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Filed: K-1 Visa Country: United Kingdom
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Posted

My USC fiancée has taken a career break to travel with me while we have been submitting our visa application, and my interview is coming up. I've read a few topics that indicate a K1 beneficiary may pass the visa interview with assets as the only financial support, I understand that it is down to the consular officer's discretion and that neither the I-134 or I-864 are strict requirements but are good guidelines, and ultimately the test is to demonstrate that the foreign beneficiary/fiancé will not become a public charge during the 90 day visa validity.

 

My plan at the moment is to submit an I-134 from her showing no income but with cash assets that are approximately 7x the federal poverty guidelines for a household of 2 in the 48 contiguous states. We could also submit tax returns for 3 previous years (i.e. before her 1 year career break) showing income of at least 3x the federal poverty guidelines for each of those years. I may be able to show evidence of my own cash assets that are similar in size to hers. I think common sense says that the likelihood of becoming a public charge is low. Does anyone know if this will be sufficient for the interview, or have any recommendations? E.g. is it worth preparing a brief letter explaining the career break and intention for her to seek employment?

 

Thanks!

Posted
1 hour ago, Josh N said:

My USC fiancée has taken a career break to travel with me while we have been submitting our visa application, and my interview is coming up. I've read a few topics that indicate a K1 beneficiary may pass the visa interview with assets as the only financial support, I understand that it is down to the consular officer's discretion and that neither the I-134 or I-864 are strict requirements but are good guidelines, and ultimately the test is to demonstrate that the foreign beneficiary/fiancé will not become a public charge during the 90 day visa validity.

 

My plan at the moment is to submit an I-134 from her showing no income but with cash assets that are approximately 7x the federal poverty guidelines for a household of 2 in the 48 contiguous states. We could also submit tax returns for 3 previous years (i.e. before her 1 year career break) showing income of at least 3x the federal poverty guidelines for each of those years. I may be able to show evidence of my own cash assets that are similar in size to hers. I think common sense says that the likelihood of becoming a public charge is low. Does anyone know if this will be sufficient for the interview, or have any recommendations? E.g. is it worth preparing a brief letter explaining the career break and intention for her to seek employment?

 

Thanks!

Yes, for the I-134 I wouldn't expect any issues.  However, keep in mind that you will soon be submitting the I-864 for AOS, and the new administration may well implement additional public charge requirements, like they did previously.

Posted

@Josh N This is what I did in my K1 interview at the London embassy back in 2022. My fiancée (now wife) wasn't working (she was a student) so had no income and I had significant liquid assets.

 

An excerpt from my London embassy review:

 

Quote

... then told the officer that "I understand I can self-sponsor and have brought evidence to support that". She asked me what I had, and I responded that I had bank statements (12 months worth, unevenly split across 2 accounts, about 90k GBP in total). She then asked if I had an I-134, and I told her I did not. The officer then handed me a form detailing my rights and asked me to sit back down and wait to be called again by a different window.

 

Never had any issues during the K1 visa process or during AoS (we used a joint sponsor and I again included my liquid assets for the I-864).

 
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