Family Immigration: What Does it Mean to Be Able to Support a Spouse Financially?

Are you applying to bring your finances or your spouse to the United States? If so, there are a number of different requirements that will need to be satisfied to qualify for a K-1 visa or a spousal visa. One of the big ones is financial eligibility. Here, our Virginia family immigration lawyer explains the financial eligibility requirements for a finance visa in more detail.

What to Know About the Affidavit of Support Requirement

When you apply for a K-1 finance visa or a spousal visa, you will need to meet financial eligibility standards. Indeed, a central financial requirement for many family immigration petitions is the Affidavit of Support (Form I-864). United States immigration law requires the sponsoring U.S. citizen or lawful permanent resident to demonstrate that they have sufficient financial resources to support the immigrant. The requirement appears primarily in 8 U.S.C. § 1183a. It holds that a sponsor must sign an Affidavit of Support document that confirms that the immigrant will not become dependent on public assistance.

Key Point: A sponsor must prove that they can support their finance/spouse and they must also agree in writing that they are willing to do so.

An Overview of the Financial Support Income Rules (Based on Federal Poverty Guidelines)

To qualify as a financial sponsor, the petitioner must generally demonstrate income that equals at least 125 percent of the Federal Poverty Guidelines for their household size. The calculation includes the sponsor, the immigrant beneficiary, dependent family members, and any other people already sponsored through a prior affidavit of support. If the sponsor is currently serving on active duty in the U.S. Armed Forces and sponsoring a spouse, the required threshold may be reduced to 100 percent of the Federal Poverty Guidelines.

An Applicant Must Present Documentation: USCIS will income using recent tax returns, W-2 forms, pay statements, and employment verification letters. If the sponsor does not meet the income threshold through salary alone, certain liquid assets may also be counted toward the financial requirement if they are sufficient.

Understanding the Option of Using a Joint Sponsor When Income/Assets are Not Sufficient

If the petitioning sponsor cannot independently satisfy the financial eligibility requirement, immigration law allows the use of a joint sponsor. A joint sponsor must be a U.S. citizen or lawful permanent resident who is at least 18 years old and domiciled in the United States. That person must independently meet the same income threshold requirements. Among other things, the joint sponsor must also complete Form I-864. That form will require him or her to accept legal responsibility for financially supporting the immigrant if necessary.

Contact Our Virginia Family Immigration Attorney Today

At Escobar Law Offices, our Virginia family immigration lawyer is standing by, ready to help. If you have any questions about financial eligibility requirements for a finance visa or a spousal visa, we are here to help. Contact us now to set up your strictly private case review. We handle the full range of family immigration matters in Northern Virginia.

Source:

travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/affidavit-of-support.html