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2016 Fiance Visa Requirements

Fiance Visa requirements for Eligibility for a K1 Fiancee Visa





   2016 Fiance Visa Requirements: Sponsor is US Citizen

U.S. citizens ONLY, can sponsor an Alien Fiancee. Legal permanent residents are NOT eligible.

   Free to Marry


You and your fiancé(e) must both be free to marry, at the time you submit your petition. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death.

   Face to Face Meeting


You must also have met with your fiancé(e) in person, "face to face" within the last two years before filing.

   Planning to Marry


You must affirm that you both intend to marry during your fiancee's stay in the USA.

   Bone Fide Relationship


You must be able to convince immigration that your relationship is genuine.

   Fiance Visa Requirements

   Financial Eligibility: 2016

You must be able to prove annual income of $16,020 plus $4,160 for any dependents.


Persons in Family or Household 48 Contiguous States and D.C. Alaska Hawaii
2 $16,020 $20,020 $18,430
3 $20,160 $25,200 $23,190
4 $24,300 $30,380 $27,950
For each Additional person add  $4,160  $5,200 $4,780


How to prove your Income.

The way to demonstrate his income, the US sponsor normally provides his most recent Federal Tax Return, 3 to 6 pay stubs showing 'Year to date' earnings, plus a letter from his employer confirming his job, and what the annual pay is.

Cash Assets count as an alternate to income.

In some cases a sponsors income may be low, but he has 'money in the bank'. Cash assets, can be used as a substitute for annual income. 'Cash' assets are assets which can be easily converted (sold) to cash. For example: stocks, bonds, certificates of deposit, cash in a checking account can be used. Other assets that can NOT be easily turned to cash with the EXCEPTION of equity in his home, are not useable.

Cash Asset Equivalents

$5 cash assets = $1 annual income

Alternatively a combination of income and assets will work.

Using a Financial Joint-sponsor

If the sponsors income or assets are not enough to achieve the eligibility threshold, the sponsor can ask a relative or friend to act as a joint-sponsor. Just like buying a car, a second person could 'co-sign' your loan. In this case he is financially joint-sponsoring your petition.

When a joint-sponsor is used the size of the household increases. The combined household (for the financial calculations) would include the household size of the sponsor combined with the household size of the co-sponsor.

For example, a college student petitioning for his fiancee, asks his father to joint-sponsor. Both the college student and the father would each complete an affidavit of support. The students household is just 2 persons, himself and his fiancee. The fathers household would be father, mother, and the two siblings still living at home. Thus the combined household would be 6 persons, and the combined income of both sponsor and joint-sponsor would have to be $32,580 or more.

A joint-sponsor can be used for any Spousal Visa or Adjustment of Status petition, and can be used for MOST Fiance Visa petitions. Not all consulates allow the use of a joint-sponsor for a Fiance Visa. Philippines, Indonesia, Vietnam and Nigeria do not.

If you are applying for a Fiance visa and know you will need a joint-sponsor, before filing the petition, best is to contact the consulate directly and confirm whether the consulate's policies permit the use of a financial joint-sponsor.

Using a Financial Joint-sponsor

As most US sponsors are regular full time employees, his income proof is most likely his recent Federal Tax Return 1040, 3 to 6 recent pay stubs (showing year to date earnings) and a letter from his employer stating the terms of his employment.

Employed, Unemployed, Retired

When reviewing your income, Immigration attempts to forecast whether your income will be adequate not only today, but will continue to be sufficient over the next TEN years. When it comes to looking at your older income history, compared to today’s performance, the philosophy is: 'What have you done for me lately?'

Income was under the requirement last year,
    but OVER this year

Your present income has the most weight. If your income was low last year (you were a student, unemployed, disabled) it really won't negatively effect you, so long as this year you have a solid permanent employment, have been on the job at least three months, and your income to date (shown by your pay stubs) shows you are on track to earn in excess of the eligibility requirement by the end of this year.

Income over the requirement last year,
    but UNDER this year

If the reverse is true: your income was good in previous years but now you are unemployed or a student, etc, you have a ‘Hard Sell’ to convince immigration you meet the financial requirement. If you do not want to use a co-sponsor, or are not permitted to use one, then the best you can do is adjust the timing of when you submit your petition, so that at the time the financial evidence needs to be presented (about 7 months after submitting a Fiancee or Spousal visa, or 3 months after submitting an Adjustment of Status petition) the income from your current job is adequate, and it is likely you will continue at the job. This may mean first finding your next job, before submitting your Fiancee or Spousal petition, or submitting early, well before retirement starts.

Equity in your Home

$5 dollars in liquid cash assets can be used as the equivalent for $1 dollar in income. Also equity in your home can be used. What is required to demonstrate your equity, is a professional appraisal estimating the current market value of your home. An online free estimate won’t be good enough. A professional , very recent, appraisal, is needed.

   Fiance Visa Requirements

    

By Fred Wahl
the VisaCoach

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Fred Wahl is Bonded by the State of California as an Immigration Consultant, qualified to coach in the non-legal, technical procedures of immigration form preparation, and document selection. Whenever legal advice or legal representation is needed, the service of a qualified Immigration Attorney should be sought. Access to and use of VisaCoach.com and Services are subject to the following Visa Coach terms of service.
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