ukmancoll

Hi guys,

I have had some really helpful advice on here regarding all my questions of the affadivit of support, and tax returns.

I have gathered all documents now to send to the London Embassy, and I am going to do all the forms on the weekend and get them off. Believe it or not (and I HATE to tempt fate!) we are about a month ahead of schedule right now. Who could of thought that would be the case coming out of Nebraska....

Anyway!

I am reading through these forms, regarding the affadivit of support and it keeps saying only if you are self employed, do you need tax returns..

Now, I know people keep saying to be safe than sorry - but I am just confused here. It definetly DOES NOT say we need to supply tax returns if Shannon is in full time employment, and not self employed.

Here is my reasoning: She was in college for four years, only graduating last year. Since then, she has had a good job earning over the poverty level. So, the bank statements, letter from the employer, etc, is no problem. She has never been paid anything before, so those tax returns (which she would have to get because she doesn't have them) would not give any real indication on anything.

PLUS - if I didn't know about this forum, I would just follow the instructions on the form, which say I don't need to supply tax returns...

I am going to give myself the weekend, and then make a decision. Right now, I am just thinking forget the tax returns and just follow the form. If there is a problem, I can just show them the form and say "look! It says here that its only for self employed!"

Any thoughts you lovely knowledgable people?

)

1Duckie

Good luck.. although it may say you do not need the tax returns, I do not know of anyone that was not asked for them at interview.. but then I have only been monitoring this forum for a few months. Any thoughts anyone else.

Rete

I'm to lazy to do the search but someone once inputted the list of items requested by the US Consulate in London. On that list was "tax returns". Yes, they are not needed for the I-134 but they were needed for the interview at the US Consulate in London. Go figure.

USA & Pakistan

Do you have the instruction sheet from the embassy yet telling you what to bring to the interview? It is usually on there that you see the requirement for the tax returns. For ours it only ask for 1 year of tax returns, but i have read on here that London requires 3 years. You might also want to call the embassy and just ask them.

Rather than including none, i would at least include the most recent one, even if it is under the limit with a statement of explanation.

Good Luck!
Marnee

jeffreyhy

ukman,

My sense is that you are reading the I-134 form, which does indeed say that copies of tax returns are required to accompany the form to document the income of a self-employed person.

Recognize that the I-134 is not the document that sets out the financial responsibility requirements for a K visa. There is a different document that does this, State Department document DS-2000 (aka OF-167) entitled EVIDENCE WHICH MAY BE PRESENTED TO MEET THE PUBLIC CHARGE PROVISIONS OF THE LAW.

I-134 is one piece of evidence mentioned in DS-2000. It is not the only piece of evidence. Tax returns are another piece of evidence that may be required.

Regards, JEff

carpdiem

I was actually in somewhat same situation, was recently graduated, had a new job. The only tax return I had for previous year was from a part-time job I did for two months while still being in college full-time.
I still included it, with a letter of explanation that I was a full-time college student and my current job letter.
My fiance was asked during the interview that income on tax return is way below the poverty guidelines and he would need to submit another affidavit of support with higher income tax return. However my fiance pointed to the letter of explanation and job letter at that time, the officer took a look at it again and said. "Oh yes, you are right. Thanks for correction"
and we were fine.

Sanna

ukmancoll

Here is a list of things that my letter: "Additional Instructions For Obtaining A Nonimmigrant Visa To Marry And Reside In The United States" says I need:

- Passport
- Birth Certificate
- Adoption Certificate
- Deed Poll
- Marriage Certificate
- Divorce Decree/Death Certificate
- Police Certicate
- Court record
- Military Record
- Three Colour Photographs
- Evidence of Support
- Translations

Thats it, nothing else. On the sheet giving information on the Evidence of Support it says the same as the forms on the USCIS website:

"Supporting Evidence:

A)....
B)....
C) If self employed:
1 - copy of last income tax return filed, or
2 - report of commercial rating concern"

Thats it.

No where else does it say about need tax returns. I have looked all over. Am I missing something here? A phone call to the embassy is in order I think....

ukmancoll

Ok, thanks JEff. I understand what you are saying, but at what point do I receive form DS-2000? Because I certainly don't have that now.

Also, in Sanna's case, it was proved that the tax return was a useless, waste of time. Once her fiance pointed out that she had a letter from her current employer, it was ok.

If I am to receive another form (DS-2000) between now and the interview, detailing that we need to bring tax returns, then of course I will take them. I just assumed that the whole point of this current set of forms was to make sure I had everything assembled for the interview when it came.

Noorah101

I didn't go through London, but just to share my experience...Ankara Turkey required 3 years of tax returns (2001, 2002, and 2003). That was at the embassy's request. The way Ankara works is that we had to turn everything in ahead of time in order to get the interview date, which we did. I had photocopied all 3 years of tax returns and turned them in. When my fiance got his interview appointment letter, among the things listed for him to bring was "the missing W-2 from your fiancee's 2002 tax return".

So in our case, not only did they require 3 years of returns, but they did look at every year of them enough to notice something was missing!

Best Wishes,
Rene

carpdiem

Just not to give you a wrong idea, I still think attaching the tax returns even if they are well below the poverty guidelines with a letter of explanation is a pretty safe thing to do! rather than not having them at all. But if your fiance didn't file tax returns at all, then its another story....

Good Luck!

Sanna

jeffreyhy

ukman,

I don't know if you will be given a DS-2000 by the consulate in London. The point I was making is that the I-134 instructions do not set out the requirements for a visa, it only sets out the requirements for itself, the consulates may - and typically do - require more.

What the consulate in London requires I don't know, so hopefully someone who has experience with London will chime in. By all means, contact the consulate directly for clarification.

Regards, JEff

USA & Pakistan

If you dont include them, i would at least submit some explanation about her being a student prior to her current job.

But you do realize that she will for sure need to present 3 years of tax returns (or an explanation as to why she was not legally obligated to file them) with the I-864 later, right?

Marnee

SecretGarden

Hi there,
Well, we sure do have experience for London! And Matt, you know what I am about to say.......

Mr. Pink was indeed asked for copies of my last three years' tax returns. I KNOW it doesn't say it's mandatory, I KNOW the directions are a bit ambiguous, but I also KNOW what he was asked for, and I know that if he didn't produce it that day, his visa would not have been approved until he brought in the missing information.

I also sent him my original W-2 forms (those are the forms that you get from your employer in the US, which categorically lists your income, taxes you paid, etc. etc.) which are used to file the tax returns. Notice, I said "originals" meaning not just photocopies. They were also asked for. I also sent him original paycheck stubs for the prior six months, and they were also asked for. All of this was returned to him, but the officer did want to see it.

I might also add that I wasn't anywhere close to the cut off for the poverty line, and I was in fulltime employment.

My advice, then (hopefully) I can find it within myself to vacate from this thread before Jason starts on with "just bring 1000 pounds, that's all you need!".........get the tax returns. If she doesn't have the returns, have her call the IRS number and order tax transcripts for the past three years on the phone. It is free and they arrive within about a week.

One question. Matt, why are *YOU* filling out the form? She has to fill out the form and sign it in front of a notary. Then she sends it to you with her original signature. Please tell me I've missed something. And please, just know that I have your best interest at heart. If you have so much time before the interview, why not go in as prepared as other people have been asked to be?

~SecretGarden

P.S. on re-read of your original post on this thread, it appears that she has only filed taxes once in the past three years, is that right? If so, you'd better take the return for this latest year. If she's not filed at all, then why the question? Sorry, I really am trying to be of help to you.

ukmancoll

Hi SecretGarden,

hey - I really appreciate your help and I know you have my best interests at heart. Its all cool.

I am not filling out the form, she is. I am just doing the research on it as she is a lot busier than me right now, and I am pretty busy!

Also, I am not sure exactly what taxes she has filed - I don't think any? She has been at college and not working. Do you usually file taxes when you are at college?

Anyway, the main point is that I will know get these tax returns from her. Better to be safe than sorry huh?

I am still confused about this whole DS-2000 form. And how can they justify asking for the tax returns when they tell you NOTHING about needing them?? If I didn't know about this forum (as my fiance keeps telling me), we would never know about it....

cindyabs

For the 864 and the subsequent Immigrant visa with an approved 130 they require 'em.