During K3 and K1 visa Thailand applications, US petitioners are obliged to provide an affidavit of support which guarantees the US government that they shall shoulder all of their spouseís expenses and accommodation. Usually, they need to have an income that is 100% above of the countryís poverty line. Because of this requirement, some applicants are having doubts if they should pursue this application or not. Afraid that they might be denied, many opt to apply for a non-immigrant visa and overstayónot knowing that this could further prevent them from staying permanently in the United States.

How do applicants meet this condition? What can they do if their petitionerís income is insufficient?

Ways to meet the requirement:

The 100% above poverty line requirement is determined by the number of household members. Basically, for a family member of two (2), the US petitioner must have an income of at least $14,710. Yet this amount applies only to the 48 contiguous states in the US. A different amount is required for those who are living in Alaska and Hawaii. Since K1 and K3 have derivatives which permit the applicants to bring their dependents, expect the financial requirement to increase.

However, if the sponsor is having difficulty in satisfying this condition, he can disclose all the properties that he possesses. He must carefully assess the value of each property, obtain relevant documents that would attest to it and include it in the application. Sponsors may also present their businesses if they have one. But here, they must prove that the business exists and generates a considerable amount of income and revenue. If they have stocks shares, they may also present it.

Meanwhile, if the petitioner still cannot meet the requirement, his relatives may offer assistance. They can pitch in their assets and properties and even income for that matter. But they must be identified as the sponsorís dependent for the last six (6) months.

Clarifying the confusion

A lot of people are confused on whether they should follow the 100% poverty line or the 125%. Some argue that the 100% only applies to soldiers or military members. Of course, this is a misunderstanding. The 100% condition is observed since K1 and K3 applicants are using Form I-134. The 125% requirement will only apply to those who will be using Form I-864.

This article was provided by Siam Legal, an international law firm with offices in Bangkok, Chiang Mai, Hua Hin, Pattaya, Phuket, and Samui. Siam Legal publishes legal guides to obtaining a K1 fiancee visa Thailand on its website.

Siam Legal International
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