Do I need a job to file for a K-1 visa?
Having a job or income isn’t required at any point during the K-1 visa process. But you must still be able to pay all fees and find a joint sponsor for the I-134 Affidavit of Support.
Not meeting financial requirements is one of the leading causes of K-1 visa denial at the interview. No kidding. It’s one of the top reasons people are turned away. And it’s partly because people are confused about income / job requirements.
Here are some of our typical confusions:
- ○ Do you send an I-134 Affidavit of Support with your I-129F packet?
- ○ Do you need to have a job/income to submit your I-129F petition?
- ○ What happens if you’re suddenly fired (hired, quit or retire) before the K-1 visa interview?
Confused petitioners stress out and fear they’re going to get denied. And end up making bad decisions. For example, some people wait months before filing the I-129F believing they need to have a job first (you don’t have to). Meanwhile they could’ve saved precious time and filed already.
My own example: when I graduated college and began working full-time in July, it was only half the year. That meant my tax returns only showed half the income. That got me worried about meeting requirements for my I-134. However, I did some research and found out what to do to avoid a denial. But, you can imagine my anxiety in the meantime.
So, let’s talk about income / job requirements in the K-1 visa process so you don’t make bad decisions either. And If you’re technical like me and curious to know where this law comes from, you can check here: Public Charge (INA 212(a)(4)).
By the way, before we go further, let’s quickly define job / income: it’s any source of legal income such as employment, social security, stocks / dividends, royalties, assets, etc.
Alright, now let me break down the major points here:
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You don’t need to have/maintain a job during your fiance K-1 visa process
Here’s the golden rule: You don’t need to have a job / income at all during the entire K-1 visa process. As long as you can pay the fees and use a joint sponsor, you’re all set.
Picture this: you’re a college student working part-time (or not at all) and want to sponsor your foreign fiance for a K-1 visa. Do you have to graduate and find a full-time job before filing? Meaning, are you stuck waiting until you start working and make minimum income? Or can you file the I-129F now and figure it out later?
Now, picture this: what if you’re already working full-time but switch jobs (or get fired) during your fiance visa process. Is this a problem? What will they ask at the interview? and what do you do?
Finally, imagine that you start the I-129F without a job, but now you land a job / income — what do you do now? Do you have to tell them anything?
Should I wait to find a job, then file my fiance’s I-129F?
If you’re unemployed, should you wait to land a job before you file the I-129F?
That’s not necessary; but it’s up to you. Keep in mind, as long as you can pay the fee, that’s all that matters at this point. They only look at your financials during the K-1 visa interview several months later. So, you have time to think of a solution.
► Example: You don’t make the minimum income requirements before submitting the I-129F. However, you’ll find a full-time (or higher-paying) job soon. Should you wait to file to improve your chances of approval?
Well, no. You can file the I-129F to get the process going. And between now and until your interview (several months later), you land a job that meets minimum poverty limits (I-864p) just like how I did. Otherwise, you have the option to use a joint sponsor (like a parent/relative) for the K-1 visa interview.
And NO, having a job while filing the I-129F doesn’t improve your chances of approval (but it does matter for the K-1 visa interview).
And, don’t make the mistake of submitting the I-134 now, either. It’s simply NOT required in your I-129F paperwork. In fact, nothing about financials is asked for. Unless there’s a rare chance the USCIS asks you about it with an RFE (rare).
Do I need to have a job before the K-1 visa interview?
The US Embassy’s instructions say your fiance must bring an I-134 Affidavit of Support to prove he/she will be taken care of financially in the US.
Here’s a bunch of scenarios that a lot of people are in:
- ► Example: if you haven’t graduated or you’re still looking for a job, how can you comply with income requirements? (answer: use a joint sponsor or show other income – such as dividends, social security, assets, royalties, etc.)
- ► Example: let’s say you graduate and find a job, can you become the primary sponsor even though you weren’t working when you filed the I-129F? (answer: yes, fill out the I-134 with your latest job / income information)
- ► Example: What if you’re already working but find a better-paying job, can you become the primary sponsor instead of relying on a joint sponsor? (answer: yes, again, fill out the I-134 with your latest job / income information)
YOU, yourself, don’t need to have a job or income for the K-1 interview. An eligible joint sponsor can usually replace you and show income support with the I-134 (granted it meets minimum poverty limits).
What if I get fired, retire, or switch jobs during the K-1 visa process?
For any big event — like getting fired, switching jobs or even retiring — you don’t immediately have to inform the USCIS or US Embassy about it. Here’s a look at what you need to do and the different stages of your K-1 visa process.
- ► Before you file the I-129F petition. Any job event like firing, retirement, or switching, doesn’t need to be disclosed. You only inform the USCIS about your current employment situation in the I-129F forms — whether you’re employed or unemployed.
Again, they’re not asking for proof of income/job at this point. They simply want to know your current employment situation.
- ► After you file the I-129F petition. Any job event after you submit your I-129F doesn’t need to be immediately given to the USCIS or US Embassy.
The only real step you take is to update your information when the time comes to file the DS-160 form online. Then, you collect your financial proof for the I-134 in preparation for the k-1 interview.
Remember that because you have a job event, some of your older documents (like tax returns, etc.) won’t accurately reflect your new employment status. That’s why you should bring an employment verification letter along with the I-134 Affidavit of Support.
If all else fails, you always have the option of using a joint sponsor.
Should I use a joint sponsor even if I make enough?
You should try to be the primary sponsor yourself and avoid potential issues with using a joint sponsor. Embassy Officers like to see US petitioners taking on the responsibility.
If you make close to minimum, I advise having a joint sponsor as a backup. In other words, if you make just enough to match the 125% limits of the I-864p, you should consider having a joint sponsor in case the Officer isn’t satisfied with your income.
Most of the time joint sponsors are acceptable for the I-134. Sometimes you can have problems:
- ► Joint sponsors may not be allowed. Some Embassies don’t allow joint sponsors or it may be on a case-by-case basis. So, you may be stuck and have to be the primary and figure out how to comply.
- ► Joint sponsors may be rejected. Interestingly, US Embassy officers can reject eligible joint sponsors if they feel that the sponsor won’t fulfill the responsibility of financially supporting the K-1 beneficiary.
It based on how convinced the Consular Officer is with the relationship between the joint sponsor and your fiance. Is it a close relation or just a “friend”? Is the sponsor likely to uphold his/her end of the deal?
Does my K-1 visa beneficiary need a job?
There’s no requirement for your fiance to have a job, income, bank balance or even an education for that matter. As long as he/she meets all k-1 visa eligibilities (no immigration violations, no listed criminal history, etc), that’s enough.
But, if you fiance is working, then there’s a chance you may be able to use his/her income as part of your I-134 if you’re having trouble meeting requirements yourself. However, that’s on a case-by-case basis.
And not everyone is allowed to use their foreign fiance’s job/income as a source. The rule is that the income source must stay the same after moving to the US in order for the beneficiary’s job to be considered.
As a general rule of thumb: use your beneficiary’s job/income/bank balance as a last resort because you never know if it’ll be approved by the Embassy.
I hope that clarifies confusion regarding having a job/income for the K-1 visa process. Remember, having a job/income is not required as long as you can pay the visa fees and find a joint sponsor willing/able to help.
Have questions about job/income requirements during the K-1 visa process? Let’s talk about it below…
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Hi Prem,
I understand from reading your website that it is not a good idea for my fiancé to attempt visiting the US during the K1 visa process. I am just about to send my I-129F packet out. I just want to make sure before doing so that it would still be okay for me to visit him in his country (England), as I have already purchased flights for October 2018. Is there a possibility that I may be turned away in England due to the pending K1? I should note that I do have a full time & per diem job & own a home in the US.
We visit each other about every 3 months or so I don’t know if we could bare being apart the entire time the K1 is pending, especially if it could take up to 7-9 mos. Also can we meet up in different, neutral countries? TIA for your advice! This website has been incredible resource for us!
Hello Tanya,
The US petitioner isn’t restricted in any way from visiting your fiance’s country. In fact, it’s a benefit to visit each other as it helps your bona fide relationship evidence. So, feel free to visit him (assuming you’re following UK immigration rules, of course). Your I-129F submission has no affect on your entry into the UK. These are two separate things.
You’re also allowed to visit each other in a different country. More visitations = generally better for your case. Glad to help, and if you like the website, please help spread the word on social media
-Prem
How much money is needed to be used as assets in case that the petitioner lose their job during fiancee visa interview. I’m afraid that my company is closing locations and I might lose my job. I have about saving account, stocks and I have half equity of my financed house. How much money is enough to sponsor my fiancee without using a co-sponsor?
Also what is the co-sponsor liability in I-134 and the co-sponsor liability in I-864 form
Thank you so much in advance for the information you provide here
Hello Dave,
You can use assets to make up the difference. Generally the value is 1/5 of net value. You can read about it here https://www.visatutor.com/k-1-fiancee-visa-affidavit-support-form-134/
If you decide to go with a joint sponsor, the requirements are still the same. The joint sponsor must be able to provide the 100% of poverty limits during the K visa interview.
-Prem
Hi Prem,
This website is wonderful. I’ve filled out my I-129 using using your tutorial video and it was incredibly helpful!
Here’s my worry: I will start working soon, but my job’s start date is pending an initial background check. My income will be significantly over the poverty line cutoff, but I’m not sure I will start working in time to make that amount during this fiscal year. My fiance is Moroccan, and we have a friend who did a K-1 last year. She said that they required tax returns showing income above the poverty line and wouldn’t accept pay stubs and a letter from her employer, so they had to use a sponsor. I have no option for a sponsor. Do you know about embassies requiring tax returns showing over $18,000 income in the previous year, even if one’s job makes quite a bit above that amount?
This is a huge stressor for me, and I’m not sure what I can do but pray my job starts soon.
Hey Becky,
I’m glad to hear that this website has made your journey easier. I have to admit the I-134 is an untamed animal. Regardless of the instructions and what “typically” happens, the officers are always in charge of reviewing your financial paperwork and making a decision based on that. Technically, none of these things (bank statements, paystubs, etc.) are required. The real requirement is that you convince the officers that you’re financially sound to take care of the beneficiary. Up to the officer’s discretion is whether or not that means you have to show them tax returns. I can’t say for sure if the same will happen to you case as your friend has experienced. But the best you can do is to have all these documents ready when the time comes. Every case is unique. If you’re confident you’ll have above the poverty limits to show during the interview, then it may be a non-issue. However, if you won’t be above the limits, then you’ll have to supplement your case with additional proof.
-Prem
Hi,
My fiancé doesn’t have a job as such but earns a living through rental income from real estate that he owns. He earns above the poverty limit. Would this be suitable for the I-134?
His assets are also above the earnings thresholds although the building he owns is a multi unit building and he lives in one of the units within the buildings. Would he be able to put this down as assets?
Thanks,
Lyn
Hello Lyn,
Yes, having rental income is disclosed on your fiance’s tax returns. I’m assuming he claims all the rental income. In which case, it’ll be listed as his income. You may use that for your I-134 AOS. If he owns the building, then it would also be listed as an asset. Although most of this information is a guess unless we see his actual tax returns and figure it out. But from the sound of it, he should be able to petition you for the K visa.
-Prem
Okay so I am needing some guidance here. I don’t see that this is a problem, but wanting to add ease of mind.
I have a simliar question but different at the same time. Evidence of support for the I-134 form require bank accounts, etc.
Let me say up front that my salary alone can support my fiance.
I have a bank account that has my money in it, but it’s been under my father’s account name for over 11 years. I was going to pull it out soon and move it to another account but never did. When I go to get the statements for the previous year it just has my father’s name on the statement’s and just my account nick name next to my account. I recently moved my funds to another account which shows my name on it. However, I have no previous year transactions because I moved it. What steps should I potentially take to avoid interview issues for my fiance IF this will even be a problem, because again my salary alone can support her. If this is confusing, let me know and I will try to explain further.
Hey Celeb,
As far as the Embassy officers are concerned, if the bank statement has your father’s name on it, then they will take that as his bank account; not yours. Secondly, officers are on the lookout for bank accounts that “suddenly” get a large deposit in it — even if it’s your own, it’s going to take a bit of convincing to show them that it’s your money and that you’re not just trying to make your financials “look better”. So, if I were you, I would avoid this mess altogether otherwise you might lose credibility in front of them.
Secondly, if your tax returns and current job are enough to sponsor your fiance, then you won’t need to worry about the bank statements, as that’s a secondary support evidence. If your tax returns didn’t show enough income then the officers would try to look at secondary evidence to make a decision — such as a bank statement. I think you’ll be fine.
-Prem
Hi Prem!
I have already filed our I-129 petition, and am preparing for my fiance’s interview in London. When I filed the I-129 I met the income requirements for the I-134 Affidavit of Support (that I’m now getting ready to submit), but I recently moved and am currently unemployed and looking for work. I have a joint sponsor lined up, my aunt.
My question is– do I need to also fill out the AOS and submit my own financial information (that is not sufficient for the AOS since unemployed) even though I will have an AOS from my aunt?
Thanks for your help 🙂 Your site has been extremely helpful and supportive during this process. It’s always great to know we’re not alone in this crazy process!
Hey Kasey,
That’s a great question. The answer is that it actually depends on the Embassy that you’re going to. Most US Embassies require the US Petitioner to file the I-134 even if you’re using a joint sponsor. That’s because you, the US petitioner, are always considered the primary sponsor — whether or not you use a joint sponsor. So, check your US Embassy instructions. However, to be safe, I would say that you include your own I-134 and supporting documents (as much as possible) if your US Embassy instructions don’t specifically say so. Would you agree?
-Prem
My situation is I just graduated from school May of 2017. I got divorced September 2017(was separated for a long while) and fell in love. But I’m still not working and my last years tax return will be my ex husbands Income! I’ve not worked in 12 years! So what do I do? Is this 100% sponsor? I don’t know anyone that would do that for me. Help!
Hi Sunshine,
If you filed jointly with your ex-, and don’t have a current source of income, you have two options
(1) find a job that meets minimum requirements before he goes for the interview
(2) joint sponsor, use assets, or other sources of income
Do you think you can manage one of these?
-Prem