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REQUIREMENTS FOR K-1 VISA:

1. You must be a U.S. citizen.
2. You have met your Fiancee in person within the previous two years.
3. Both you and your Fiancee are legally free to marry.
4. You meet certain minimum income requirement*.
5. Your Fiancee does not have a criminal record.
6. Your Fiancee has not violated U.S. immigration laws

* Normally you will be required to show 125% of the poverty level for your household including your Fiancee and any children. If you do not meet these requirements, you will need a co-sponsor who does meet the guidelines. The co-sponsor also needs to fill out an Affidavit of Support (Form I-134) for your Fiancee and her children.

POVERTY GUIDELINES

Minimum Income Requirement for Use in Completing Form I-864

For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands and Guam:
Sponsor's Household Size 100% Poverty Line
For sponsors on active duty in the U.S.Armed Forces who are petitioning fortheir spouse or child.
125% Poverty Line
2 $16,240 $20,300
3 20,420 25,525
4 24,600 30,750
5 28,780 35,975
6 32,960 41,200
7 37,140 46,425
8 41,320 51,650
Add $4,180 for each additional person. Add $5,225 for each additional person.

For Alaska:

Sponsor's Household Size 100% Poverty Line
For sponsors on active duty in the U.S.Armed Forces who are petitioning fortheir spouse or child.
125% Poverty Line
2 $20,290 $25,362
3 25,520 31,900
4 30,750 38,437
5 35,980 44,975
6 41,210 51,512
7 46,440 58,050
8 51,670 64,587
Add $5,230 for each additional person. Add $6,537 for each additional person.

For Hawaii:

Sponsor's Household Size 100% Poverty Line
For sponsors on active duty in the U.S.Armed Forces who are petitioning fortheir spouse or child.
125% Poverty Line
2 $18,670 $23,337
3 23,480 29,350
4 28,290 35,362
5 33,100 41,375
6 37,910 47,387
7 42,720 53,400
8 47,530 59,412
Add $4,810 for each additional person. Add $6,012 for each additional person.


Means -Tested Public Benefits.

Federal Means-Tested Public Benefits. To date, Federal agencies administering benefit programs have determined that Federal means-tested public benefits include Food Stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (SCHIP)..

State Means-Tested Public Benefits. Each State will determine which, if any, of its public benefits are means-tested. If a State determines that it has programs which meet this definition, it is encouraged to provide notice to the public on which programs are included. Check with the State public assistance office to determine which, if any, State assistance programs have been determined to be State means-tested public benefits..

Programs Not Included: The following Federal and State programs are not included as means-tested benefits: emergency Medicaid; short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; student assistance under the Higher Education Act and the Public Health Service Act; certain forms of foster-care or adoption assistance under the Social Security Act; Head Start Programs; means-tested programs under the Elementary and Secondary Education Act; and Job Training Partnership Act programs.

Form I-864P (Rev. 04/01/07)N

Documents You Need to Show That You Are a United States Citizen:

  • If you were born in the United States, give the USCIS a copy, front and back, of your birth certificate.
  • If you were naturalized, give the USCIS a copy if your Certificate of Naturalization

What If a Document Is Not Available?

NOTE: If the documents needed above are not available, you can give CIS the following instead. However, the USCIS may request in writing that you obtain a statement from the appropriate civil authority certifying that the needed document is not available. Any evidence submitted must contain enough information, such as a birth date, to establish the event you are trying to prove.

School records A letter from the school authority (preferably from the first school attended), showing the date of admission to the school, child's date or age at that time, place of birth, and the names of the parents.

Census record State or Federal census record showing the name(s), date(s) and place(s) of birth or age(s) of the person(s) listed.

Baptismal certificate A copy, front and back, of the certificate under the seal of the church, synagogue or other religious entity showing where the baptism, dedication or comparable rite occurred, as well as the date and place of the child's birth, date of baptism and names of the child's parents. The baptism must have occurred within two months after the birth of the child.

Affidavits Written statements sworn to, or affirmed by, two persons who were living at the time and who have personal knowledge of the event (For example, a birth, marriage or death). These persons may be relatives and do not have to be citizens of the United States. Each affidavit should contain the person's full name and address, date and place of birth, and relationship to you and must fully describe the event and explain how he or she acquired knowledge of the event.

Other Documents You Need to Submit With Form I-129F:

  • Affidavit of Support (Form I-134/I-864);
  • Financial statements;
  • One color photo of you and your spouse (make sure you meet all the USCIS requirements);
  • Completed and singed Forms G-325A for you and your Fiancee;
  • Passports
  • Divorce decrees (if applicable)
  • If you or your Faincee are using a name other than on the relevant document, you must submit any documents showing your legal name change (such as: marriage certificate, adoption decree or court order).

Please, note that this is not a complete list of the supporting documents you are required to submit while filing Petition for Alien Fiancee.

 

Laurie Wu, Attorney
(602) 559-1197
laurie@lywlaw.com

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