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K-3 Visa – Affidavit of Support

Q. How much money do I need to show in order to bring my spouse to the US?

You must meet either 100% of the poverty guidelines, or meet the asset requirement. If unable to do either, you will need a joint sponsor.

Q: What Are the Income Requirements?

A: To qualify as a sponsor, you must demonstrate that your income is at least 100 percent of the current Federal poverty guideline for your household size. The Federal poverty line is updated annually and can be found on Form I-864P, Poverty Guidelines.

If you are on active duty in the U.S. Armed Forces, includingthe Army, Navy, Air Force, Marines or Coast Guard, and you are sponsoring your spouse or minor child, you need to have an income of 100 percent of the Federal poverty line for your household size.

Q: How Can I Use Assets to Qualify?

A: Assets may supplement income if the immigration officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and converted to cash within one year without undue harm to the sponsor or his or her family members. You may not include an automobile unless you show that you own at least one working automobile that you have not included.

Q: What assets can be used?

A: Any type of asset can be used if it is readily convertible to cash within a year. Liquid assets, such as savings deposits, stocks, bonds, and certificates of deposit will be viewed most favorably because they would be most accessible for the support of sponsored immigrants. Other assets, such as property, may also be acceptable if they can be sold within a year.

Q: What evidence of assets is required?

A: Evidence establishing ownership and the value and location of assets is required. Information on any liens and/or liabilities relating to these assets must be provided. For bank accounts, bank statements for the most recent 12 months, or a letter from the bank stating the date the account was opened, a history of deposits and withdrawals for the past year, and the current balance are needed.

Q: Can the petitioner (US Citizen) or joint sponsor who receives housing and other benefits instead of salary count those benefits as income?

A: Yes. The sponsor may count income that is not subject to taxation (such as a housing allowance), as well as taxable income. However the sponsor must prove the nature and the amount of any income if it is not included as wages/salary or other taxable income. Evidence of such income can be shown through notations on the W-2 Form (such as box 13, for military allowances), Form 1099, or other documents that substantiate the claimed income.

Q: Can a credible offer of employment for the applicant (foreign national spouse) replace or supplement an insufficient affidavit of support?

A: No. The law does not make any provision for the consideration of offers of employment in lieu of the I-134. An offer of employment may not be counted in reaching the 100 percent minimum income.

Q: What if the petitioner (US Citizen) cannot meet the 100 percent minimum income requirement?

A: If the petitioner (US Citizen) cannot meet the 100 percent minimum income requirement, they require a joint sponsor.

Q: What is a joint sponsor.

A: A joint sponsor is a person who is not the petitioner for the sponsored immigrant but who meets the citizenship, residence, and age requirements and who meets the 100 percent minimum income requirement for his or her household size.

Joint sponsors are permitted when the petitioner cannot meet the income requirements or has died before all family members have immigrated.

Q: Who can be a joint sponsor?

A: Joint sponsors must be U.S. citizens or lawful permanent residents; age 18 or over; and live in one of the 50 States, Washington, DC, or a US territory or possession.

Q: Is there a limit on the number of joint sponsors?

A: There is no limit on the number of joint sponsors; but each joint sponsor must meet the 100 percent of the poverty line income requirement for their household size.

Q: What are the responsibilities of a joint sponsor?

A: Joint sponsors must accept joint legal responsibility for supporting sponsored immigrant(s) and reimbursing the cost of any means-tested public benefit used until the sponsored immigrants naturalize, can be credited with 40 qualifying quarters of work, depart the United States permanently, or die.

Q: Are joint sponsors required to attend the interview?

A. No, joint sponsors are not required to attend the interview. However the petitioner (US Citizen) must bring the joint sponsor’s supporting documents (employment verification, copy of most recent years 1040 IRS tax return and W-2) to the interview.