Financial Requirements for the K1 Fiancée Visa

by admin on October 14, 2009

In order to petition for a US K1 visa, certain financial requirements must be met.  Without proof of adequate financial resources to sponsor one’s fiancée/fiancé, the K1 visa could be denied. 

Form I-134 is the Affidavit of Support for an alien fiancée that must be submitted with the application for a K1 visa.  The I-134 is to be completed by the sponsor in order to assert that the fiancée/fiancé will not become a “public charge” upon entry to the US and that the sponsor has sufficient income or financial resources to ensure that his/her fiancée/fiancé will not become dependent on public services such as welfare. 

Supporting evidence required for the I-134

The Affidavit of Support requires evidence of financial resources through the submission of: a) statements from financial institutions in which one has deposits; b) statement from one’s employer detailing nature of employment and salary; and if self-employed, c) copy of tax return or commercial rating concern, d) details regarding any bonds owned. 

After filing form I-134 the sponsor will become financially responsible, under certain circumstances, if the fiancée/fiancé becomes a public charge.  The agency that provides this assistance may be able to file a claim for reimbursement against the sponsor in order to recover the full cost of any benefits that have provided to the visa beneficiaries. 

Under what circumstances should Form I-134 be used?

The Affidavit of Support I-134 is primarily for K1 visa applications.  For those that are applying for permanent residency, Form I-864 is required.  When filing for a K3 marriage visa application, neither the I-134 nor the I-864 is required because the latter will be filled out once the spouse adjusts his or her status in the US. 

For the I-864, the sponsoring US citizen must prove that its financial funds and assets are 125% over the poverty line.  But under Section 212(a)(4) of the INA,  the I-134 requires proof that the sponsor’s income is 100% of federal poverty guidelines.  There are also special financial requirements for active duty military personnel and for residents of Florida and Alaska.

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