Legal Question in Immigration Law in Missouri

Fiance visa and financial support

Hi, I had a question about evidence of support. The last few years i only worked part time because i had moved to michigan with some friends. Then last year i moved home to help my mom, and then spent 5 months in Thailand. So according to my W2, i only made $17,300 in 2006 and only $4,000 in 2007. Im planning on visiting my GF who is a filipina living in Hong Kong for the last 4 years. When i get back i have a job lined up where ill make $30,000-40,000 a year. Will i be able to get accepted as proof of support for a fiance visa? What other options do i have?

thanks for your help,

Cody


Asked on 7/26/08, 3:03 am

4 Answers from Attorneys

Lopa Blumenthal Blumenthal & Blumenthal, LLC

Re: Fiance visa and financial support

Hi, Congratulations on your engagement. The affidavit of support for the fiance visa (I-134)is not as stringent as the one that you will have to file once youa re married and your wife applies for a green card (I-864) and both allow prospective salaries to be calculated in. Furthermore, you can use your assets (property, bank accounts etc.) to show proof of your ability to support your future spouse. The criterion to meet is 125% of the poverty level. For a 2-person household, the USCIS currently calculates it to be about $17,500 a year. If you have further questions or would like to schedule an appointment, please feel free to call.

Best wishes,

Lopa

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Answered on 7/26/08, 3:58 pm
Lopa Blumenthal Blumenthal & Blumenthal, LLC

Re: Fiance visa and financial support

Hi, Congratulations on your engagement. The affidavit of support for the fiance visa (I-134)is not as stringent as the one that you will have to file once youa re married and your wife applies for a green card (I-864) and both allow prospective salaries to be calculated in. Furthermore, you can use your assets (property, bank accounts etc.) to show proof of your ability to support your future spouse. The criterion to meet is 125% of the poverty level. For a 2-person household, the USCIS currently calculates it to be about $17,500 a year. If you have further questions or would like to schedule an appointment, please feel free to call.

Best wishes,

Lopa

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Answered on 7/26/08, 3:59 pm
Marc Seguinot Seguinot & Associates, P.C.

Re: Fiance visa and financial support

It is highly likely that when you begin your job, and have evidence of your salary, that will count toward the support requirement. the income of $30,000 up is sufficient to support two people over the poverty guidelines. With regard to the 2006 and 2007 taxes, it is likely they will consider your 2006 and 2007. If you have a good explanation for the dip in income, and the fact that you have been employed in a high income position, a good lawyer can get your through the process. Don't do this alone, okay. Get a good attorney. I wish you the best! Take care.

Marc Seguinot

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Answered on 7/27/08, 10:29 am
Melina Merino Attorney Melina Merino

Re: Fiance visa and financial support

According to the current poverty guidelines, assuming there will be two people in your househould (your fiancee and yourself), at the time you will have to submit your affidavit of support, you must show that you have an income of at least $17,500. If you can not meet that income requirement, you can try to find a US citizen or Legal Permanent resident who is willing to be a co-sponsor and who meets the income requirements. If you need assistance or would like to discuss further, do not hesitate to contact me. Good Luck!

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Answered on 7/26/08, 10:24 am


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