Assets for Affidavit of Support — is 3x the income requirement OK for K1 visa?

[JDP91 118]

Hi all! 

 

Hoping that our I-129F approval comes any day now, I've started to work on preparing things for the next steps of the process. One question I have is about the Affidavit of Support my fiancé will need to bring to his interview. For proving capability of providing support, does anyone know if the Guangzhou consulate requires 3x the income requirement or 5x? 

 

I am currently living and working abroad here in China, and my taxable US income is near zero, due to the foreign earned income exclusion. So, though I make enough to meet the requirement, it does not count for this test, and I will have to either use my assets or a joint sponsor. From what I've read, the Affidavit of Support at the K1 process only requires a minimum of 3x the income requirement, and 5x for AOS, but some consulates have a higher bar and require 5x at the interview. I can't find any information about the Guangzhou consulate, and was unable to reach anyone helpful by phone. 

 

Thanks!

[RandyW 149]

Without having ALL details of your financial situation available, no one here can give you an adequate answer.

 

There are no yes or no answers as to what will satisfy the Visa Officer. Having enough money in the bank to buy a Lamborghini is NOT an indication of financial responsibility. A CAREER, and an active job search may be MUCH more helpful. "Enough" is sometimes just not ENOUGH. The Affidavit of Support is NOT the be-all end-all that most people will tell you it is. 

 

a) Your income is your income - they look at THAT, NOT at how much tax you pay. But foreign earned income will not continue in the U.S. this is why many people in your situation get a joint sponsor.

 

b) the LAW (the INA) is that the Visa Officer made a judgment as to whether the intending immigrant may become a public charge in the U.S.

 

It is up to you to paint the appropriate picture for the Visa Officer to make this determination, ABOVE AND BEYOND the Affidavit of Support. You can be required to get a joint sponsor if your career opportunities are judged inadequate.

 

 

[geowrian 22,336]

1 hour ago, JDP91 said:

From what I've read, the Affidavit of Support at the K1 process only requires a minimum of 3x the income requirement, and 5x for AOS, but some consulates have a higher bar and require 5x at the interview.

The CO will look at the totality of the circumstances. Most tend to go by the 3x rule for assets for a fiance, although technically that's just a rule for a spouse with the I-864.

To reiterate, it's still 3x for AOS for a spouse...not 5x.

 

As noted above, there is no way to know the totality of your circumstances to make a proper prediction. Even then, it's only a prediction...the CO has final say. There is no amount that will guarantee success, but generally being comfortably above the minimums (and without circumstances that would lead the CO to believe you have considerable out of pocket expenses to cover) would be sufficient.

 

That said...since you live and work overseas, I highly suggest looking at marrying then doing DCF instead. This takes a matter of weeks to a few months, which is far faster than the K-1 process. Also, the CR-1 visa is greatly superior to a K-1 (cheaper, no AOS required, can work right away, get a green card sooner, etc.).

Sorry if this is personal, but I'm guessing you're a same-sex couple based on your profile picture? If so, I can understand why you aren't able to marry in China. However, you can marry anywhere and it will still count for US immigration purposes.

Anyway, it's just something I suggest considering.

 

Edit: I just saw you filed the I-129F in January...darn. So the timeline to enter the US would be about the same and the cost difference is negligible now. It's still a viable path due to the other benefits of a CR-1 visa, but not quite as much.

Edited July 27, 2018 by geowrian

[JDP91 118]

Thanks to both of you for the insight!

 

RandyW, I have a comfortable career and earnings potential. I'm not worried about that — only about making sure it comes through adequately in my fiancé's interview process, which I cannot be present for. My income recorded on the affidavit of support will only be a few hundred dollars of investment income, as there is no spot to include my exempt earned income. I'm not sure that they would spend the time digging through my tax returns to find the grand total? Anyhow, it sounds like it'll be best for me to have my brother as a joint sponsor, which he is able and willing to do. I was just hoping to save him the hassle and paperwork ;p 

 

geowrian, Yes, we are a same-sex couple, and had I known the K1 process would have taken so long, I might have looked into marrying elsewhere and pursuing the CR1 route! Oh well. At least we are living together, and thus don't have to deal with the wait apart.  I am debt-free (should I include a note on this?) and have savings and investments within a few grand of 5x the requirements, so I believe I should be comfortably above the minimums if they are only 3x.

 

I can also include emailed correspondence with a recruiter I am working with if it is helpful to show that I am in the process of looking for jobs back in the US. Might it also be helpful to provide a brief write-up of my educational, licensing, and professional credentials/experience thus far? 

 

One last question — for cash/saving balances, are bank statements typically adequate, or do I and my potential joint sponsor both need a separate letter from an officer of the bank? I currently do not have plans to return to the US before my fiancé's interview, and assume I would be unable to request such a letter be sent online. I can however provide statements showing the account opening date, balances, cashflow, etc. 

 

Thanks again! 

[RandyW 149]

It is YOUR responsibility to resent an ACCURATE picture of your circumstances to the Visa Officer. A cover sheet for the Affidavit of Support briefly describing what you have told us can work wonders, along with accompanied evidence.

 

Yes, career evidence is VERY important.