Swiss

Hi Everyone,

I need help with the Affidavit of Support issue. I am applying for
visa for my Fiance, and my concern is thats i have been student past 3
years. i did not fiel any tax return in 2001 as i didnt work at all.
in 2002 and 2003 i filed tax returns but i only worked 2 months a year
each year...which is basically very minimum. currently i am graduated
from college and have a job paying me well above the poverty level
income. I can get a letter from my employer stating the salary of this
year, but regardign teh past 3 year tax returns. i only got 2 years
return and taht too very minimal....
Considering my current income is good... do i still need a co-sponsor
for affidavit of support? i cant have this years tax return as i wont
file it till december but my fiance is gonna need affidavit of support
in next 2 months...
Any suggestions will be greatly appreciated...

Thanks!

AshB

Since your current income is more than poverty level you will not need a co-sponsor. For last 3 year's tax returns, submit the 2 you have filed, for the third year which you didn't file write a explanatory note stating 'that your income was below minimum filing requirement'. Mention the income you had. They do accept that since legaly you were not required to file for that year.
More emphasis is on current job and current income. So U should be OK.

MarDae

In addition to this you might see about calling the IRS and requesting a letter from them stating that you did not make enough to be required to file for that particular year. I have a friend that did that and then sent her a letter stating as much. It at least shows that you would have sent all three years of tax returns if they had been available.

Good Luck!

MarDae

Mark Fletcher

Hi regarding the letter composed by the sponsors employer, is this just addressed to the immigration office at the consulate where the visa is issued?

Thanks,

Mark

AshB

No. The letter MUST be on the employer's stationary (with business name address, Tel # etc). The content shall be- To whom it may concern this is to state that so & so is employed here as (name of job description) since date.. , and his current salary is 'so much' annualy. If you need further info. do not hesitate to contact etc. Should be signed by HR department rep or any authotiry of the company. Ask 2-3 original copies for you to keep.

Bluegrass Lass

Just wondering where you are coming by this information? Are you making this statement in regards to the I-134 or the I-864? If you are making this in regards to the I-134, then yes, this most likely is the case - especially for London. They most likely only look at the current years' salary to make sure the petitioner makes enough and approve the beneficiary without much hassle.

However, if you are making this statement about the I-864 which has to be filed with the I-485, then I don't believe your statement is entirely accurate. For the I-864, from what I've read, they can be very strict about making sure you did make above the poverty limits for the past 3 years. The I-864 requires the past 3 years tax returns, whereas the I-134 only requires 3 years of petitioners that are self-employed (otherwise it's only 1 year from what I remember).

Why would they require 3 years unless they are looking for consistency and stability with the petitioner? Since I'm a recent graduate, I face this same issue. I'm not trying to scare the original poster, but felt it necessary to say that they should be prepared for the possibility of needing a cosponsor - especially when it comes time to file for Adj. of Status.

Swiss

Hi Everyone,

I need help with the Affidavit of Support issue. I am applying for
visa for my Fiance, and my concern is thats i have been student past 3
years. i did not fiel any tax return in 2001 as i didnt work at all.
in 2002 and 2003 i filed tax returns but i only worked 2 months a year
each year...which is basically very minimum. currently i am graduated
from college and have a job paying me well above the poverty level
income. I can get a letter from my employer stating the salary of this
year, but regardign teh past 3 year tax returns. i only got 2 years
return and taht too very minimal....
Considering my current income is good... do i still need a co-sponsor
for affidavit of support? i cant have this years tax return as i wont
file it till december but my fiance is gonna need affidavit of support
in next 2 months...
Any suggestions will be greatly appreciated...

Thanks!

21stcenturylove

I would think that a co-sponsor by either of your parents or your fiance(e) parents would be very useful in not only strengthening the financial part of the application but also go a long way in proving your relationship (as it is being supported by the parents).

Folinskyinla

Hi:

You are conflating the three years of tax returns with the ability to support which will be required for the I-864 when the time comes. Some consulates want the I-134 document as if it was an I-864. You do NOT have to show three years of income at the required level -- you DO have to show CURRENT income above required support level.

However, based upon your descirption, you will be fine -- been there done that.

meauxna

Thankfully, MrF re-posted about this today:
"Hi:

You are conflating the three years of tax returns with the ability to support which will be required for the I-864 when the time comes. Some consulates want the I-134 document as if it was an I-864. You do NOT have to show three years of income at the required level -- you DO have to show CURRENT income above required support level.

However, based upon your descirption, you will be fine -- been there done that."
http://britishexpats.com/forum/showt...hreadid=239173

I realize he's talking about the I-134 in this post, but the same holds true for the I-864. You can look up other posts from him with the word 'conflate' (one of my favs for some weird reason!)

Ranjini

Nice word!! I like it too (probably for the same wierd reason )

jeffreyhy

Ash,

Funny, the letter my employer provided was not addressed to "To whom it may concern". It was addressed to the Immigrant Visa Unit at the consulate, and the IVU was quite satisfied with it.

My employer's letterhead also does not contain an address or telephone number - only the corporate name. This deficiency was not a problem either.

Regards, JEff

AshB

By stating the above, I meant: 'To whom .. ' is not a must, you can address to the particular officer if you know and your company does not mind writing a letter to them. Also if your company can give on their letterhead with address etc. it will be better, just in case. My company first gave me on a sheet with company name only. I asked if they can give another one with address etc because I was Fedexing that to my country and I didin't want any ambuguity at that stage, you know how Consular officers are.

jeffreyhy

Ash,

Thanks for the clarification.

For some reason, when I read your words "The letter MUST ..." I thought that you meant that what followed was, well, a must.

Regards, JEff

Swiss

    > Hi:
    >
    > You are
    > conflating the three years of tax returns with the ability to support
    > which will be required for the I-864 when the time comes. Some
    > consulates want the I-134 document as if it was an I-864. You do NOT
    > have to show three years of income at the required level -- you DO have
    > to show CURRENT income above required support level.
    >
    > However, based
    > upon your descirption, you will be fine -- been there done that.

Thanks a lot :-) so i don't need a co-sponsor...!
It a great relief!!!