Although the K1 fiance visa is a non-immigrant visa, in many respects it is treated as an immigrant visa. U.S. immigration law requires that all applicant's for immigrant visas establish that they are not likely to become a public charge. In plain language this means, that the immigrant has to establish they will not require government support such as welfare. K1 visa regulations require that an applicant for a K1 fiancee visa establish that the applicant would be eligible to receive an immigrant visa. This is because the end result of a K1 visa is that the K1 applicant will immigrate to the U.S. unless he or she decides not to marry the U.S. Citizen petitioner and returns to his or her country. As a result a K1 visa applicant must establish. similar to applicants for immigrant visas, that he or she will not become a public charge.

Although procedures for establishing this vary among consular posts, most posts require that the K1 visa applicant establish this by having the U.S. Citizen petitioner complete Form I-864 and provide evidence of the ability to financially support his or her foreign national fiance. Generally speaking, this means that the U.S. Citizen petitioner must submit copies of his or her most recent tax returns, evidence of current employment (in the form of a letter from his or her employer), and other evidence of financial resources such as bank accounts or investment statements. Although not a requirement at the consular level, because the U.S. Citizen must show income of 125% of the federal poverty guidelines later in the adjustment of status process, this is the benchmark that should be used in establishing the petitioner's ability to support the K1 applicant.

If the K1 petitioner is not able to demonstrate sufficient income he or she may need to obtain a co-sponsor. A co-sponsor is typically a family member of the U.S. Citizen but it does not have to be. However, the co-sponsor must be a U.S. Citizen or lawful permanent resident.

Because a K1 visa will not be issued unless there is sufficient evidence to establish that the K1 applicant will not become a public charge, this is an issue that should be identified and resolved at the inception of the case rather than at the time of consular processing.

Failure to provide sufficient evidence and therefore establish that a K1 visa applicant will not become a public charge is a common grounds for denial of a K1 fiance visa. A qualified immigration attorney can assist you in ensuring that your application and supporting documentation meets this burden. If you would like assistance with your K1 fiance visa application please contact us today for your free case evaluation.