Petitioner Must be Employed ? ( this is wrong )

[atlus 2]

I read in this forum the full guide you will need for the K-1 Visa. It said you must be employed but what if  your work is only 6 months and the other 6 months you are unemployed but make well above the yearly income requirement .

I am a commercial pilot but I only work 6 months the other 6 months I live in Thailand but I make well above the poverty line. 

I was told as long as i can show i can support my Fiance and I make above there yearly income requirement which I make that in one month in a half.

So can a commercial pilot that makes well above there requirement and has a return to work with same company i should be fine. In fact they are giving me a raise next year.

And what about the guys that don't even work but are well off no matter if it was with stocks or the son of a multi billionaire?

I don't think a person has to have a full time job . Some persons do not work and are well off. I used to fly fire bombers and I would fly only 6 months and make 100k

If i had no job but was a billionaire I believe i would qualify. I am far from being a billionaire but i am comfortable and I make well above the required yearly income.

And in the full guide post it said you need the last 3 years tax return this is wrong you only need the current year .

Anyone have any thoughts on this ?

 

Thank you

Van & Zaw

Edited October 18, 2017 by atlus

[Mrsjackson 300]

It's not "wrong" necessarily but rather some embassies request multiple tax returns from years prior and some only require the most recent. Depends on the country. 

 

It doesn't matter that you do not work a 9 - 5 most of the year. They don't care. USCIS cares that you have a legitimate position (as in you don't make money illegally - commercial pilot certainly qualifies) and that you can support your beneficiary. If you make well more then the poverty income threshold for your household number then congrats, you have no problem. No need to think about it anymore. 

 

Billionaires can petition, yes. USCIS will look at significant assets in lieu of income. 

[atlus 2]

6 minutes ago, Mrsjackson said:

It's not "wrong" necessarily but rather some embassies request multiple tax returns from years prior and some only require the most recent. Depends on the country. 

 

It doesn't matter that you do not work a 9 - 5 most of the year. They don't care. USCIS cares that you have a legitimate position (as in you don't make money illegally - commercial pilot certainly qualifies) and that you can support your beneficiary. If you make well more then the poverty income threshold for your household number then congrats, you have no problem. No need to think about it anymore. 

 

Billionaires can petition, yes. USCIS will look at significant assets in lieu of income. 

Thank you for the information. My Fiance is in Thailand so it will be USA Embassy in Thailand and I have been told by 3 attorneys that i only need my current year tax return i do have pay stubs for the last few years though. I will call USCIS tomorrow and ask about 3 years of tax returns because I dont have them,  i only have 2016 but I do have W2's for 2013,2014,15 and bank statements and pay stubs but i don't have 3 years tax return. I am single and I am not rich but i have 50k in checking but i make much more per year so i hope i will be fine

Edited October 18, 2017 by atlus

[atlus 2]

12 minutes ago, atlus said:

Thank you for the information. My Fiance is in Thailand so it will be USA Embassy in Thailand and I have been told by 3 attorneys that i only need my current year tax return i do have pay stubs for the last few years though. I will call USCIS tomorrow and ask about 3 years of tax returns because I dont have them,  i only have 2016 but I do have W2's for 2013,2014,15 and bank statements and pay stubs but i don't have 3 years tax return. I am single and I am not rich but i have 50k in checking but i make much more per year so i hope i will be fine

I was told by my attorney that only at adjustment of status interview I will need the last 3 years tax returns but not for the  first interview to come to the USA to marry but after 90 days the adjustment interview will need 3 years tax return . Is this correct? also my Fiance's first interview will be in Bangkok.

Edited October 18, 2017 by atlus

[Mrsjackson 300]

12 minutes ago, atlus said:

Thank you for the information. My Fiance is in Thailand so it will be USA Embassy in Thailand and I have been told by 3 attorneys that i only need my current year tax return i do have pay stubs for the last few years though. I will call USCIS tomorrow and ask about 3 years of tax returns because I dont have them,  i only have 2016 but I do have W2's for 2013,2014,15 and bank statements and pay stubs but i don't have 3 years tax return. I am single and I am not rich but i have 50k in checking but i make much more per year so i hope i will be fine

It doesn't sound like you need to worry. I know nothing about Thailand's embassy so I'll refrain from saying anything definite, but you're in a position that makes you perfectly able to support a beneficiary and I'm 99.9999% sure you're just fine. 

 

I have not yet gotten to the AOS period so I hope another user can shed some light on that. I've never heard that you need three years worth of tax returns for that though. As far as I know you need the most recent for both. 

Edited October 18, 2017 by Mrsjackson

[atlus 2]

Just now, Mrsjackson said:

It doesn't sound like you need to worry. I know nothing about Thailand's embassy so I'll refrain from saying anything definite, but you're in a position that makes you perfectly able to support a beneficiary and I'm 99.9999% sure you're just fine. 

Thank you again,

 I am home drinking good Scotch and very stressed out and nervous about this process so I hope  I can pull this off. Next year in May I get a raise and I will be flying Captain in a larger aircraft  but I only fly 6 months, I was going to work year round but my Fiance is in Thailand so I have my flight schedule set to 6 months and if my Fiance can come to the USA i can work year round for a few years but honestly I rather not.... I enjoy living in Thailand, so if i work year round it will only be one year LoL

[broppy 204]

32 minutes ago, atlus said:

I was told by my attorney that only at adjustment of status interview I will need the last 3 years tax returns but not for the  first interview to come to the USA to marry but after 90 days the adjustment interview will need 3 years tax return . Is this correct? also my Fiance's first interview will be in Bangkok.

When filing the I-864 Affidavit of Support, there is a question "Have you filed a Federal tax return for each of the three most recent tax years?" and you MUST attach a photocopy or transcript for the most recent tax year (optionally, you may also attach the second and third most recent tax return or transcript). If you filed taxes for 2014/5, but don't have the paperwork, get a copy of the transcript from the IRS. If you didn't file taxes for those years, now's a good time to go back and submit those returns.

[atlus 2]

2 minutes ago, broppy said:

When filing the I-864 Affidavit of Support, there is a question "Have you filed a Federal tax return for each of the three most recent tax years?" and you MUST attach a photocopy or transcript for the most recent tax year (optionally, you may also attach the second and third most recent tax return or transcript). If you filed taxes for 2014/5, but don't have the paperwork, get a copy of the transcript from the IRS. If you didn't file taxes for those years, now's a good time to go back and submit those returns.

I didnt file for 2014-15 and my attorney says i only need the current year 2016 and i will file 2014-15 in June before the upgrade of status

The 3 year Tax return requirement is for only the up grade of status after you marry. You only need the current year for the first interview. to show income for 2014 and now i can show bank statements and pay stubs or W2. What if i didnt have any tax and was just rich as hell. Common they dont need 3 years for the first interview.

Edited October 18, 2017 by atlus

[broppy 204]

37 minutes ago, atlus said:

I am home drinking good Scotch

I hope you're not working tomorrow!

 

37 minutes ago, atlus said:

and very stressed out and nervous about this process so I hope  I can pull this off. Next year in May I get a raise and I will be flying Captain in a larger aircraft  but I only fly 6 months, I was going to work year round but my Fiance is in Thailand so I have my flight schedule set to 6 months and if my Fiance can come to the USA i can work year round for a few years but honestly I rather not.... I enjoy living in Thailand, so if i work year round it will only be one year LoL

Don't get too stressed - you appear to earn well above what's required. You don't need to work all year round if you can make enough in only six months.

 

3 minutes ago, atlus said:

I didnt file for 2014-15 and my attorney says i only need the current year 2016 and i will file 2014-15 in June before the upgrade of status

I-134 is a lot less formal than I-864 - the current year's return should be sufficient.

[atlus 2]

13 minutes ago, broppy said:

I hope you're not working tomorrow!

 

Don't get too stressed - you appear to earn well above what's required. You don't need to work all year round if you can make enough in only six months.

 

I-134 is a lot less formal than I-864 - the current year's return should be sufficient.

 

21 minutes ago, atlus said:

I didnt file for 2014-15 and my attorney says i only need the current year 2016 and i will file 2014-15 in June before the upgrade of status

The 3 year Tax return requirement is for only the up grade of status after you marry. You only need the current year for the first interview. to show income for 2014 and now i can show bank statements and pay stubs or W2. What if i didnt have any tax and was just rich as hell. Common they dont need 3 years for the first interview.

21 minutes ago, atlus said:

I didnt file for 2014-15 and my attorney says i only need the current year 2016 and i will file 2014-15 in June before the upgrade of status

The 3 year Tax return requirement is for only the up grade of status after you marry. You only need the current year for the first interview. to show income for 2014 and now i can show bank statements and pay stubs or W2. What if i didnt have any tax and was just rich as hell. Common they dont need 3 years for the first interview.

 

23 minutes ago, broppy said:

When filing the I-864 Affidavit of Support, there is a question "Have you filed a Federal tax return for each of the three most recent tax years?" and you MUST attach a photocopy or transcript for the most recent tax year (optionally, you may also attach the second and third most recent tax return or transcript). If you filed taxes for 2014/5, but don't have the paperwork, get a copy of the transcript from the IRS. If you didn't file taxes for those years, now's a good time to go back and submit those returns.

I just spoke with my attorney and he said I am not filing a I-864 Affidavit that is for a Spouse Visa and I am filing a I-134 which only needs current year tax return and I only have to file a I-864 after we get married and my fiance is getting upgrade in status.

Edited October 18, 2017 by atlus

[broppy 204]

19 minutes ago, atlus said:

I just spoke with my attorney and he said I am not filing a I-864 Affidavit that is for a Spouse Visa and I am filing a I-134 which only needs current year tax return

Yes, that's spot on.

19 minutes ago, atlus said:

and I only have to file a I-864 after we get married and my fiance is getting upgrade in status.

Also correct (but call it Adjustment of Status, or AoS). And you'll need to have filed the last three tax returns before you get to that point.

[atlus 2]

1 minute ago, broppy said:

Yes, that's spot on.

Also correct (but call it Adjustment of Status, or AoS). And you'll need to have filed the last three tax returns before you get to that point.

Thank you ,,,, I will do that in June. We have not sent the petition in yet and the first interview to come to the USA to get married wont be any earlier than May so I can file and pay the last three years in June and be ok before the adjustment of status i think ;-)

[Ning 619]

9 hours ago, atlus said:

I was told by my attorney that only at adjustment of status interview I will need the last 3 years tax returns but not for the  first interview to come to the USA to marry but after 90 days the adjustment interview will need 3 years tax return . Is this correct? also my Fiance's first interview will be in Bangkok.

You have asked these very question in the recent past I believe. The answers will not change only your ability or amount of scotch will allow you to accept the info. Your lawyer & the members here are correct. You will submit the 134 with the current tax year info. You may get lucky & not be asked for additional years by the embassy in Thailand. They are very experienced which your fiancé will find out. Later for the AOS you will use the 864 & submit at least 3 years of tax info which must reflect paid in full status. 

[atlus 2]

5 hours ago, Ning said:

You have asked these very question in the recent past I believe. The answers will not change only your ability or amount of scotch will allow you to accept the info. Your lawyer & the members here are correct. You will submit the 134 with the current tax year info. You may get lucky & not be asked for additional years by the embassy in Thailand. They are very experienced which your fiancé will find out. Later for the AOS you will use the 864 & submit at least 3 years of tax info which must reflect paid in full status. 

They will get the 3 years tax return pay in full at the AOS but I will only supply current year 2016 as I have been told this for the 134.

[Andrea&Henry 311]

I think you would be fine. My uncle is also a commercial pilot in an extremely similar situation but I don't think the right word is "unemployed" unless you work for different company every 6 months.

 

My uncle work for Iberia and he works 6 months in a row and then he is 6 months on vacation, with the exact same company. Although he is not technically working for 6 months, he is still considered an employee so he is not unemployed.

 

If this is your case, you are definitely not unemployed.

 

But even if that's the case, commercial pilots like you both make more than me and my husband working 365 hahahahaha so you will be fine