K1 Minimum Income Requirement while living Abroad

[ValentinB 1]

Hi everyone!

 

My Fiancee and me are planning to apply for the K1 visa so we can get married in the US and then apply for AOS and immigrate to the US.

 

She is from Virginia and is been living in Paris for the past 5 years.

 

I'm french and we've been living together for two years now.

 

I've seen that the sponsor (Her) has to meet the Federal minimum income requirement which is almost $17,000 per year. I've also seen that this income has to be US-based.

 

Can we still apply for the K1 visa since we BOTH live and work outside the US?

 

Thanks a lot!

[Ben&Zian 4,397]

8 minutes ago, ValentinB said:

Hi everyone!

 

My Fiancee and me are planning to apply for the K1 visa so we can get married in the US and then apply for AOS and immigrate to the US.

 

She is from Virginia and is been living in Paris for the past 5 years.

 

I'm french and we've been living together for two years now.

 

I've seen that the sponsor (Her) has to meet the Federal minimum income requirement which is almost $17,000 per year. I've also seen that this income has to be US-based.

 

Can we still apply for the K1 visa since we BOTH live and work outside the US?

 

Thanks a lot!

 

You can. She will need a co-sponsor most likely unless she returns to the US to establish domicile and begin working and can show support on her own. The affidavit of support, the I-134, is only needed during the interview phase at the end so she has some time. Also, if she has been working abroad, she has to still file taxes in the US. All USC's must report foreign income from abroad, so she will need to make sure she is up to date.

 

Also, during the AOS phase, the minimum for support goes from 100% on the I-134 to 125% with the I-864. So the amount needed increases.

 

Also, while the minimum amount, which actually for two people I believe is really about 20-21000 annually, besides being extremely difficult in most places for one person to live off of alone, for two be stretching it since you can't work for months during the AOS phase.... but again just meeting the minimum doesn't guarantee the embassy will accept it. They will determine if you, the beneficiary, would become a public charge. So again just meeting the minumum might not satisfy them. 

 

So I would advise a co-sponsor be lined up, or just marry there and for for CR-1. Still would need a co-sponsor most likely. 

Edited May 1, 2019 by Ben&Zian

[Roel 7,191]

17.000$ doesnt sound right. I thought it was somewhere over 20.000$. 

 

Yes you can file from abroad but your sponsor needs domicile or intent to establish domicile in the US. Also in order to support you she needs to show continuous income - her income will obviously be over when she leaves France.  So you might need a joint sponsor. Hopefully your sponsor was filling her US taxes. 

[moonbunnys 36]

19 minutes ago, Roel said:

17.000$ doesnt sound right. I thought it was somewhere over 20.000$. 

 

I believe for a household of 2, it is $16,910 for the K1 visa?

For marriage visa, I see that it's $21,137 which I assumed was for adjustment of status.

 

[Ben&Zian 4,397]

Well according to this: https://aspe.hhs.gov/2019-poverty-guidelines

 

It is $16,910 annually, but that just can't be right. I've always gone off at least $20,000 and every year it should go up honestly do to cost of living/inflation and such.

 

I pay more than that $16,910 annually on rent and car insurance and cell phone bills alone. 

Edited May 1, 2019 by Ben&Zian

[TandClaudia 330]

47 minutes ago, Ben&Zian said:

Well according to this: https://aspe.hhs.gov/2019-poverty-guidelines

 

It is $16,910 annually, but that just can't be right. I've always gone off at least $20,000 and every year it should go up honestly do to cost of living/inflation and such.

 

I pay more than that $16,910 annually on rent and car insurance and cell phone bills alone. 

 

$16,910?

 

That's roughly $9/hr and seems like a pretty low amount depending on where a person lives and their trade/profession.

[Ben&Zian 4,397]

1 minute ago, TandClaudia said:

 

$16,910?

 

That's roughly $9/hr and seems like a pretty low amount depending on where a person lives and their trade/profession.

 

Completely agree. Even if it was $20-21,000 minimum, that's nothing for most locations to live off of. 

[ValentinB 1]

Thank you all for your replies!

 

I think that you are all really focusing on the amount of money required to apply while my question was more about the process of filing from abroad and the need of US-based income.

 

The amount of money isn't our concern, it is its origin.

 

I don't think USCIS will care about how much money we earn in France, they'll care about how much we are going to earn on the US Soil.

 

Thanks for the informations about joint sponsors.

 

So how does this works? One of my fiancee's parents would have to be my joint sponsor and show that they'll be able to support me in case I do not have any income in the US?

 

Thanks a lot!

 

[payxibka 10,044]

4 minutes ago, ValentinB said:

Thank you all for your replies!

 

I think that you are all really focusing on the amount of money required to apply while my question was more about the process of filing from abroad and the need of US-based income.

 

The amount of money isn't our concern, it is its origin.

 

I don't think USCIS will care about how much money we earn in France, they'll care about how much we are going to earn on the US Soil.

 

Thanks for the informations about joint sponsors.

 

So how does this works? One of my fiancee's parents would have to be my joint sponsor and show that they'll be able to support me in case I do not have any income in the US?

 

Thanks a lot!

 

The USCIS will NEVER care about how much you make until adjustment of status.  The Department of State will care about continuing income when it comes to the visa.  

Edited May 1, 2019 by payxibka

[ValentinB 1]

Thanks @payxibka for your answer.

 

I'm sorry I said USCIS, I'm still learning all of the process.

 

But there is also something I don't understand.

Why should we show that we have continuing financial ressources for the K1 Visa which is non-Immigrant?

 

I understand that for an immigrant visa you need to show that you won't be a charge to the Government since you're gonna establish in the US but when it comes to K1, it is a 90 days so temporary Visa.

[payxibka 10,044]

10 minutes ago, ValentinB said:

Thanks @payxibka for your answer.

 

I'm sorry I said USCIS, I'm still learning all of the process.

 

But there is also something I don't understand.

Why should we show that we have continuing financial ressources for the K1 Visa which is non-Immigrant?

 

I understand that for an immigrant visa you need to show that you won't be a charge to the Government since you're gonna establish in the US but when it comes to K1, it is a 90 days so temporary Visa.

Cuz it is a "hybrid"  non-immigrant with immigrant intent.  They are looking ahead based on the intent component

[ValentinB 1]

@payxibka

Oh you're right it mkes sense! Thanks.

 

So I think in most cases, the K1 is used when the US Citizen lives and works in the US and wants to bring his foreign fiancé to the US.

 

Is there anything already in place for the scenario where both of the US Citizen and the Fiancé live and work abroad? I mean like any special or additionnal paperwork?

 

Thanks!

[payxibka 10,044]

Have you thought about just getting married and getting a spousal visa and bypassing all the K-1 stateside BS?

[JFH 12,189]

6 hours ago, ValentinB said:

@payxibka

Oh you're right it mkes sense! Thanks.

 

So I think in most cases, the K1 is used when the US Citizen lives and works in the US and wants to bring his foreign fiancé to the US.

 

Is there anything already in place for the scenario where both of the US Citizen and the Fiancé live and work abroad? I mean like any special or additionnal paperwork?

 

Thanks!

Most of them marry beforehand (anywhere in the world) and then file a spousal visa. A K-1 visa is a very odd choice for a couple living together overseas. It’s more suited for couples who cannot get married overseas because the USC cannot get time off work, cannot get a visa to travel to the location, or the marriage process in that country is complicated or impossible for foreigners and where the foreigner cannot get a B-2 visa to visit the US and marry here. Others chose it because they don’t want to be apart after marriage. That’s not a concern for you. 

 

As it stands, you are doing an overpriced tourist visa that will give your fiancé little more than tourist status until you get married AND pay even more money and wait many months for your fiancé to even be able to get a job. Green card comes even more months later. Why would you do that if you have an alternative? In some states K-1 folks can’t even drive until they have an EAD. If you marry and apply for a spousal visa she will have a green card the minute she lands at the airport and all the privileges that come with it. 

[Stubmeister 31]

I think I would be more inclined to do the IR-1/CR-1 visa route. The initial outlay is a little expensive but you don't have to deal with a lot of the requirements once you establish residency.  I went with the K-1 for personal reasons. But like other say, your mileage may vary!