LightPanther

First of all, I posted this on another forujm but only saw this forum after wards, which seems closer to the question, so if there is a rule of not posting on multiple forums my apologies for any irritation or inconvenience...

Fiance stuff

Can someone give me a concrete answer to the following.

What would be the likelihood of obtaining a fiance visa in the following circumstances (after her divorce goes through).

My girlfriend is a US citizen, presently married, but divorce being filed.

She is however dependent upon her husband for funds. So...this means she will have rather low income (shop work etc).

I am in UK, but am not employed, but I do have reasonable assets....about 170K GBP and a house.

Given these details, are these "assets" sufficient to cover the "financial requirements" of a fiance visa, because I have searched and cannot find a clear answer to this.

In the worst case scenario if NO income is involved, what assets are requried?

MissKris81

Hi Unfortunately I don't think it matters how much money or assets you have. The USC has to prove that he or she has income and/or assets 125% above the poverty line.

Plus, even though it says that the USC can use their assests, I think that they really prefer if the USC makes the poverty line in income alone.

What you'll most likely need to do is get a co-sponsor for both the I-134 and the I-864. Just about anyone that is willing to sponsor can, as long as they meet the poverty guideline requirements.

Just explain to this person (the co-sponsor) that they are not required to support you, but are required to pay back the government if you become a public charge (welfare recepient, etc.)

Hope that answered your question

Kristin

meauxna

The poverty level she is required to meet is incredibly low. You should first look to see how close her income is to meeting the requirement.

A fiance visa in the UK requires submission of form I-134. Some people have had experience using their own funds (the foreign partner) to meet these requirements. Try searching 'self sponsored' or 'foreign fiance funds/income/assets' etc.

At eventual Adjustment of Status to Permanent Resident your (then) wife submits the more binding I-864. Her income situation may have improved by that time. Additionally, if you have been living in the same household for 6+ months at that time, your income and assets may be combined with hers for a total household income.

It is acceptable to use assets (and have no income) if you apply the correct formula. I suggest you see the instructions attached to both the Affidavit of Support docs.