Minimum Income Requirement- K-1 Fiance(e) Visa and CR-1 Spousal Visa
During the K-1 Fiance(e) Visa or IR-1/CR-1 Spousal Visa application, there is a minimum income requirement as part of the process. The sponsor or a co-sponsor is specifically required to proof evidence of financial support. The USCIS wants ensures that your foreign fiancé(e) or spouse does not become a “public charge”. In other words, they do not want them to require welfare assistance once they arrive in the U.S.
To determine if the sponsor or co-sponsor earns sufficient income, they must meet the minimum income requirement which is set by the U.S. Congress every February. The minimum income requirement is different for a K1 Fiancé(e) Visa, K-1 Adjustment of Status, and an IR-1/CR-1 Spousal Visa. Also, the minimum income requirement is different based on where you live.
Minimum Income Requirement
Click I-864P to see the latest I-864P (HHS Poverty Guidelines for Affidavit of Support). This form specifically provides the minimum income requirement for 100% and 125% of poverty.
As shown on the form I-864P, there are three income requirement tables based on where you live:
- 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or Guam.
For one thing, the minimum income requirement is higher in Alaska and Hawaii. The minimum income requirement is the highest overall if you are from Alaska.
The 3 tables on I-864P list the U.S. Department of Health and Human Services (HHS) poverty levels for 100% and 125% of the HHS poverty guidelines based on the sponsor’s household size. The sponsor’s household size includes all people currently living in the house. In addition, it also includes all of the proposed sponsored beneficiaries.
Below are the poverty percentage columns to use for each type of application:
K-1 Fiance(e) Visa
- I-129F K-1 Fiance Visa- 100% Poverty
- K-1 Fiance Visa Adjustment of Status- 125% Poverty
Ironically, there are different minimum income requirements for your K1 Visa and your Adjustment of Status Application. For the K1 Visa Application, the requirement is 100% of the Poverty Guideline. On the other hand, for the Adjustment of Status Application, the requirement is 125% of the Poverty Guideline.
This means, when you apply for your fiancé’s K1 Visa, you need to meet the 100% minimum income requirement. On the other hand, after you get married and apply for Adjustment of Status, your minimum income requirement will be increased to 125%. So plan ahead.
IR-1/Cr-1 Spousal Visa
- Normal IR-1/CR-1 Spousal Visa- 125% Poverty
- Active Duty U.S. Military IR-1/CR-1 Spousal Visa- 100% Poverty
Determine Minimum Income Requirement
To determine your minimum income requirement on Form I-864P, do the following:
- Firstly, go to the table based on where you live.
- Secondly, find the row based on your household size (existing household plus new beneficiaries).
- Thirdly, go to the column either 100% or 125% poverty level based on your application type.
- Finally, read the minimum income requirement.
RapidVisa also offers a free Income Requirement Calculator to help you determine if you meet the minimum income requirement.
We recommend using RapidVisa for your K-1 Fiance(e) visa or IR-1/CR-1 Spousal Visa Application. If you also want to use RapidVisa, Click here to start the process.
What to do if You Don’t Meet Minimum Income Requirement
If you do not meet the minimum poverty guideline, you can still apply for a K1 Fiancé(e) Visa, Adjustment of Status, or IR-1/CR-1 Spousal Visa.
For example, you may need a joint sponsor. This is someone who is specifically willing to accept legal responsibility for supporting your family member with you. The joint sponsor/co-sponsor is usually a family member whose income meets the minimum income requirement. Your joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) actually must reach the 100% or 125% income requirement alone. Finally, you cannot combine your income with that of a joint sponsor to meet the income requirement.
Are you are using the income of other household members to qualify? If so, then each household member who is accepting legal responsibility for supporting your relative must complete a separate Form I-864A, Contract Between Sponsor and Household Member.
You can also use assets that you have. Click here and go to “If You Can’t Meet the Minimum Income Requirements”. You can specifically see your options for using assets.
Forms Required for Affidavit of Support
K-1 Fiance(e) Visa
By and large, the US Embassy will request I-134 Form – Affidavit of Support in most cases. This form shows that you are earning enough income to support them. Click here for instructions on how to fill out the I-134 Form- Affidavit of Support.
K-1 Adjustment of Status and IR-1/CR-1 Spousal Visa
There are several Affidavit of Support forms for K-1 Adjustment of Status and IR-1/CR-1 Spousal Visas. You need to specifically determine which form(s) to use:
Click AOS Guide for a guide from NVC on which form(s) in particular to use depending on your situation.
In addition, click here for a guide from NVC on filling out the Affidavit of Support forms.