Craig Lloyd

I just skim the posts here, and I see a lot of mention about needing 3 years
tax returns. I am applying for a K-1, and there is absolutly no mention in
anyone of the paperwork dealing with the Affidavit of Support whickh makes
mention of 3 years. The instructions I have only makes mention of one year.
Am I missing something? I only have the lastest tax return from my fiancee
becuase that was all that was asked for.

Folinskyinla

Hi:

This comes from the fact that, although it looks to ulitmate permanent residence in the United States, the K-1 visa is a "non-immigant" visa. As such, it is subject only to the vague "public charge" provisions.

However, the grant of actual "immigrant" status requires an I-864 which is an affidavit of support enhanced with contractual provisions. By statute it requires the last three tax returns or a legal justification for non-filing.

As a result of this, the K-1 uses the old generic I-134 general purpose affidavit of support rather than the immigration specific I-864. Also, the contractual portions of the I-864 are premature in the K-1 situation.

The I-134 actually doesn't require ANY tax returns except for the self-employed.

The Immigration & Nationality Act imposes explicit requirements on the I-864. However, when it comes to the general "public charge" provisions, that is left up the discretion of the individual Consular Officer [who generally follow policies set in the local consulate].

So there are no formal "instructions" for the I-134. Many consulates figure that since you will have to supply three years at the later date anyways, require it for the K-1.

BTW, don't be concerned if only your last return shows sufficient income -- the I-864 may require three years of returns, but it does NOT require that all three years be at the 125% level.

Vsk

Thank you very much for the detailed information. It will help as I get
ready for the completed process. Fiancé will be conducting interview in
Brazil.

-VSK

NOA1: 7-14-03 (NSC)
NOA2: ??
"Folinskyinla" <member4043@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by Craig Lloyd
    > > I just skim the posts here, and I see a lot of mention about
    > > needing 3 years
    > > tax returns. I am applying for a K-1, and there is absolutly no
    > > mention in
    > > anyone of the paperwork dealing with the Affidavit of Support
    > > whickh makes
    > > mention of 3 years. The instructions I have only makes mention of
    > > one year.
    > > Am I missing something? I only have the lastest tax return from
    > > my fiancee
    > > becuase that was all that was asked for.
    > Hi:
    > This comes from the fact that, although it looks to ulitmate permanent
    > residence in the United States, the K-1 visa is a "non-immigant" visa.
    > As such, it is subject only to the vague "public charge" provisions.
    > However, the grant of actual "immigrant" status requires an I-864 which
    > is an affidavit of support enhanced with contractual provisions. By
    > statute it requires the last three tax returns or a legal justification
    > for non-filing.
    > As a result of this, the K-1 uses the old generic I-134 general purpose
    > affidavit of support rather than the immigration specific I-864. Also,
    > the contractual portions of the I-864 are premature in the K-1
    > situation.
    > The I-134 actually doesn't require ANY tax returns except for the
    > self-employed.
    > The Immigration & Nationality Act imposes explicit requirements on the
    > I-864. However, when it comes to the general "public charge"
    > provisions, that is left up the discretion of the individual Consular
    > Officer [who generally follow policies set in the local consulate].
    > So there are no formal "instructions" for the I-134. Many consulates
    > figure that since you will have to supply three years at the later date
    > anyways, require it for the K-1.
    > BTW, don't be concerned if only your last return shows sufficient income
    > -- the I-864 may require three years of returns, but it does NOT require
    > that all three years be at the 125% level.
    > --
    > Certified Specialist
    > Immigration &amp; Nat. Law
    > Cal. Bar Board of Legal Specialization
    > Posted via http://britishexpats.com

Noorah101

Yep, each consulate has different requirements. My fiance is doing a K-1 also, yet Ankara requires 3 years of tax returns with the I-134.

Best Wishes,
Rene

wesleygolf

My fiance also is from Brazil and had her K1 interview in Rio last week. they told her to have me send her my last 3 tax returns and to aquire a co-sponsor as i am self employed. I have a co sponsor now and she will go back to get her visa in 2 weeks. i recommend you take 3 years of tax returns, w2 forms, for sure and if any doubt about a co sponsor, have one ready just in case they ask. also, please take co-sponsor birth certificate, and if you were married before take the actual decree of divorce that outlines the entire divorce prepared by a lawyer and certified, and co sponsor 3 years tax returns with w2's attached to it. the income on the tax form is most important in brazil.

lpdiver

In my case one of the atty's has suggested five years returns

Maryanne Kehoe

Folinskyinfa, how was the 125% figure arrived at? I gather it is poverty
level (for a couple?) plus 25% (correct?)

Folinskyinla

Hi:

Section 213A of the Immigration & Nationality Act was added byt he 1996 "Reform" legislation. The annual "poverty level" for the 48 states and separate levels for AK and HW are of long standing. Section 213A set the minimum level at 125% except for military is at 100%.

The number of people is governed by the number of people dependent upon you, plus numbers in other Affidavits of Support plus the sponsored immigrant.

So lets say you have a widowed affiant with two kids who is sponsoring his second wife and her two children -- it would be the level for SIX people.

sparkler

Thank you for the good information on tax returns. sparkler.

Maryanne Kehoe

Thanks for the info---this is one aspect of the law that has totally
baffled me (although I did not need to have a sponsor as I am waayyyy
over the 125% requirement.)




Re: Three Years tax returns?

Group: alt.visa.us.marriage-based Date: Sat, Nov 29, 2003, 6:49am
(EST+5) From: member4043@british_expats.com (Folinskyinla)
Originally posted by Maryanne Kehoe
Folinskyinfa, how was the 125% figure arrived at? I gather it is poverty
level (for a couple?) plus 25% (correct?)
Hi:
Section 213A of the Immigration & Nationality Act was added byt he 1996
"Reform" legislation. The annual "poverty level" for the 48 states and
separate levels for AK and HW are of long standing. Section 213A set the
minimum level at 125% except for military is at 100%.
The number of people is governed by the number of people dependent upon
you, plus numbers in other Affidavits of Support plus the sponsored
immigrant.
So lets say you have a widowed affiant with two kids who is sponsoring
his second wife and her two children -- it would be the level for SIX
people.
--
Certified Specialist
 Immigration &amp; Nat. Law
 Cal. Bar Board of Legal Specialization
Posted via http://britishexpats.com

meauxna

That's interesting. What kind of visa/adjustment does not require a sponsor?

Mrt

meauxna wrote:

    > Originally posted by Maryanne Kehoe
    >
    >
    >>Thanks for the info---this is one aspect of the law that has totally
    >
    >
    >>baffled me (although I did not need to have a sponsor as I am waayyyy
    >
    >
    >>over the 125% requirement.)
    >

I think she means a sponser other than herself.

Maryanne Kehoe

I did not need a *financial* sponsor as I am way above the poverty level
for two people!



Re: Three Years tax returns?

Group: alt.visa.us.marriage-based Date: Sat, Nov 29, 2003, 10:21pm
(EST+5) From: member1851@british_expats.com (meauxna)
Originally posted by Maryanne Kehoe
Thanks for the info---this is one aspect of the law that has totally
baffled me (although I did not need to have a sponsor as I am waayyyy
over the 125% requirement.)
That's interesting. What kind of visa/adjustment does not require a
sponsor?
--
Posted via http://britishexpats.com

Mrt

maryanne kehoe wrote:

    > I did not need a *financial* sponsor as I am way above the poverty level
    > for two people!
    >

1. He needs a "financial" sponsor
2. You are the sponsor.

Maryanne Kehoe

Correct----that is what I am saying......(my income is way above the
poverty guidelines for two people.)



Re: Three Years tax returns?

Group: alt.visa.us.marriage-based Date: Sun, Nov 30, 2003, 10:24am
(EST+5) From: [email protected] (mrt)
maryanne kehoe wrote:
I did not need a *financial* sponsor as I am way above the poverty level
for two people!
1. He needs a "financial" sponsor
2. You are the sponsor.