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Income and Financial Requirments for Sponsoring a Fiance(e) or Spouse on a K Visa

When bringing a spouse or fiancé from Thailand to live permanently in the U.S, a petitioner must accept legal responsibility for financially supporting the spouse or fiancé. The petitioner accepts this responsibility and becomes a K-1 or K-3 sponsor by completing and signing a document called an Affidavit of Support. Essentially, Immigration officials want to ensure that the immigrant spouse or fiancé will not become a public charge (welfare recipient) once he or she enters the United States.

Income Requirement for the K-1 and K-3 Visa
In order for a petitioner to meet the income eligibility requirement in the Affidavit of Support he or she must show that his/her income is 125% of the poverty line. The chart below shows the current poverty guidelines for 2007 along with the calculation necessary to determine if a petitioner’s income meets the 125% requirement.

(Note: Active Duty military personnel need only show an income that meets the poverty guidelines level).
    2007 HHS Poverty Guidelines (125% of Poverty Line)


Persons
in Family or Household

48 Contiguous
States and D.C.

Alaska

Hawaii

1

$10,210 ($12,762.50)

$12,770 ($15,962.50)

$11,750
($14,687.50)

2

$13,690
($17,112.50)

$17,120
($21,400)

$15,750
($19,687.50)

3

$17,170
($21,462.50)

$21,470
($26,837.50)

$19,750
($24,687.50)

4

$20,650 ($25,812.50)

$25,820
($32,275)

$23,750
($29,687.50)

5

$24,130 ($30,162.50)

$30,170
($37,712.50)

$27,750
($34,687.50)

6

$27,610 ($34,512.50)

$34,520
($43,150)

$31,750
($39,687.50)

7

$31,090 ($38,862.50)

$38,870
($48,587.50)

$35,750
($44,687.50)

8

$34,570 ($43,212.50)

$43,220
($54,025)

$39,750
($49,687.50)

For each additional
person, add

 $3,480
($4,350)

 $4,350
($5,437.50)

 $4,000
($5,000)

SOURCE:  Federal Register, Vol. 72, No. 15, January 24, 2007, pp. 3147–3148


Petitioner for a K-1 Visa who does not meet the Income Requirement
Although there is not a hard and fast formula for qualifying a person as a sponsor, the most weight will be placed on income from current employment and the total unadjusted income shown on the three most recent tax returns. In most cases, a sponsor who is employed and can demonstrate the ability to earn income at or above 125% of the poverty line for the number of persons who will be supported will be found eligible. Immigration will look at the “whole picture” with regard to financial status if a petitioner does not have sufficient income to meet the requirements. USCIS will look at assets such as stocks, bonds, bank account balances, real estate, and any businesses owned by the petitioner. To be counted, the cash value of assets (subtracting for liens, mortgages, etc.) must equal five times the difference between the sponsor's income and 125(100% for active military personnel) percent of the poverty line for the household size.

Calculating Assets and Income for a Thai K-1 or K-3 Visa
To be counted, the cash value of assets (subtracting for liens, mortgages, etc.) must equal five times the difference between the sponsor's income and 125 percent of the poverty line for the household size. Let’s say a petitioner earns $15,112.50 per year in taxable income. He has a $100,000 house with a mortgage of $75,000.  He has a bank account with $1,000 in it. The USCIS will likely compute this situation as follows:
First we need to find the number we need to hit which must be equal to five times the difference between the sponsor's income and 125 percent of the poverty line for the household size:
17,112.50-15,112.50 = 2,000
2000 x 5 = 10,000
10,000 = the number petitioner’s assets must be worth in order for them to be applied toward petitioner’s sponsorship of the fiancée.
House Value: $100,000-$75,000=$25,000
Bank Account: $1,000
$25,000 + $1,000 = $26,000
Total asset value = $26,000
Here, the petitioner’s net asset value is $26,000, which definitely is more than the $10,000 necessary to meet this requirement

A Special Note Regarding K-1 Visas in Thailand

Each consulate has the authority to set its own criteria for the income requirement of a K-1 petitioner. It is a much looser standard than applying for an Immigrant Visa (CR-1, IR-1). It has been the general consensus that the US Embassy in Thailand, when processing a K-1 Visa, will likely use the above formula to determine if a petitioner has met the financial requirements for a K-1 Visa. 

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