Financial Requirements and Considerations for Spousal Visas

 Posted on December 13, 2024 in English

When a marriage or spousal visa is applied for, there are many requirements that must be met, not the least of which are financial requirements. All aspects of immigration are subject to change when the new administration takes office, so it is important to speak to an immigration attorney if there are any questions or concerns.  

A CR-1 spousal visa is a green card that allows a person from another country to live in the United States with his or her spouse, who is a U.S. citizen or permanent resident. A CR-1 is a conditional resident visa for those who have been married for less than two years. Two years after arriving in the U.S., the person with the CR-1 visa and his or her spouse must apply to remove the conditions from the green card. This means the person now has a 10-year permanent resident card.

An IR-1 visa is an immediate relative visa for those who have been married for two or more years. There are no conditions to be removed, so the holder of an IR-1 visa has 10 years before he or she must renew the permanent resident card.  The CR-1 visa is a common alternative to the K-3 visa.

As of November 2024, the average processing time for a CR-1 spousal visa is 12 months; the processing time for an IR-1 spousal visa is 17 months. Having an experienced Herndon, VA immigration attorney to guide you through the process often results in a much better outcome.   

What Are the Financial Requirements for a Spousal Visa?

The U.S. spouse must file a petition (I-130) on behalf of the non-U.S. spouse. This is to establish a qualified relationship. The U.S. spouse will also be required to demonstrate to USCIS that the marriage was made in good faith and is genuine rather than as an avenue to unlawfully secure a green card. The U.S. spouse must also submit Form I-864, Affidavit of Support, with supporting documentation. The federal government requires proof that the U.S. citizen spouse can financially support his or her spouse who is applying for a spousal visa without the necessity of government assistance.

The household income of the U.S. spouse must be at least 125 percent of the current poverty level and is based on the sponsoring spouse’s household size. The "household" includes the sponsoring spouse, his or her dependents, any other relatives living in the home, and the foreign spouse. As of 2024, a household of 2 (the petitioning spouse and the non-U.S. spouse) must meet or exceed 125 percent of the poverty level, which is $25,550. For a family of three, the amount is $32,275; for a family of four, the amount is $39,000; and for a family of five, the amount is $45,725.

Those numbers are higher in Hawaii and Alaska because the cost of living is significantly higher. Sponsor spouses who are on active duty in the U.S. armed forces have a lower threshold of 100 percent of the current poverty level. If the petitioning spouse cannot meet these income requirements, the shortfall can be made up by adding the cash value of assets like a savings account, real estate owned, or stocks and bonds.

The USCIS requires that these assets must be able to be converted into cash within a year. The cash value of assets must be three times the difference between the petitioning spouse’s actual income and the required income. When the petitioning spouse signs the affidavit of support, he or she is acknowledging the legal responsibility to provide financial support for the sponsored immigrant until he or she becomes a citizen of the United States or has worked for at least 40 quarters.

Contact a Fairfax County, VA Immigration Attorney

If you and your spouse require a spousal visa, it is important to involve a Herndon, VA immigration attorney in the process. Immigration Legal Advisors, PLLC is a supportive, full-service law firm with more than twenty years of immigration experience. Call 571-441-2233 to schedule a free consultation. We speak English and Spanish.