Integrity Legal - Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand Back to
Integrity Legal

Legal Services & Resources 

Up to date legal information pertaining to Thai, American, & International Law.

Contact us: +66 2-266 3698

info@integrity-legal.com

ResourcesVisa & Immigration LawUS Immigration LawK-3, CR-1, And IR-1 Visas: Affidavits Of Support?

K-3, CR-1, And IR-1 Visas: Affidavits Of Support?

Transcript of the above:

As the title of this video suggests, we are discussing K-3, CR-1 and IR-1 Visas and specifically we are discussing the issue of Affidavits of Support. As I'll get to here in a moment, I have got an article from the Pattaya Mail but just for some reference, this is one of the perfect examples of where you can kind of get some insight into one legal system, well one Immigration System I should say, by looking at what another Immigration System is doing and sort of using the refractory knowledge of one system comparatively to understand better the other system. So what are we talking about here? 

I thought of making this video after reading a recent article from the Pattaya Mail, that's pattayamail.com, the article is titled: Pattaya Brits join the campaign against new British Visa regulations. Quoting directly: "A group of Brits currently in Pattaya have written to UK premier Rishi Sunak to complain about the latest family Visa rule changes which require a sponsor to have 38,700 pounds in salary or pensions before a spouse, or family member, can be considered for entry to Britain. The current floor level is 18,600 pounds with the changes due to be introduced early next year. However British Government Ministers have in recent days talked of 'transitional arrangements' which likely mean the huge increase will apply only to new applications and not to those already in UK who need to apply for an extension on their initial time allowance of 30 months." 

So as we discussed in another video made contemporaneously with this one where we discussed Fiancée Visas directly, we are talking about the I-864 Affidavit of Support all the time when we are talking about Immigrant Spouse Visas. With regard to the K-3, let's be honest, the K-3 it is still a Visa category. I don't hardly see any of them actively being processed due to what is called the Doctrine of Administrative Closure that occurs at the National Visa Center; we have done a number of videos on that in the past. I'm not going to wade into that too much. But long story short for purposes of this video, I am going to be talking about the Immigrant Spouse Visa so we are going to be talking about the I-864 Affidavit of Support. This Affidavit is what is utilized by those who are looking to sponsor a foreign spouse to come to the United States. There are certain thresholds associated with that Affidavit insofar as you need to show a certain minimal level of income or finances in order to be approved or in order to see an Immigrant Visa approved based on the Affidavit of Support. As we have discussed in other videos, for the vast majority of cases, that threshold you have to hit is 125% of the Federal Poverty Guidelines. As we have discussed in a video I made contemporaneously with this one, US Service Personnel are treated differently; I urge those who are in the Service possibly watching this video, go check out that video in detail. Just basically google Affidavit of Support: US service personnel, I've got a few videos that I made over the years talking about this but yeah they have a different threshold. For the vast majority of people yeah it's going to be 125% of the Federal Poverty Guidelines. 

Again, looking at this comparatively to what the British system appears to be from this article and again I urge those who are watching this video, go check out that article in detail, but they seem to have set a monetary amount, whereas in the United States system they have set a percentage of the Federal Poverty Guidelines that you have to hit so it is going to change over time. Over the years as the economy you know waxes and wanes, that percentage in real terms of actual money is going to go up and down. Now it has been my experience it tends to go up because inflation is what it is. But long story short, it is different than the way that the British appear to do it where they sort of set a money amount and then years later they may change that. With the system in the United States, especially with regard to Immigrant Spouse Visas, you are looking at an Affidavit of Support where you need to show minimum income or sort of financial standing if you will that basically equates to 125% of the Federal Poverty Guidelines in the United States.