The Fiancee Visa Affidavit of Support

May 30, 2013 in Attorney Blog

Visa Affidavit SupportAs part of the fiancee visa process the American petitioner must execute an affidavit of support (form I-134) promising to support the fiancee visa beneficiary once she enters the United States.

For American fiancee visa petitioners who are employed the process of submitting the I-134 is very simple: They simply need to provide a tax return, a W-2 and a letter from their employer confirming their salary or wages and terms of employment.

For self employed fiancee visa petitioners the I-134 can loom as a major hurdle because self employed individuals sometimes have trouble documenting their income. First of all self employed individuals naturally take every deduction available to them which has the effect of making their taxable income artificially low. Second self employed fiancee visa petitioners do not have a W-2.

To successfully execute an affidavit of support the petitioner must establish that he has sufficient ongoing income. The 2012 income guidelines are as follows:

Sponsors Household Size

Income Requirements (125% of Poverty Guidelines)

2

$18,912

3

$23,862

4

$28,812

5

$33,762

6

$38,712

7

$43,662

 

To establish their income for I-134 affidavit of support purposes the self employed petitioner must provide the following documentation:

A. Tax return

B. Quarterly tax filing

C. Profit and loss statement

D. Bank Statements and/or a letter from an officer of their bank confirming their record of deposits

I have never had a problem documenting my self employed client’s income. The key is to provide ample evidence of the ongoing income. In cases where the self employed fiancee visa petitioner cannot document sufficient income I have successfully used evidence of his assets to satisfy the affidavit of support.