2009 Poverty Guidelines for K-1 Visa Petitioners

One of the things that will be required during the K-1 Fiance(e) Visa application process is proof that the foreign Fiance(e) will not become a “public charge” in the US.

Essentially this means that the government doesn’t want to let in people who might go on welfare one day. To lower the risk of this, the government requires that the US Fiance(e) sponsor the foreign Fiance(e).

To sponsor the foreign Fiance(e), the US Citizen must therefore meet certain income/asset requirements. If the US Citizen doesn’t meet these requirements, a joint or co sponsor might be able to help out.

Let’s take a look at the numbers. What we are looking for is for the US Citizen to have an income that is 125% above the poverty line (count all dependents and the foreign fiance/e in the household size, but do not count non-dependent members of the sponsor’s household). The following numbers are from Form I-864P, Poverty Guidelines, as published by USCIS, and apply to the 48 contiguous states, DC, Puerto Rico, the US Virgin Islands, and Guam:

If Sponsor’s Household size is…                   125% of Poverty Line:

2                                                                         $18,212

3                                                                         $22,887

4                                                                         $27,562

5                                                                         $32,237

6                                                                         $36,912

For Alaska and Hawaii:

If Sponsor’s Household size is…                   125% of Poverty Line:

2                                                                     $20,950(H) / $22,762(A)

3                                                                     $26,325(H) / $28,612(A)

4                                                                     $31,700(H) / $34,462(A)

5                                                                     $37,075(H) / $40,312(A)

6                                                                     $42,450(H) / $46,162(A)

*Source: Form I-864P (Poverty Guidelines) Published by USCIS

The ideal is that the US Citizen has a yearly income that is well above the applicable amount listed above. There are no income requirements for the foreign fiance(e).

What if the US Citizen doesn’t meet the income requirements above?

Well, there are more than one option in this case. The first is to look at the US Citizen’s assets and make a calculation that might help supplement his or her income. This will be covered in an upcoming post.

Another option is to seek a joint sponsor. Both of these options will be covered in their own separate posts, as there is important information to cover for each.

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Disclaimer
Use of this site does not constitute an attorney client relationship. Nothing on this site (nor any resulting communication without an attorney-client agreement) is legal advice. The information on this site, and all resulting communications, are NOT legal advice and is for reference only. I only become your lawyer if a signed attorney-client agreement is reached.
Disclaimer
Use of this site does not constitute an attorney client relationship. Nothing on this site (nor any resulting communication without an attorney-client agreement) is legal advice. The information on this site, and all resulting communications, are NOT legal advice and is for reference only. I only become your lawyer if a signed attorney-client agreement is reached.