Financial support - petitioner is full-time non-working student, can beneficiary be responsible for financial support?

[kzkm 0]

I'm a little confused with the requirements for financial support for the US K-1 fiance visa.

1. The application requirements state that the fiance needs to present evidence of financial support to prove that they will not become public charges. Specifically, that they will be able to support themselves or their partner will. At the same time, the requirements for the petition are that they have to provide tax returns from the past 3 years. If the alien fiance can support themselves then surely the US petitioner does not need to show proof of their finances? If that's the case, what kind of sum are they looking for the alien fiance to have?

2. Now, the specifics: I am the alien fiance and my partner is studying full-time in the US and is a US citizen, so not working. He doesn't have a good relationship with his family and they are not an option for sponsorship. I'm completely happy showing proof of savings in a checking account, and I just want to know if it would be possible to only take that into consideration as my partner's current lack of income (only student loan money sufficient to support himself) is redundant in this case. And also, if it is possible, how much would I ideally need to have (approximately) for it to be considered sufficient?

3. Also, if my partner does end up working alongside studies and earns enough to show that he could support both of us, obviously his tax returns would show that he hasn't had income from all of the past 3 years, from which the tax returns are required - is that a problem?

Thank you in advance!

[Boiler 45,402]

I 134 if going through London it is.

[clairegie 265]

Hi kzkm. I am not an expert on the k1 process, I can only provide my thoughts regarding your situation.

First thing that came to mind was how many years left before your fiance graduates and if he can handle working and studying at the same time. I agree though that you wont seem to be a burden (for the 90 days you are given to get married) since you have savings. I am just wondering for how long will your savings be good for since you wont be able to work immediately upon entering USA.

I would suggest a joint sponsor but plenty of VJ members have attested that consulates are very strict about joint sponsors when it comes to k1 visa. Some dont even accept them at all. I understand that he doesn't have a good relationship with his family, but the joint sponsor doesn't need to be a family member. It can be a relative or a friend. Are you absolutely sure you cant find someone to cosponsor? This is the only way I see for you to meet the financial support category. Keep in mind, it is still up to the consulate if they will accept your joint sponsor or not. Best of luck to you.

Btw, here is the poverty guidelines. Your fiance needs to meet 125%

http://www.uscis.gov/files/form/i-864p.pdf

Edited September 17, 2013 by iammrsregi

[LmmL 46]

He needs only one year of his tax return for I134. That's the requirement, based of the requirement the consulate sent me.

[KayDeeCee 4,893]

What consulate? This makes a big difference. Not all of them require the same things. London is the only one I know for sure that does allow self-sponsorship.

[kzkm 0]

The consulate in Ukraine. I tried looking it up and can't find any info on which consulates accept co-sponsors and which ones don't

What consulate? This makes a big difference. Not all of them require the same things. London is the only one I know for sure that does allow self-sponsorship.

[KayDeeCee 4,893]

The consulate in Ukraine. I tried looking it up and can't find any info on which consulates accept co-sponsors and which ones don't

Yes, Ukraine accepts co-sponsors. If you set Ukraine in your profile, you will most likely receive answers from those that have been through that county before when you ask questions. VJ has portals where all the posts made by members from specific countries show up in one place so you can just click the 'Portals' link at the top of the site and see all posts from members going through your same consulate.