If your income meets 125% of the Federal Poverty Guidelines, you might be thinking:

Great. I meet the income requirement. So financially, my spouse visa should be fine.

Well, maybe.

But as of September 18, the rules have changed. The new public charge rules say that meeting 125% does NOT necessarily mean the financial part of your spouse visa is automatically approved.

Instead, the “totality of your situation” needs to be acceptable to the reviewers.

Hi, I’m Fred Wahl, the VisaCoach.

And if you’re sponsoring your husband or wife for a spouse visa, I want to explain what that 125% number really means and why I don’t want you looking at that number alone.

For most spouse visa cases, the American petitioner submits Form I-864, the Affidavit of Support.

And normally, the sponsor needs qualifying income equal to at least 125% of the Federal Poverty Guidelines for the appropriate household size.

So yes, meeting that requirement is very important.

But think of 125% as the minimum requirement, not necessarily as a guarantee.

The State Department actually says that a sufficient I-864 is not the only consideration when determining whether there may be a public-charge problem.

The consular officer can look at the overall financial circumstances of the case.

That can include things like the immigrant’s:

• age,
• health,
• family situation,
• assets and financial resources,
• education,
• and job skills.

And they’re looking at the bigger question:

Is this person likely to become financially dependent on the U.S. government after immigrating?

Here’s a simple example.

Suppose you’re sponsoring your wife.

Your household requires you to earn a certain amount, and your income is just barely above that minimum.

On paper, you meet 125%.

But maybe you just started the job.

Your employment history has been inconsistent.

You don’t have much in savings.

And your spouse has a serious medical condition that may require substantial ongoing medical care after arriving in the United States.

Now the officer may have questions.

That doesn’t mean the visa will automatically be denied.

But it does mean that simply saying:

Look! My income is $500 above the minimum.

May not completely answer the government’s concern.

Now let’s look at the opposite situation.

Maybe your income isn’t enormously above the minimum, but you’ve had the same job for several years.

Your income is stable.

You have savings.

Your spouse is healthy, educated, has employment skills, perhaps has worked for many years, and your overall financial situation makes sense.

Those are circumstances that can help tell a much stronger financial story.

And that’s really the important point.

Don’t prepare your spouse visa as though 125% is a magic number.

When I work with couples, I want to look at the entire case.

If we’re close to the income requirement, I want to know that early.

If there’s been unemployment or a recent job change, I want to know that.

If there’s a potential health or financial issue that could cause questions later, I would much rather identify it before the interview than have the couple discover it when they’re standing in front of the consular officer.

And sometimes that means providing stronger documentation.

Sometimes it means documenting assets.

Sometimes a joint sponsor may make sense.

And sometimes there are positive facts about the applicant that should be clearly documented instead of assuming the officer will somehow figure them out.

The important thing is that we don’t simply check a box that says:

125% = yes.

And then stop thinking.

Can your spouse visa still be denied even though your sponsor meets 125%?

Yes, sorry, but with the new public charge policy it’s possible.

Only meeting 125% and having additional factors for the government to consider does not mean you’re automatically going to be denied either.

What matters is your total picture.

And that’s why I believe the best time to identify weaknesses in a spouse visa case is before you file and before you get to the interview, when you still have an opportunity to do something about it.

If you’re planning a fiancé visa, spouse visa, or adjustment-of-status application and you’re concerned about the new public-charge rules, you’re welcome to contact me for a free introductory consultation.

I’m Fred Wahl, the VisaCoach.

And for more practical information about the financial requirements for fiancé and spouse immigration, click the video on your screen.

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