The Income Requirements and Poverty Guidelines have been updated for 2019. For in-depth information about the specific requirements for K1 Visa and Marriage Visa or Adjustment of Status Processing please refer to the following pages:
Satisfying minimum income requirements is necessary for visa issuance, but often people who meet the requirements are still denied the visa for two reasons:
- The U.S. citizen or joint sponsor does not have stable earning; or
- The immigration officer distrusts the relationship or will not regret denying the visa because of how the U.S. citizen lives.
Having a joint sponsor often does not make a good impression. The income is part of the presentation of the general case. Financial disclosures make an impression on immigration officers, positive or negative. It helps to be working with a qualified immigration attorney on immigration filings and file correctly the first time. Some mistakes are irreversible and will put your family member at risk. There is a great value in working with a qualified immigration attorney for a reasonable fee since you only want to go through this process one time, if possible.
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Stable Earnings
The U.S. citizen petitioner must have stable U.S. employment over the minimum required for green card, fiance visa, and marriage visa processing. Generally, you must show enough income during a calendar year so that your tax returns will show more than the minimum required.
The type of work has a bearing on stability. Income that is just over the minimum fiance visa income requirements is less stable than a greater income level. Income from seasonal work will tend to be less stable than full time employment throughout the year. Unemployment earning count as earnings. However, unemployment is not stable earnings. Unemployment earnings combined with a new job can possibly show stability. Retirement benefits, VA benefits, Social Security retirement or disability are all good sources of earnings, but not SSI. Welfare payments can disqualify you from immigrating your fiance.
It is commonly thought you are required to produce 3 years worth of tax returns, and some consulates do in fact require this. Regardless, your most recent personal income tax returns are the most important core document under consideration. Prior years are only relevant to help show stability and a history of earnings. The amount of income in prior years is not generally very important.
For a fiance visa, income must be proven at the end of case processing. For spousal visa processing, income must be proved up about six months after initial submissions are made. This gives you time on the job to build stable earnings while your case is in process.
U.S. Based Earnings
The income must be U.S. based earnings. An exception is for U.S. military stationed or on deployment overseas, and also for Department of Defense contractors. Very few others qualify based on earnings abroad. Sometimes, we can finesse a case where the U.S. citizen is working abroad on temporary assignment, but is paid by a U.S. company. Every case is specific, obtain a free consultation on your one.
Assets in Lieu of Earnings
For marriage visas and green cards only, it can be possible to show enough liquid assets and home equity as a substitute for earnings. The amount of equity required is more than three times earnings. Assets in lieu of earnings is generally not allowed for fiance visa processing. Assets can help show stability where earnings are modest.
Financial Cosponsorship
Nearly all consulates will allow a financial cosponsor for either fiance or spousal visa processing. A notable exception is the U.S. consulate in Manila who will not currently allow a financial joint sponsor for fiance visa processing. In Manila, you must qualify on your own or your fiance will be denied the fiance visa. A financial cosponsor is allowed for all marriage visa processing by rule as well as for stateside adjustment of status to become a permanent resident green card holder.
Amount of Earnings
Income is gross earnings after business deductions as reported on your personal income tax returns. The amount of income required is based on poverty guidelines published by the Department of Health and Human Services, and is based on the total number of dependents of you and your fiance or spouse. If using a financial cosponsor, all cosponsor dependents must be counted.
Fiance Visa
For fiance visa processing, you must have stable earnings more than the base income level set by the HHS.
Marriage Visa
For marriage visa processing, U.S. citizen petitioners must have stable earnings more than 125 % of HHS poverty guidelines. Exception: In all cases, U.S. military personnel may earn at or over the base levels set by HHS.
2019 HHS Poverty Guidelines
48 Contiguous States and the District of Columbia
| Persons in family / household | Fiance visa | Marriage visa |
|---|---|---|
| 2 | $16,910 | $21,137 |
| 3 | $21,330 | $26,662 |
| 4 | $25,750 | $32,187 |
| 5 | $30,170 | $37,712 |
| 6 | $34,590 | $43,237 |
| 7 | $39,010 | $48,762 |
| 8 | $43,430 | $54,287 |
For families / households with more than 8 persons, add $4,420 for a fiance visa and $5,525 for a marriage visa for each additional person.
Alaska
| Persons in family / household | Fiance visa | Marriage visa |
|---|---|---|
| 2 | $21,130 | $26,412 |
| 3 | $26,660 | $33,325 |
| 4 | $32,190 | $40,237 |
| 5 | $37,720 | $47,150 |
| 6 | $43,250 | $54,062 |
| 7 | $48,780 | $60,975 |
| 8 | $54,310 | $67,887 |
For families / households with more than 8 persons, add $5,530 for a fiance visa and $6,912 for a marriage visa for each additional person.
Hawaii
| Persons in family / household | Fiance visa | Marriage visa |
|---|---|---|
| 2 | $19,460 | $24,325 |
| 3 | $24,540 | $30,675 |
| 4 | $29,620 | $37,025 |
| 5 | $34,700 | $43,375 |
| 6 | $39,780 | $49,725 |
| 7 | $44,860 | $56,075 |
| 8 | $49,940 | $62,425 |
For families / households with more than 8 persons, add $5,080 for a fiance visa and $6,350 for a marriage visa for each additional person.
We are here to help. If you have enquiries please fill out and submit our free evaluation form or call us to discuss your situation and how we may help.
Call Us for a Free Immigration Consultation / Case Assessment
1-888-483-0311
U.S. TOLL FREE
+1 212-483-0311
OUTSIDE U.S.
If you have an interest in working with us on case processing, please complete our free consultation form, and we’ll give you personal attention.
I want to apply for the k1 visa for my fiance that lives in the Netherlands right now. she has travled here at least 4 different times this past year. Im just worry about my income not being high enough. I make 23,000 a year. I have 7 year son but he doesn’t live with me, he lives with his mother. Would I have to put him down as part of the household as well even tho he doesn’t live with me? Or do i make enough income that i can just add him and not worry about being denied?
Jean, Greetings. Normally, you would put your son as a dependent. That may change depending on any court orders, his visitation with you, and how you file your taxes. Your income may be enough depending on some further details. Please contact me to discuss if you have an interest in possibly working together. Kind regards, Allan
My Filipino boyfriend is now a US citizen with at least 20,000usd income per month and we plan to get a k1 visa for me. He will come here in the Phippines this May to spend 3 weeks and gather evidences/proof of our genuine relationship.
I have two kids (below 18 years old) with my past relationship but I was never married. But my kids are using my ex-boyfriend’s surname (which is allowed in Philippines’ family code).
With this, will there be a problem with my k1 visa application? Are my kids elligible to apply for k2 visa?
Thank you so much. Appreciate your insight on this.
Jeanette, The answer depends in part on where in the U.S. your fiance resides. If he is in the lower 48 States, then he can immigrate you on a K1 fiancee visa, plus perhaps 1 child, but not 2. A remedy might be to process them all together and then split up the cases. Allow you to come to the U.S. first and obtain work authorization. You work and combine your income with his income to help meet requirements to bring the children later.
You mention your children are under 18, but plans can change depending on how close to the age of 18 they are. I hope this helps. I am available to assist with case processing if interested. Please call me or have your U.S. citizen fiance call me to discuss. Kind regards, Allan
I am confused. $20,000 per month ($240,000) income is not enough to bring a wife and 2 children?
James, Definitely, it’s enough, but depending on the source or earnings and how long you’ve been earning that amount. If it’s normal U.S. based earnings and this is the amount you report after business deductions for 2014 on your personal tax returns, then you should be fine. If you have an interest in possibly working together with me, you are welcome to please contact me directly and we can discuss. Kind regards, Allan
I am wondering how my current situation might be processed. My fiancée and I just moved to the states, we were previously living in France for 3 years. She is from Australia and I am an American. She came here on an E3 visa two months ago with an employer sponsor and now we would like to get married. Do I still need to go through the steps required for a marriage of fiancée visa? I do not have tax returns from previous years as I was living abroad but my current employment will put me fairly over the poverty line for both the fiancée and marriage visa. We are overwhelmed and wondering where we go from here?
Michael, You must show stable earnings over the minimum required. Stability is typically shown by calendar year income earnings and tax returns. There are some exceptions and also there is a matter of coordinating your immigration filings with your plans. If you have an interest in possibly working with me on case processing, you are welcome to call to discuss. My contact information is on this page. I hope to hear from you. Kind regards, Allan
Hi Allan,
I am currently on an H1-B visa and my boyfriend/soon to be fiance is a green card holder. We plan to get married eventually but I was wondering when the best time would be. My visa expires next Aug (’16) and I am not sure when he is eligible to apply for citizenship. What is the best thing to do so that I will not have to return to my home country and also not have to extend my H1-B through my employer, but instead get married and get a green card? Is this a possibility to go straight from an H1-B to a green card through marriage? If so, what is the timeline for this?
Thanks for your help.
Yes, it can be possible to adjust status stateside from an H1-B to permanent resident green card holder based on marriage so long as you do not go out of status. Currently, case processing for a green card holder to sponsor you on an adjustment application is taking about 2 years. What you are proposing will not work, unfortunately. You need an immigration plan. I am available to help with case processing if you have that interest. If so, you are welcome to contact me to discuss off-post and I will be glad to consider and assist. Kind regards, Allan
I want to apply for k-1 visa for my fiancé, he is from Iran, my income it’s good enogh, I have not dependents, my quesiostion is how long will take for Iranians people to get the USA visa, because in Iran it’s not us embassy, and what I understand is , they have to travel differents countries like turkey Or others.
Thank you for you help,
Norma, Turkey can be a good choice. The time it takes to process a K1 visa through Ankara depends in part on where in the U.S. you are located. Also, you should consider chances of success. A K1 visa for someone from Iran has a higher than average risk of denial. I do not know the particulars of your case, so I cannot make a comment concerning chances of success. Would you like to have a phone conversation? If you have an interest in perhaps working with me on case processing, I would be glad to discuss and help sort out an immigration plan. Kindly, Allan
Hi, I’m a US Citizen by birth but I grew up in the Philippines. I’m currently in the Philippines living with my boyfriend. I just go back and forth the US and Philippines each year (stayed in LA for 6 months last year). We’re planning to get married but we’re not sure if we should do the fiance visa or the spouse visa. We’re okay with getting married anywhere but we don’t want to be away from each other for long.
Also one problem is my income. I had a $2,800 income last year but I won’t be able to file an ITR this year since I won’t be returning to the US until December 2015. My boyfriend has a business in the Philippines and we have cash thrice the amount of the required income that I need to be able to petition him. Let’s say we will be able to raise around $150,000 before our marriage, would that matter? I can also have my sister who’s a nurse to be our co-sponsor.
I’m wondering if it would be better if we just get married here in the Philippines and apply for the spouse visa and have my sister co-sponsor him or if I go to the US, work for 3 years (or can I just work for a few months?) and then apply for the fiance visa? Which way is better if we don’t want to be away from each other?
Christine, Greetings. Ease and difficulty is all the same for me, just work. Is it that you want your fiance to obtain a green card and spend more than 1/2 his time in the U.S.? If so, it is likely you would benefit from a marriage visa since we can preprocess him on a green card. When he arrives in the U.S. he should be green card approved. Also, we may be able to process the marriage visa in under 4 months, from the time we file until his visa interview. Each case is different and in most cases processing would take about a 1 year at the moment, but in your case it can be much quicker. If you have savings of more than 3 times income required, then you should be able to meet income guidelines. Please contact me if interested in working together on case processing for your future husband. Kindly, Allan
Hi Sir, I can see that this site is legit and hoping to get an accurate answer/s that I need. I have some queries regarding our situation. To make our story short, I’m from Philippines who is currently residing and working professionally in the middle east for almost a decade. I have a boyfriend for months now and I know him for more than a year, he is a US born citizen. The thing is that during his teens, when he learnt about his health that is when he got on SSI and at the same time with his family issues, he made bad decisions that he really regret doing. He served 2 years but that was last 8 or 9 years ago a history of felony (not domestic violence). We made plans that if everything goes good for both of us, we get married, have kids and I can get a job and we will work hard to make ends meet and just live a normal life. All we want is to be together. But if our situation or USA RULES or the LAW will maybe hinder any possibilities for us to be together, and reality strikes that there’s no point of wasting our time. It will be very hard for both of us to part ways but if there is no other way then we have to move on with our lives. So we want to know if there are any other options/ways/alternatives to get a K1 Fiance visa, coz I’m getting some information that it may hard to get an approval just based on his situation. We are having a hard time because of this but we are trying to work things out and not to think of it so much for now. As planned, we just have to focus on meeting up soon. Hope to here from you. Thank you.
Nikka, Thank you for asking. It can be possible to immigrate you in most cases even if your fiance is on SSI and even if he has a criminal records. It’s a matter of organizing an immigration plan. I will want to know more about his earnings, his criminal convictions, and your work status in the Middle East. Can you please have your fiance call me to discuss? There should be contact information on this page. There is no charge for the call so I can help sort out an immigration plan. You are welcome to call as well. Please mention we have communicated on this post. Kindly, Allan
I am a U.S. citizen marrying my Australian fiancé doing a spousal visa any advice ? We have been together a year and a half and have seen each other 5 almost 6 times in this time frame and have proof of our bonifide relationship status
I have been receiving 100% service connected disability since 2001. Currently this amount (found on their website so it is open to anyone who wishes to look) is 2906.83. I also get SSD in the amount of 1155 gross approximation per month. Since, 1) the VA income is technically not reportable income to the IRS and 2) following the guidelines of the IRS as a single individual and dividing half of my SSD yearly income in half, I do not file a tax return because I have no income to report. However, if I did make 31K working so I did file a tax return for 2013. Using the 2015 HHS Poverty Guidelines pdf form it shows I am well over these guidelines to get a K-1 visa for a potential wife. So my question here is that will I be able to go abroad and find a wife? I will be doing this through an IMBRA organization and have been told by the lawyer associated with that organization it is not possible since i have no tax returns. Would it be possible to contact a CPA and have an Income verification report done and signed by the CPA to qualify for this requirement? I can produce all income statements from both VA and Social Security showing history of deposits and whatnot. I am wondering why the lawyer affliated with the IMBRA organization would be saying it is not possible for me if I have no tax form statements (except 2013). I am not working now nor am I actively searching and have no intentions of securing employment at this time. I am wanting to go to Colombia at the end of October.
Kristi, Great. If you want to immigrate him to the U.S. and have an interest in working together with me on case processing, can you please call me? There is contact information on this page. I hope to hear from you. Kindly, Allan
Michael, Each attorney has a different level of experience. Immigration agencies do not often agree with each other on laws, regulations, and memoranda. It’s still your responsibility to get things right, and it is also attorneys are liable for what they advise, unless there is a disclaimer if you are not a client. Based on what you wrote, you do not need 2014 tax returns. If you have an interest in working with me on case processing, I am available to discuss and assist. I have 24 years’ experience and handle complex immigration issues. I hope to hear from you. Kindly, Allan
I have been waiting for 2 years for my disability hearing. Doctor wouldnt let me work so unable to work my 14 and 13 tax returns show no income. Before that I almost made 6 figures income. My fiance doesnt work. Her daughter is Autistic so she needs 24 7 Support. She is coming here soon and we are marrying. My monthly disability is 2500 and only one year of back pay..that is max. Also we will live in US.
Greetings. The answer depends on several things. I need to know whether you have dependents. If not, then you should be able to satisfy income guidelines so long as the disability is ongoing quite far into the future. This assumes you have insurance disability or SSDI, which seems to be the case. Also, it depends on when you started receiving benefits. If you’ve had it for more than a year and it’s non-taxable, that should be stable. Furthermore, each consulate has a different view of income requirements. There is no mention of her nationality or where she resides with her child. Finally, there is a concern about ongoing treatment and care for autism. I need to know the severity and planned treatment. If you have an interest in working with me on case processing, please contact me. Contact information is located on this page. Kindly, Allan
Hello.
I am a Canadian Citizen who is planning on getting married to a US citizen. We have been with each other for the last 4 years. I’m worried about the income issue. I have been generating little to nothing as I have a wealthy family here in Canada that have funded my travels around the world (with her). She has been travelling around the world with me too and has wealthy parents. Her father recently put $250,000 downpayment on a house in her name and he is paying the mortgage. Do assets count towards Income stability? As she has only made $7,000 in the last year and me nothing, from a tax returns perspetive. Our income is low, but we both have wealthy family and we now have a house with a puppy waiting for me in New Mexico. What do you think is our best strategy?
Will, Assets can count for marriage visa and green card processing, but not fiance visa processing. If you have an interest in working with me on your immigration to the U.S., can you please call me at 1-888-483-0311 to discuss details? Kindly, Allan
Hello Mr. Lolly,
I’m currently a full time college student who plans to graduate in two years. My girlfriend lives in Bulgaria. We are getting engaged this summer and plan to start the K-1 Visa process sometimes this fall. My biggest concern is that as a full time student I don’t have the income to qualify for the affidavit of the suppor the consulate will acquire. My most immediate available co-sponsor is my mother, who, retired & disabled, makes just under the $25,000 guideline set for what would be a household of three with my fiancée. Would the embassy or consulates be flexible about this guideline, or do I have a chance using my mother as a co-sponsor, or would I be better of seeking another co-sponsor?
Greetings Chase. Where in the U.S. do you reside? If in the lower 48 States, then the income requirement for a fiancee visa is currently $20,090 for a family of 3. That figure should rise in late January to about $21,500 or so. If your mom makes just under $25K, then she should be a qualified joint sponsor, providing her sources of income are not welfare related, that she has steady income, and she is not over about age 65. Let me know if you have an interest in working with me on case processing and we can discuss in more detail, o.k.? Kindly, Allan
Hello Mr. Lolly, i am italian, i am 25, never been married and have no kids. My boyfriend is from California, same as me, he started a fulltime job in June that gives him $47500/year. We have been together for 1.5yrs. He has been travelling a lot, and did some random jobs, so he doesn’t reach the poverty limit in the Taxes filed in the past 3 years. He does have some savings though (like $10000 I think?). We are thinking to get married. Would his income considered stable enough once at the interview? (We haven’t started the application for k1 yet, we will probably start in late july/early august) and also, i just got a f1 visa denied, few days ago, because of lack of ties with my country..would that affect our application? And how long you think would the process take?
Thank you so much, if we find ourselves in need, I will defenitely get my boyfriend to call you and ask your rates!
Hi my fiancee is in India Indian Citizen. I am in California U.S. Citizen. I want to bring her to the U.S. On K-1 Fiancee Visa but I have an income problem. I am on Social Security Retirement $858 a month plus SSI $51.40 a month. No other resources, no joint sponsors. No assets. I was on SSDI long time before and also worked some of the time over the years. Its a heartache for me that I cannot meet the income requirement for the K-1 Visa for her. Is there any solution for this? I am trying for some part-time job in Retail but difficult to get because of age discrimination. I am 70. I am an Engineer but cannt get my regular job now also because of age. Can you advise me please what to do? Thanks.
Flavia, Saluti. Savings don’t count toward meeting income guidelines for a fiancee visa. Qualified stable earnings require that your fiance have file his most recent tax returns as part of K visa processing. Since he is in California and you are in Italy, K1 processing is currently taking us appx. 3 months or so from the time we file until your visa interview at the end of case processing. At that time, he must prove up earnings. We could time it so that he can show sufficient earnings for calendar year 2015 and immigrate you that way on a K1 fiancee visa. Yes, please call me to discuss services. I think you will find them to be competent and reasonable. Kindly, Allan
Rao, If you have a serious interest in working with me on case processing, please call me at 1-888-483-0311 to discuss a possible solution. Kindly, Allan
Hi Mr.Lolly,
I am from the Philippines and my man is an American. We met online early 2013 we haven’t met each other personally but we never stop talking since day 1 through voip calls. We are grown-ups, serious and in love. I am aware that the Philippines have the highest petition fraud rate in the world thus requiring a petitioner and fiancee to at least met each other in 2 years. I understand that the US government is doing this in order to protect its citizen. I have no idea about his income, we never talked about it and I never asked him for money just like how it goes for many. I have a stable job and he’s working too (I just don’t have any idea if his income is enough). Original plan is for him to pay me a visit(still saving for the fare and all that, by the way I’m a year older than him) and then secure all necessary requirements so he can petition me, until the other day he told me another option. Can I visit the US via tourist visa and then marry him or that will just cause us problems in the future? Please help. Thank you.
Iya, You mean marry him in the U.S. while visiting and then depart the U.S. once the visit has come to an end? This is a common question from foreigners. Here is a link that can help:
https://asl-lawfirm.com/b-visa-for-visitors/
It’s likely he must meet you outside the U.S. Once the plans are set, please contact me to discuss further. Let him know about the income requirement so he can investigate. Kindly, Allan
Dear Allan,
I would appreciate your honest opinion what should be my plan of action in following situation: I am married to an American citizen, we are both established professionals working internationally. Two years ago we started the application process for my green card, as we were planning to move to USA to be closer to my wife’s family. Situation has changed and we are not in a rush anymore. At the same time we don’t want to drop the case, as we might want to move to USA in a near future (two/three/four years from now). Currently I am due to send in AoS and supporting documents.
Question: Can I put my case on hold formally (or just stretch it out), so I don’t have to start it over again when such need arises? Or there is another option?
Eric, I am available to assist with case processing. It seems you would like information only. It’s fine, but then it should be a paid consultation to ensure we both receive something from the exchange. If interested, please call our offices at 1-888-483-0311 and inquire. Rates are reasonable and I should be able to give you good direction on all fronts. Kindly, Allan
My boyfriend is a U.S. citizen and has already booked for his return from Manila this October. We’ve been together for almost eight years and we’re actually planning to apply for Fiance Visa once he gets a job in December or January. Are we able to apply for Fiance Visa in January 2016 even though he has just started with his job yet? Is it there a chance to be approved immediately if he wants to borrow money from his relative if he can’t reach his 100% income? Or are there any options to let myself (fiancee) easily get in next year? We are actually targeting my arrival there on March, April, or June. Please help. Thank you.
He must show stable qualified earnings over time. A current job is not enough to qualify. If he does not earn enough to meet income guidelines during calendar year 2015, then you would not be able to obtain a fiancee visa anytime in 2016. Savings will not help with fiancee visa processing. There may be some options. If you have an interest in working with me on case processing, you and your fiance are welcome to call me to discuss. Kindly, Allan
My boyfriend of 5 years is from Chicago and I’m from Philippines. We are trying to get me to America but clueless about where to start. Hope you can advice. He’s in a bit of trouble with IRS and wanted to know if this can affect our chance of getting either the fiancé or spouse visa.. I know that he owes tax and gets letters in the mail from IRS even though I think he files every year.. He also has declared bankruptcy in the past but has had a pretty ok job for a few years now and makes about 180k a year from this job. He is coming back to visit me in November and we are hoping to get started with whichever visa would work best for us given the situation.
hi sir,,i m arsh and recently married with usa girl… well its a long story and we mostly know what we need but just one and very important question for us… that my wife grandpa is military retired man and getting tax free retirement, can he still use as cosponsor or not… if yes then allan sir i need your help in my case… plz mail me your ans… i m really waiting for your reply… thanks arshdeep…
Kk, Thank you for asking. His income is fine of course. It will help to know the type of job he has. Job stability is important, but it seems like he’s fine. If he has a tax lien, this can be a problem. Otherwise, owing money to the IRS and making payments under a settlement will typically not prevent visa issuance.
Your fiance and you are welcome to contact me to discuss further if you perhaps have an interest in working together with me on case processing. I hope to hear from you. Kindly, Allan
Arsh, Greetings. Your wife’s grandfather can very likely be a financial joint sponsor based on what you wrote, depending on his age. If he is too old, then immigration agencies will tend to question whether the income stream can be projected into the future.
Please contact me at 1-888-483-0311 if you have an interest in working together. I will be glad to discuss. Kindly, Allan
Allan, he is not making any payments as of yet. I know that he gets the letters and ignores them. Are we able to start the visa process like this or best we deal with the IRS issue first? We kind of wanted to get me there first before dealing with the stress with IRS because we’re afraid starting the payments with them might cause financial restraint.
It can be possible to do both at the same time. It is a good idea for him to look at the letters and work on a solution. Allan
Hi,
I am an american citizen, but I just got here 3 weeks ago, since I studied my carrier(and high school) in Nuevo Leon, mexico. And worked there in the mean time (2 years). My plans were always, returning to the US to work, live form a family. Since I just got here, how difficult is it going to be for my boyfriend and I (he has a tourist visa only) to get married and him getting a green card? (for a time my income will be of 48,000 USD a year).
Thank you
Ashley, A phone discussion is needed. He is here as a visitor, not as an immigrant so there is a concern about misrepresentation on the visit. Also, there is the matter of your income. I hope to hear from you if you have an interest in possibly working with me on case processing. There will be no charge for the call. Kindly, Allan
I have a friend who is determined to marry a girl from Portugal. He is unemployed, lives with his parents and they are doing a cosponsor. I suggested strongly that they get an attorney but they won’t. They are doing a K1 visa and the parents signed a I134 form. How likely is it that the visa will be approved? I am trying to get him to prepare that it may not but I figure you could give me a better idea because I really wish he would see an attorney.
Elaine, Greetings. The answer depends on where his fiancee resides abroad and also the strength of the case. Whether to hire an attorney is simply a risk allocation and time. It’s like fixing your own car rather than seeing a car mechanic. The result is quicker and more reliable than doing things on your own. If he is poor and cannot afford to pay anything, then it’s understandable. If he simply does not see the value, but lacks experience, then it’s risky to proceed without first speaking with an attorney. Once something goes wrong, problems start to compound and there tend to be more problems, delays, and then the chance of denial jumps up. I hope that helps. An attorney can help make smart choices and manage things through to completion. Thanks for thinking of me. Kindly, Allan
Hey!! So I am a U.S. Citizen and I have a boyfriend from Mexico and a few years ago he got deported for a misdemeanor. I’m wondering in order to get him back here legally and with a fiancé visa, do I need to do some kind of waiver first? Or what Are the steps that I need to take since he has already been deported?
Kelsey, This is not something to discuss by online exchanges. Can you please call me to discuss by phone privately? He is likely barred due to deportation and also may be barred by the criminal conviction, but also might be barred if he was in the U.S. illegally. Waivers might be possible, but there are some real problems here that cannot be tackled adequately by public postings or email exchanges. I invite you to please call me at 1-888-483-0311 if you have some interest in possibly working together with me on his immigration filings. Kindly, Allan
I have boyfriend in US, and he want to bring me to US via K-1, but we’re confusing now, because prove incomes. we want begin in Jan,2016. Pls help me explain clearly about incomes is at least USD 21,000 is after tax or before tax? because we’re not anyone for co-sign. Hope I can receive your reply soon.
Phuong, For a K1 visa, he must prove income earnings at the end of case processing, not in the beginning.
The income amount is lower for a K1 fiancee visa as compared to a CR marriage visa. Make sure you are checking the income requirement for a K1: https://asl-lawfirm.com/fiance-visa-income-requirements/
The way you calculate the amount depends on whether he is an employee or self-employed. If he is an employee, it’s before taxes. If he is self-employed, it’s after business expenses and before personal deductions.
Please have him call me to discuss if interested in working together. Kindly, Allan
Good day Atty.!
Our application for fiance visa is now approved and waiting for the letter from US embassy here inthe Philippines. My questions are, do I needto present the original copy of my fiancee’s W2 and ITR? I think he makes $50-54k annually from his work. Is it enough to support me or we still need to have bank statement? He doesn’t have a bank account statement. All I have are the remittance records/transactions when he sends me money. Thanks in advance!
Reese, I am available to work on case processing. You already filed on your own, so the best I can do is offer a paid consultation so we both receive something from the exchange. If interested, please have your fiance call me and report he would like a paid phone consult. Kindly, Allan
Hello! Thank you for this helpful article. I was wondering if you could help clear something up for me. I’m a U.S. Citizen and I’d like to sponsor my fiance from Australia on the K-1 visa.
I currently work part time, and I have a raise incoming that will bring my total earnings to a gross of $11.5k a year. I see that the Household level of one person is $11,770 – is that the base level for a sponsor bringing just one person? Or will I be required to make the $15,930 for a two person household? My mother has already agreed to assist should we need a co-sponsor, but I was hoping I could get the amount I actually needed to make annually clarified first.
Thank you!
Jessica, The household level of one person never applies in immigration filings because there are always at least 2 people: The U.S. citizen (or LPR) and foreign immigrant. I need to have our webmaster remove that first line. You may need to have your mother be a joint sponsor. Kindly, Allan
I’m from Idaho I’m planning on getting married soon to a man from Bangladesh Asia. He is a student and not working at the moment. I am on ssi and can not get a tax return because I have no job. My question is can I still get him in with my income? Is it still possible to get him to become a USA resident?
Hi Melissa. The failure to provide tax returns for 2014 will not prevent visa issuance. SSI will prevent it. You need a work-around using a financial joint sponsor. You have to have things filed properly so an immigration officer will not question the submission. If they dig into your finances, you will have a problem and will not be able to immigrate him. Yes, it is possible to obtain U.S. residency for him, but the chances of success depends on your situation. If interested in working with me, can you please call? Kindly, Allan
If my earnings are near the poverty level in the applied year but, my earning for previous years are below the minimum will that exclude me from applying for a K-1? I am self employed, owning several concession trailers(seasonal) and have been in business 15 years. Some years are lean while others are pretty good. Also, I have two houses(no mortgage), 401K, savings and other assets. Will being a small business owner with a low income prevent me from bringing my filipino fiance into the USA?
hi, allan.. how many months it will take to have the fiancee petition be approved after you file everything and complete? and is there any other reason (other than those 2 mentioned) of being denied after filing everything? thanks.
Charles, You must show your most recent tax returns and also satisfy the income requirement, in part by showing you have stable U.S. earnings. What you write suggests you will likely qualify for a fiancee visa. I can get a better feel for the strength of your case by talking by phone. If you have an interest in perhaps working with me on case processing, you are very welcome to call to discuss further. I hope to hear from you. Kindly, Allan
Joanna, Greetings. The timing depends on where you reside, where your fiance resides, and his nationality. Each life circumstance is different, so there can be many reasons to approve or deny. Cases are all looked at individually. I would want to know more about your circumstance and then I can figure out your chances of success. If you have an interest in working with me on case processing, you are welcome to call me at 1-888-483-0311 to discuss or use the contact link provided on this page. I will be glad to discuss. Very kindly, Allan
Hi Mr Lolly,
I am currently here in the Philippines taking care of my father, who just had his right foot recently amputated due to diabetes.
I only worked for 4 and a half months the whole 2015 and earned $9,000 only, but I am still employed due to my good relation with my boss . My father’s condition is getting better and he is now able to tend for himself like before. And I am now planning on going back home (California) by next month. And I want to file a petition for my Fiancé so that we can be together ASAP . my sister has agreed to be cosponsor.
My questions is, can my sister be my cosponsor even if my fiance is in the Philippines? I’ve read on your article that Manila,Philippines doesn’t allow cosponsorship, but I’ve read in some articles that it is possible as long as the cosponsor is a sibling or a mother.
I hope to hear from you Mr Lolly. And we would also like to know how much will it cost us to ask.for your help in processing the paperworks.
Kind regards,
Mark
Thank you Mark. The U.S. consulate in Manila can accept a joint sponsor for K1 fiancee visa processing if it wants to do so. As it happens, it has not allowed joint sponsorship for about 10 years now. In the early days I would try running cases to see if they changed policy, but without luck. I have others who still contact me who are stuck because the consulate will not accept a joint sponsor on a K1. Having said that, please forward to me any cases you find where the consulate in Manila has allowed a joint sponsor on a K1. I will be glad to consider it and follow up with the consulate. The consulate must have a policy that is uniform for that consulate.
Please click on the following link for our customary Schedule of Services and Fees:
https://asl-lawfirm.com/service-fees/
Can you please email me at allan@asl-lawfirm.com with more information? You are also welcome to call to discuss. There should be a phone number on this page. Please let the reception desk know we’ve exchanged information on this blog post and I will be glad to follow up. Very kindly, Allan
Hi my name is Mindy, My fiancée has an interview day , and would like to ask you that can I have co-signer for my fiancée because my income is only 12k for this year, but in my tax return has my daughter too. CAN my fiancée still come to U.S if my income not enough. THANKS
Mindy, It is possible, but depending on the consulate where his interview will take place. Even if the consulate will allow a joint sponsor, it can happen that the consulate officer will scrutinize your case more closely than another case, looking for other problems. Generally, you filings should be clean and organized, so you do not draw attention to yourself as much as possible. Your fiance should also be prepared before going to the interview. Kindly, Allan
wow thanks for your honesty. Im planning to go through K1 process in Manila too and i ha no idea they have not accepted co sponsor in 10 years… and so many people and attorneys i have shopped failed to tell me this
Good day Atty.!
I am a Filipina who left the Philippines in 2009 to work in Hongkong and now working in Canada. I have a US citizen fiance for 5 years online from North Carolina. We have met in person this January 2016.
We are planning to start the K1 fiancee visa petition but I am confused of whether I need to go home for the interview at the US Embassy in the Phillipines since I am just on a work visa here in Canada or I be allowed to process and have my interview here at the US Embassy in Canada.
Thank you so much for any information you could possibly extend.
Lydia, So long as you maintain your lawful work status in Canada throughout K1 case processing, then you should be able to process through a U.S. consulate in Canada. It may or may not be a good idea to process you in Canada. It’s hard to say based on what you wrote. You are welcome to call to discuss your case if you have an interest in possibly working with me on case processing. There is no charge for the call. I hope to hear from you. Kindly, Allan
Hello , My name is Giska I live in Indonesia .
My Bf and I was thinking to get K1 visa , He is US citizen that working in dubai Now .
Our relationship almost 2 years , and Im pregnant now so currently Im not working and I have no Income . All we want just get married there , stay with his parents for a while and get back to Indonesia . Is it possible ? Or I will get deny bcause I have no job .
Giska, You would not be denied a fiancee visa because you have no job. You may be denied if he does not meet income guidelines. He must have qualified U.S. earnings. Working in Dubai can be a problem, but depending on who is his employer. Do you have an interest in working with me on case processing? If so, can you please have your fiance in the U.A.E. give me a call? If he calls and is not able to reach me, I can call him back. Kindly, Allan
Hello Mr.Lolly,
I was wondering if it would be a problem in a process of “adjustment of status” not having a joint bank account? My husband and I are in our mid twenties. He works for the government and I’m a full time student. There is no need for us to open a joint bank account, because we still pay our bills, groceries, and etc. together. And opening a bank account isn’t necessary in our case.
hi Mr ,thanks for such nice article and your help.
well I’m Ethiopian and just in one month in March 2016 my f1 student visa got denied twice . but on 2nd interview it was luckily I was interviewed by good vo and my visa was supposed to be approved. but vo has told me to show bank statement for all 3 year masters program, so I’m waiting to do that until my sponsor comes back to town.
in mean while I met my American man in April. so he has told me he can’t wait to see me longer so he wanted to come to visit me just after two weeks.he didn’t want to wait until my sponsor comes back .
so when he comes in 1st may if we go to Ethiopian American consulate and be interviewed together about my case and if we tell them that we don’t want to wait k1 visa but want f1 visa since it’s faster is there any chance to my f1 visa get approved ?
his being here doesn’t make it more acceptable more for my F1 visa approval ? the fact is he don’t want to wait 6 months.I have no idea about his income. he is online English teacher.photographer. he is not employee. but he has co sponsors. he is from Pennsylvania. so what is our chance?
should I try one more my F1 visa interview? or better if he comes and we get interviewed? together. ?
I afraid if my visa got denied for 3rd times and might be a problem later on my fiancee visa.since those visa officer are so doubtful and strict.
thank you.please answer me asap .
Mary, There is no requirement that you have a joint bank account. There is a requirement that you prove a genuine marital relationship. For most, couples have a joint bank account. If you do not have one or if your relationship is not typical, then you may receive close scrutiny. On the other hand, some people go to great lengths to try and make their relationship seem typical, but that can be a mistake as well. Many immigration officers have experience and can sense when someone is trying to present an image. I hope that helps. Kindly, Allan
Grum, The only way you can qualify for an F1 student visa is to prove convincingly that you will depart the U.S. on time once your F status has ended. If you have a U.S. boyfriend, there is a risk that you might want to marry and not depart the U.S. on time. The F1 visa will be denied in all likelihood.
A visitor visa has the same restriction. There must be proof you intend to depart the U.S. once the visit has ended. A fiancee visa is for the purpose of marrying in the U.S. The fiancee visa is the correct visa if you want to immigrate to the U.S. and not only study or visit.
A fiancee visa through Ethiopia is currently taking us appx. 6 months to process, from the time we file until your visa interview in Addis Ababa. It’s not so long. Americans are used to traveling freely, so he must understand that your situation is different and he should be careful with you. If you continue to be denied a visa, then it will appear you will try anything to obtain one, including marriage to a U.S. citizen. Too many denials and then your chances of immigrating to the U.S. is very small. It’s best not to have any visa denials, so you should only apply for a visa if you are reasonably certain you will receive the visa. In your case, you already have 2 denials, so you should be very, very careful about your next step. Kindly, Allan
Dear Allan,
My wife & I started the Fiancee visa process back in October- I had just finished my masters degree and could only provide my first month paystub and employment letter as affidavit of support. We recently received a letter from the USCIS stating that I do not meet the current poverty minimum income. My tax return for last year is well below this poverty minimum income, however my earnings for this year (2016) are already above the required minimum AND I have been employed for almost 6 months. I have been advised that Current Income has the more weight than Past Income
Would really appreciate if you could provide some feedback. More than happy to continue discussion offline.
Many thanks,
Alex
Alex, You must show stable income. I’m available to help with case processing. If you would simply like information, it’s o.k., but it would be a paid phone consultation. Please call our offices at 1-888-483-0311 if interested an inquire. We can discuss. Kindly, Allan
I make 20, 000 a year. Is it enough for me and my fiance? But its not enough for a marriage visa?
John, Generally, that is correct, but you are close if there are two dependents and you reside in the continental U.S. lower 48 States. One way or another, I suspect you might qualify under either visa. Please call me at 1-888-483-0311 if you have an interest in working together with me on case processing and I would be glad to discuss. Kindly, Allan
I only make $1200,00 a yr on Disability was forced on to disability from hernia surgery can not work. I 1. Want to know what my chances are with a co – Sponsor? What are my options for still marrying him and getting here in USA?? What are my chances of keeping my Disability if I moved to Belize to be with him? What can I do??
Vicki, You can likely live in Belize. I am not sure whether you would still be able to maintain disability payments if you are not in the U.S. Generally, I believe you can keep it, but it may depend on the source of funding. If you want to immigrate him to the U.S., then you may currently use a joint sponsor to immigrate him either on a fiance or marriage visa. Please call if interested in perhaps working together with me on his immigration process and we can discuss. Very kindly, Allan
Hi, I am planning to file a K1 visa for my gf in the Philippines… I am a US citizen but rarely in the US, I am self employed and travel all over Asia for online sales, I also had a singing career in the Philippines, I had been traveling back and forth philippines and US but all my work was outside of US, I am now currently residing in US for 6mos now and only receiving money over western union from my clients outside of the US, I won’t have an income tax return to show or any employment papers…will I get denied for my petition? Can my sister who im living with co sponsor? She has complete documentation.
CRiselda, You will not qualify for a fiancee visa based on what you wrote and your sister will very likely not be accepted as a joint sponsor. There may be some possibilities for you, but this requires discussion. I’m available to work on case processing, if that is your interests. If so, you are welcome to call me at 1-888-483-0311 to discuss options. Very kindly, Allan
Hi there. I am an Australian citizen, my fiance is from the U.S , Washington state. I have a few questions in regards to the k1 visa…
My partner and I have been together for nearly a year, we are expecting our first baby together, its been hard going through this pregnancy without him… he is a reservist in the US army but currently he lives with his parents and is also a full time student. He doesn’t meet the income requirements with just income alone but with his assets he does but his parents are wanting to go co sponsor on the affidavit of support. Will this help? Also wondering as i am Australian, where in the US will our case go? He is in Washington state. How long does the Noa1 and noa2 take to go through? I hope that you can answer my questions…
Kindest regards
Karina, Thank you for your inquiry. Total case processing on a fiancee visa is currently taking us appx. 4 1/2 months, from the time we file until your visa interview at the end of case processing in Sydney. For fiancee visa processing, his assets don’t count. He may use a financial joint sponsor for a fiancee visa in your case. I’m available to help with case processing as needed. You are welcome to contact me off-post if interested. Very kindly, Allan
Hello,
My husband lives in the Dominican Republic and I live in the US. My petition was filed in 2014 and I submitted an Affidavit of support for that tax year but never provided one for 2015. He is due for interview soon. How likely is it that the visa will be approved without having 2015 tax information. I also lost my job in april 2016 and no longer meet the income guideline.
Carolina, The U.S. consulate in Santo Domingo is generally strict on the income requirement. You need a joint sponsor in all likelihood. Kindly, Allan
I don’t make enough income but we are expecting a child and were married while he was here on vacation, how can I get him here if I don’t have enough income on paper, and how far back do they need taxes? Also is it something slightlt waived because of the baby and in any case will they allow him to be here for the birth?? Please help:( he’s in Belarus, I’m in Texas.
Hello,
Me and my fiancée have been living together for 3 years but in Dominican Republic. I Just moved back and have not filed taxes or unemployment since I moved to Santo Domingo. I am a US Citizen and im in the process of getting a job since I just moved back. In the case that I do meet the required income, will the lack of tax filings or unemployment be an issue?
Missy, There is a common misunderstanding about immigration. Officers don’t bend the rules in most cases. If you do not meet income guidelines, then your husband will not obtain the green card. Also, there is discretion. Even if you technically meet guidelines, the green card can be denied. Immigration is considered a benefit and not a right. The number of years back depends on the strength of your earning. If you have weak employment earnings, you need more documentation. I’m here to help if interested in perhaps working together. Kindly, Allan
Nina, Yes, both problems are an issue. You may need a joint sponsor, but that depends on how quickly you can obtain a good paying job, and also based on your work history and skills. Please call if interested. I can discuss the quickest way to proceed. Kindly, Allan
I was reading online about this matter and found out that there’s one document I-864a that I could sign to potentially allows both of our income to be taken into consideration when USCIS checks the minimum income requirement. Would that I-864a form help in our situation?
Jason, It can help in certain situations. There are too many peculiar possibilities to list here. Allan
Hi, attorney. I only have one question about my situation. I am 21 and a full time college student. Also I still lived with my parents. I want to know if I can be able to petition my boyfriend from The Philippines as a fiancée visa while I am doing school and living with my parents. Another concern I have is that I don’t have enough income to prove the poverty guideline. I’ve only work part time job at a nursing hospital as a dietary aid. My boyfriend’s sister has offered me that she is willing to be the cosponsorship. I hope you I get a response from you so I know what to do next. Thank you, Atty! 🙂
From: NJ state
DB, That’s not one question. I’m available to assist with case processing. If you would like assistance please call to discuss. Otherwise, you need to spend the time online figuring things out. I think it worth paying a reasonable fee for assistance. Kindly, Allan
Hi my fiance is a US citizen and been working for 6 mos now as a nurse. We have been together for almost 6 years, and been apart for 1 year already due to work relations. I’m residing in the Philippines. We are planning to apply for fiance visa, as we check the requirements we saw that income tax return is needed. But he hasn’t filed his ITR because he’s just working for 6 mos. What are the ways we can get through this problem? Thank you!
Carmelli, Thank you for this inquiry. Income documentation is not required at the time of initial filing. It comes several months later. There should be time for your fiance to file his returns for 2016 and perhaps qualify to immigrate you as his fiancee. Can you please have him call our offices to discuss further if interested in working together? Very kindly, Allan