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Tax Return question for K1

Tax Return question for K1

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Old Sep 12th 2004, 10:28 pm
  #1  
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Default Tax Return question for K1

My Fiance (US citizen) has a job that is well over the poverty line required in order to sign the Affadivit of Support, but she has only had the job for 3 months (when the actual reports are required, she would of had the job for about 6 months).

The last 4 years she has been at college, so when she has to provide tax return papers for the last 3 years, is this going to be a problem? She has had seasonal jobs in those 4 years, but not enough to take her over the poverty line.

Does it only matter if she has a good job earning over the poverty line right now? Or should she of been over the poverty line for the last 3 years? Is this why they want to see the tax returns?

We want to avoid having to get a co-sponsor, which is why we are asking this question.

Thanks.
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Old Sep 12th 2004, 11:32 pm
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Default Re: Tax Return question for K1

Originally Posted by ukmancoll
Does it only matter if she has a good job earning over the poverty line right now? Or should she of been over the poverty line for the last 3 years? Is this why they want to see the tax returns?
They want to see them to see that you have a steady income pretty much, but if you have a good occupation now, should be okay, but best advice would be to have a co-sponsor as a back up, I was in similar situation, didn't need the in-laws to do a co-sponsor, but we asked, and the person at the portland office rang us back and suggested it would be a good idea just to make sure everything went smoothly that we had a co-sponor.
Certainly won't go against you
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Old Sep 12th 2004, 11:53 pm
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Default Re: Tax Return question for K1

Originally Posted by Bob
They want to see them to see that you have a steady income pretty much, but if you have a good occupation now, should be okay, but best advice would be to have a co-sponsor as a back up, I was in similar situation, didn't need the in-laws to do a co-sponsor, but we asked, and the person at the portland office rang us back and suggested it would be a good idea just to make sure everything went smoothly that we had a co-sponor.
Certainly won't go against you
Thank you for you help, I appreciate it. I do need a more definitive answer though.

What if we can't get a co-sponsor? If my fiance has a good job with a good salary way over the published poverty line, shouldn't that be enough?

Anybody else help on this?

Thank you.
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Old Sep 13th 2004, 12:02 am
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Default Re: Tax Return question for K1

Originally Posted by ukmancoll
What if we can't get a co-sponsor? If my fiance has a good job with a good salary way over the published poverty line, shouldn't that be enough?
.
Could try the boss or any co-workers? They have to be a USC, or even a PR I think as other possible sponsors, but I'm afraid I can't give more definate answer regards not having any other co-sponsor
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Old Sep 13th 2004, 12:05 am
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Default Re: Tax Return question for K1

Originally Posted by Bob
Could try the boss or any co-workers? They have to be a USC, or even a PR I think as other possible sponsors, but I'm afraid I can't give more definate answer regards not having any other co-sponsor
Thank you Bob.

I understand the rules on sponsorship, but want to try and circumnavigate this if at all possible.

Anyone?

Thank you.
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Old Sep 13th 2004, 2:00 am
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Default Re: Tax Return question for K1

Originally Posted by ukmancoll
Thank you Bob.

I understand the rules on sponsorship, but want to try and circumnavigate this if at all possible.

Anyone?

Thank you.
You wrote you are a K-1. A K-1 Visa interview requires an I-134 Affidavit of Support from the sponsor. Not the I-864 which is used for AOS and requires 3 years of tax returns.

The rules for the I-134 do not even require a tax return unless you are self-employed or a contractor. Sounds like your fiancee is NOT in that category. Nevertheless, last year's tax return is good enough.

They weight current income more heavily than assets. When I sponsored my wife in my previous marriage, I was straight from school and only had an offwer letter and $200 in the bank. They accepted that. The offer letter was for an income well above the 125% of poverty line, which is also what you indicated.

You are fine with one years tax return.

Good luck
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Old Sep 13th 2004, 2:12 am
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Default Re: Tax Return question for K1

Originally Posted by Roong_Rob
You wrote you are a K-1. A K-1 Visa interview requires an I-134 Affidavit of Support from the sponsor. Not the I-864 which is used for AOS and requires 3 years of tax returns.

The rules for the I-134 do not even require a tax return unless you are self-employed or a contractor. Sounds like your fiancee is NOT in that category. Nevertheless, last year's tax return is good enough.
Which is true of the I-134. However, being that he is going through the US Consulate in London, he will be asked on the DS form to supply her three years of tax returns.

Historically the forum has seen many couples where the US Fiancee was fresh from school and only had one over the top tax return and the previous two were either much lower or non-existent due to not having worked while in school. London has shown themselves to be lenient in that instance and didn't require a co-sponsor as long as the current year's income was sufficient and the lack of finances in the previous years were due to schooling.

No one can give the OP a definitive answer and it is unrealistic to think that we can. We are only laypeople who have gone through the same processing as he is going through and can only relate what ourselves and others have encountered. A wise person would have a co-sponsor lined up for safety.

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Old Sep 13th 2004, 2:14 am
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Default Re: Tax Return question for K1

It is always prudent of the posters to do a little research other than just ask questions here. In BE there is a root post under my name at the start of the forum and it has a list of URLs. One of those is for interview experiences. One needs only to go to the link for the interviews and click on the K-1 interview experiences and read what others wrote of their experiences in their particular country. It is listed by country.

Rete


Originally Posted by Rete
Which is true of the I-134. However, being that he is going through the US Consulate in London, he will be asked on the DS form to supply her three years of tax returns.

Historically the forum has seen many couples where the US Fiancee was fresh from school and only had one over the top tax return and the previous two were either much lower or non-existent due to not having worked while in school. London has shown themselves to be lenient in that instance and didn't require a co-sponsor as long as the current year's income was sufficient and the lack of finances in the previous years were due to schooling.

No one can give the OP a definitive answer and it is unrealistic to think that we can. We are only laypeople who have gone through the same processing as he is going through and can only relate what ourselves and others have encountered. A wise person would have a co-sponsor lined up for safety.

Rete
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Old Sep 14th 2004, 1:32 am
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Default Re: Tax Return question for K1

Originally Posted by Rete
Which is true of the I-134. However, being that he is going through the US Consulate in London, he will be asked on the DS form to supply her three years of tax returns.

Rete
Hi Rete, I didn't realize London was tougher than another consulate when it came to any issues.

Which DS form are you referring to? They only ask for DS-230, DS-156, DS-156K and DS-157.

Does London ask for additional DS documentation.
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Old Sep 14th 2004, 1:50 am
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Default Re: Tax Return question for K1

Originally Posted by Roong_Rob
Hi Rete, I didn't realize London was tougher than another consulate when it came to any issues.

Which DS form are you referring to? They only ask for DS-230, DS-156, DS-156K and DS-157.

Does London ask for additional DS documentation.

There are not tougher. It is just one of the items that they ask for when they send you the list of documents you need. I don't know the number of the form or even if it has a number. Perhaps someone who has used the London US Consulate can pipe in with the number.

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