Mark Hopkins

Hi all,

I'm pretty new to this group, but I've been reading up. I'm the USC;
I've been living in China for several years and have had no income.
Reading the K-1 FAQ, and checking with other sources, it looks like I
will need to file a I-134 to sponsor my fiancee. With this form, BCIS
wants 3 years of tax returns.

I figure I can file tax returns retroactively for the last 3 years, but
with no income, will my sponsorship be OK? I have a job now -- not a
great one, but I earn over 125% of the poverty line. Do I have to wait
until I've had the job 3 years?

Appreciate all help,
--
Mark Hopkins

Mrtravel

Mark Hopkins wrote:

    > Hi all,
    >
    > I'm pretty new to this group, but I've been reading up. I'm the USC;
    > I've been living in China for several years and have had no income.
    > Reading the K-1 FAQ, and checking with other sources, it looks like I
    > will need to file a I-134 to sponsor my fiancee. With this form, BCIS
    > wants 3 years of tax returns.
    >
    > I figure I can file tax returns retroactively for the last 3 years, but
    > with no income, will my sponsorship be OK? I have a job now -- not a
    > great one, but I earn over 125% of the poverty line. Do I have to wait
    > until I've had the job 3 years?
    >
    > Appreciate all help,

Mark, you can get a cosponser who would have to meet the income
requirements. This assumes that you do not have 5 times the income
shortage in available assets.

Dekka's Angel

If you currently make enough money based on the guidelines you do not need to wait, nor do you need to have made enough money for the past 3 years at this stage of the game. Current income will suffice. Freshly graduated students on the NG have successfully filed I-134s based on current employment income which meets the guidelines.

Whether you need 3 years of tax returns for your I-134 depends on the consulate you're going through and whether you are self-employed. I do not know the requirements for China but if the consulate requires 3 years, give them 3 years. Especially since you're going to need them soon anyway. 3 years of returns (if you were supposed to file them) are required for the I-864 Affidavit of Support that is part of your beloved's AOS paperwork.

If you did not have sufficient income to require a tax return in previous years, you can submit evidence of that fact to BCIS instead of a return for the years at issue. The IRS also will provide you with a letter evidencing no tax return for those years you were not required to file (See IRS Form 4506 to request one). Be forewarned however that if you were actually supposed to file returns and didn't - do it now because the IRS will check your reported income when it receives a 4506 prior to issuing the letter, and if there is no return despite sufficient income shown....it becomes troubled

Mark Hopkins

Thanks, Dekka's.
--
Mark Hopkins