Income Requirements for K1 and K3 Affidavit of Support May Change

Update: Note that these income requirements apply to the Adjustment of Status process.  For the actual K1 or K3 interview using Form I-134 Affidavit of Support, you only need to show an income of 100% of the poverty level for your household size.

If H.R. 4321, Comprehensive Immigration Reform ASAP Act of 2009 passes unchanged, the income requirements for sponsoring a K1 fiance or K3 spouse would change from 125% of the poverty level to 100% of the poverty level. Here are the actual proposed changes.

Section 213A of the Immigration and Nationality Act, subsection (a)(1)(A):

Current: in which the sponsor agrees to provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal poverty line during the period in which the affidavit is enforceable;

Proposed: in which the sponsor agrees to provide support to maintain the sponsored alien at an annual income that is not less than 100 percent of the Federal poverty line during the period in which the affidavit is enforceable;

Section 213A of the Immigration and Nationality Act, subsection (f)(1)(E):

Current:  demonstrates (as provided in paragraph (6)) the means to maintain an annual income equal to at least 125 percent of the Federal poverty line.

Proposed:  demonstrates (as provided in paragraph (6)) the means to maintain an annual income equal to at least 100 percent of the Federal poverty line.

Section 213A of the Immigration and Nationality Act, subsection (f)(5)(A):

Current:  accepts joint and several liability with a petitioning sponsor under paragraph (2) or relative of an employment-based immigrant under paragraph (4) and who demonstrates (as provided under paragraph (6)) the means to maintain an annual income equal to at least 125 percent of the Federal poverty line;

Proposed:  accepts joint and several liability with a petitioning sponsor under paragraph (2) or relative of an employment-based immigrant under paragraph (4) and who demonstrates (as provided under paragraph (6)) the means to maintain an annual income equal to at least 100 percent of the Federal poverty line;



Disclaimer: The information herein is not intended as legal advice and is provided for general information only.Questions involving interpretation of specific U.S. laws should be addressed to an attorney and/or government officials.

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