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K3 visa & affadavit of support Q

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  • K3 visa & affadavit of support Q

    Im a USC, who filed K3 for Indian spouse, we are currently awaiting the interview @ Mumbai. My 2002 income was somewhat low with 2 dependents I only worked 6 months in 2002 (no real assets). 2003 income is fine, also 1 of my children turned 18, and is no longer a dependent. My spouse has a MA in law, BA in comp science, BA in philosphy, so my Q is will the consulate take into consideration my spouse's earning potential when he comes to USA or will they be strict by the book that my 2002 income was too low? I'm really concerned on this point.

  • #2
    Im a USC, who filed K3 for Indian spouse, we are currently awaiting the interview @ Mumbai. My 2002 income was somewhat low with 2 dependents I only worked 6 months in 2002 (no real assets). 2003 income is fine, also 1 of my children turned 18, and is no longer a dependent. My spouse has a MA in law, BA in comp science, BA in philosphy, so my Q is will the consulate take into consideration my spouse's earning potential when he comes to USA or will they be strict by the book that my 2002 income was too low? I'm really concerned on this point.

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    • #3
      Julie, I'm not certain about your tax returns - just in case I would line up a co-sponsor, however, I do not believe they will take your spouse's "potential" as evidence - there are too many variables; 1) do his degrees transfer to the US? 2) will be be able to find work, 3) if he is "able" to find work - will he. The government does not operate on emotions or probables, but facts. The sponsoring person needs to prove they can support the person immigrating so the burden is yours - unless he is here working already. Good luck

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      • #4
        Julie,
        The whole main purpose of the Affidavit of Support is solely for the purpose of making sure that your spouse will not be of public charge. Meaning he will not be a burden to the Government. Everybody has a potential income. However the only thing that is valid and accepted is the current income. If your 2003 shows the you meet the poverty guideline then you should not worry. You can research the poverty guideline by the DOJ on their site. You may have earned very little in 2002 but if you can provide documents that shows that you have enough income(above the poverty guideline) then all will be accepted. If its in the border then I suggest that you come up with a co-sponsor.

        Good luck

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