K-1 visa: financial requirements?

[Photo Guy]

Most of the money I make is undocumented.
What are the guidelines and requirements for
K-1 approval, in terms of income?
I have a good credit rating -will that help?  -doug L.

[5150]

Well me & my wife have no children so it's 2 of us. The requirement is $15,612 yearly income. I"m also self employed.
We need to provide 3 years income taxes.

[5150]

I must admit most of my money is also "undocumented". I'm a musician. I do show enough to meet the qualifications though.

[jb]

You must show at least 1.25 times the National Poverty Guideline to qualify for bringing a foreign bride to the USA. Pay attention to family size, if she has a child, the amount goes up.  But for just you and her, the amount is as stated: $15,612.00 per annum.

Those numbers can be seen here:
http://aspe.hhs.gov/poverty/04poverty.shtml

You will be required to demonstrate earning with IRS tax return documents (1040's) for the past 3 years.  If you earn less, you may be able to qualify if someone will co-sign for you. (not recommended)

[Photo Guy]

15 Grand!!?

Whew!  That's a relief. I was starting to imagine
(overactive) that my last email to her would be
'Sorry hon, but I'm too poor for a Visa. Have a nice life.'
-doug (smiling)

[Son of Clyde]

[user=134]Photo Guy[/user] wrote:

15 Grand!!?

Whew! That's a relief. I was starting to imagine
(overactive) that my last email to her would be
'Sorry hon, but I'm too poor for a Visa. Have a nice life.'
-doug (smiling)

I have never been married, have no kids or major expenses but I realize my 62k salary will not go nearly as far with a wife and her teenage son.

Hearing about couples living in trailor parks is kind of scary.

[jb]

Clyde,

You bet it's scary, there are a lot of Loony Tunes guys involved in getting a foreign bride.  Makes you feel sorry for the unsuspecting RW who might fall for the line of crap being offered by some of these guys.

[RacerX]

You must show at least 1.25 times the National Poverty Guideline to qualify for bringing a foreign bride to the USA.

What the CO will ask to see is proof your FSUW will not become a public charge - the Poverty Guidelines do not apply for non-immigrant visas (K-1) and the I-134 is technically speaking not required, especially if you are self-employed.  That being said, EVERYONE provides an I-134 and a tax return(s) to go with it. (some consulates, for example Warsaw, only want 1 year).  If you just meet the low end, it's likely you will have some real trouble.  However, you can show them many other things: real estate holdings; a letter from your employer; bank statements; letters from clients - if you are self employed, then a letter from your banker or a rating service showing your business is successful.

The CO's don't ask many questions during the interview, BUT this is one area they don't have much of a sense of humor.  If you have any doubt that you can present a good financial picture then get a Co-Sponsor.  This is done all the time and is perfectly acceptable to the consulate.

[jb]

I don't want to get into a pissing contest over this earnings requirement, however the object of the excercise is marriage, not simply to bring a girl/woman over on a K-1.  The K-1 is only an intermediate step in the overall process.  

After marriage a man will have to file for the AOS, with which he will complete the I-864 Affidavit of Support.  This is the real deal that puts him on the hook for 10 years.  This is where they hold your feet a little closer to the fire, requiring 3 years worth of tax records and other stuff not required for the K-1.

You may read for yourself the financial requirements at:
http://uscis.gov/graphics/formsfee/forms/files/I-864.pdf  Page one of the instructions states rather specifically that; "As a sponsor, your household income must equal or exceed 125 percent of the Federal poverty line for your household size....etc.,"

If anyone has doubts, they should read it for themself.

[RacerX]

jb,

I think you may have misunderstood my reply.  I simply answered the question about getting a K-1.  For AOS the I-864 and it's financial requirements come into play, and yes....it is an oft repeated oversight not to look into the future, for example, you should make sure your fiancee has her vaccinations up to date/her school records complete and certified ,etc...this will save you endless problems when you adjust status, but they ARE NOT required for the K-1. Your AOS could come after as much as 6 months or even more, so you will need to be thinking about it, but things could easily change during this time.

My main point is do not assume the CO will think 125% of poverty is enough.  Without question, a CO is not required to use any part of an I-134 - he/she can up their mind whether to grant you the visa or not.  The USCIS at this point will have approved everything else except for the financials (and of course the med exam/police report).  If you have even the slightest doubt your financials won't bear some examination, get a co-sponsor.  It's done eveyday and presents no problems for the consulate.

[jb]

RacerX,

I understand,,,, you answered a specific question.  I did not address it as well as you did.

I was looking a bit farther down the road, assuming marriage was the goal.  On another board I have contributed to, I have always tried to discourage members who lacked enough income and funding from going after a foreign bride.  I personally think its a train wreck in the making.   I have taken some heat for my views, but I know the expectations of RWs coming to the USA are usually somewhat high.  Dissappointment can foul a relationship faster than anything else.  She comes to the US thinking she will have the "cozy home", and finds herself living in a trailer house.  This is a bad start to a marriage.

What can I say?  If a man just wants a good looking live-in g/f for 90 days, go for the K-1 and forget about the rest.  If OTOH, he is looking seriousely for a wife and a life partner, he needs to have his ducks more in a row than a $15,000 per year income.  On 15K per year he prolly can't afford a trip to meet her anyway, so he's just wasting time and bandwidth here and needs to be run off in any case.

Just my assine attitude talking there.

[RacerX]

jb,

You're preaching to the choir on this one!

If you have to ask what the poverty level is, you cannot afford to be in a relationship with a RW  :X   Of course, income is not the only determinant that can be used for proof it just makes things more complicated if you have to use other resources.

Men sometimes forget that their 'lovely' will eventually become "Americanized" and that 200 USD/mo. she was living off in Kiev won't even make it through a good day of shopping (did I mention RW LOVE shopping!) at the local upscale mall.  Then she will start talking to the other Russian girls who married 'daddy warbucks.' and well...don't get me started - I like talking about K-1's they are far less complicated.

[jb]

(did I mention RW LOVE shopping!)

Like AW, they learn that in "little girl" school.  

Since my wife is from Moscow, and I live in the sunny south, her wardrobe was all wrong.  That 1st weekend we went to the mall and I dropped about 2 grand on new summer style clothes.  If a guy is worried about the cost of a trip he'll never survive when the woman actually gets here.

[Turboguy]

I always thought the perfect woman was one who shopped at Goodwill but looks like she shops at exclusive stores.  Can't find one like that though.