the sufficiency of people's income for affidavit of support purposes. Certain disability income may not be used to make sufficient an affidavit of support, namely such income that is a "means tested" benefit. Not all disability benefits are means tested and, if such is the case for you, perhaps a better explanation is what is in order rather than finding a joint sponsor. If, however, your type of disability income is problematic, then a joint sponsor may be in order. Assets can be used to make up short-falls in income, but there is a formula for determining the amount of assets that is needed. At a minimum, you should likely schedule a consultation with a competent immigration attorney who can ask you many questions to determine what, precisely, is the best course of action. Some law offices, like mine, offer consultations online via Skype for those who may not be local.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Without seeing the documentation submitted for financial purposes, it is hard to advise. Your best bet would be to speak with an immigration attorney.

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