Jump to content
CharlieTanger

Filling out the Affadavit of Support (student)

15 posts in this topic

Recommended Posts

Hey guys!

So while waiting for my NOA2 I've been getting myself prepped and ready for the next steps. I was looking at the Affidavit of Support forms. I now have a question.

It states that I am required to provide a 2014 Federal Tax return and if I've filed a Federal Income Tax return for each of the past 3 years.

The problem is I've been a full-time student all my life and I've just recently got myself a good, full-time occupation with great benefits and all. I have never filed Federal Income Taxes before as I've never made enough. I am now well above the poverty level salary-wise and have the documentation to prove this.

I'm just not sure what to do. Will this issue hinder anything? Any suggestions? Do I have to answer "No?"

Edited by CharlieTanger

Share this post


Link to post
Share on other sites

Read this 100 times.http://www.visajourney.com/wiki/index.php/NVC_Process It is very helpful. You can also join the NVC thread once you get your I-130 approval


Married March 9, 2013
NOA1 I-130 April 12, 2013

Transferred to TSC Nov 27, 2013
APPROVED March 18, 2014 FINALLY ! ! ! !! 11 MONTHS & 6 LONG DAYS FOR MY NOA2
Case shipped from TSC to NVC March 21, 2014
Rec'd NOA2 hard copy March 22, 2014
Case rec'd & Case Number assigned April 1, 2014
AMAZING !!!
PAID IV and AOS fees online April 5, 2014
Fees show paid/DS 260 avail. /DS260 submitted/AOS&IV pkg sent April 9, 2014
FEDEX delivered @ NVC April 11, 2014
Revised AOS pkg delivered April 15, 2014
AOS & IV rec'd& scanned in @ NVC April 15, 2014
Revised AOS scanned April 18, 2014
AOS checklist for income and IV pkg April 30, 2014 (checklist expected due to Lawyers mistakes)
DS260 accepted April 30, 2014
Checklist for Birth cert/police cert May 1, 2014
AOS accepted May 5, 2014

Birth cert scanned MAY 8, 2014

CASE COMPLETE JUNE 4, 2014 CC letter received via email June 11, 2014

INTERVIEW JULY 15, 2014

Waiver finally FedEx'd to Phoenix Lockbox August 21, 2014

WAIVER APPROVED December 17, 2014

Received Instruction Letter via email December 23, 2014

Final Embassy Appointment January 5, 2015 YAY !

Visa ISSUED January 12, 2015

event.png

event.png







Share this post


Link to post
Share on other sites

Read this 100 times.http://www.visajourney.com/wiki/index.php/NVC_Process It is very helpful. You can also join the NVC thread once you get your I-130 approval

The I-130 is not part of the K-1 process.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Share this post


Link to post
Share on other sites

you can read the part for the Affidavit of Support


Married March 9, 2013
NOA1 I-130 April 12, 2013

Transferred to TSC Nov 27, 2013
APPROVED March 18, 2014 FINALLY ! ! ! !! 11 MONTHS & 6 LONG DAYS FOR MY NOA2
Case shipped from TSC to NVC March 21, 2014
Rec'd NOA2 hard copy March 22, 2014
Case rec'd & Case Number assigned April 1, 2014
AMAZING !!!
PAID IV and AOS fees online April 5, 2014
Fees show paid/DS 260 avail. /DS260 submitted/AOS&IV pkg sent April 9, 2014
FEDEX delivered @ NVC April 11, 2014
Revised AOS pkg delivered April 15, 2014
AOS & IV rec'd& scanned in @ NVC April 15, 2014
Revised AOS scanned April 18, 2014
AOS checklist for income and IV pkg April 30, 2014 (checklist expected due to Lawyers mistakes)
DS260 accepted April 30, 2014
Checklist for Birth cert/police cert May 1, 2014
AOS accepted May 5, 2014

Birth cert scanned MAY 8, 2014

CASE COMPLETE JUNE 4, 2014 CC letter received via email June 11, 2014

INTERVIEW JULY 15, 2014

Waiver finally FedEx'd to Phoenix Lockbox August 21, 2014

WAIVER APPROVED December 17, 2014

Received Instruction Letter via email December 23, 2014

Final Embassy Appointment January 5, 2015 YAY !

Visa ISSUED January 12, 2015

event.png

event.png







Share this post


Link to post
Share on other sites

It states that I am required If you have them.to provide a 2014 Federal Tax return and if I've filed a Federal Income Tax return for each of the past 3 years.

The problem is I've been a full-time student all my life and I've just recently got myself a good, full-time occupation with great benefits and all. I have never filed Federal Income Taxes before as I've never made enough. I am now well above the poverty level salary-wise and have the documentation to prove this.

Then you don't have any to copy and submit.

I'm just not sure what to do. Will this issue hinder anything? Any suggestions? Do I have to answer "No?"

Answer No on what form? For the K-1 you will fill out a 134 form....and if your current income is not sufficient, then you need a cosponsor and they also fill out a 134 form and add required documents. Read the Guides. For AOS you and your cosponsor will both fill out 864 forms.

Read this 100 times.http://www.visajourney.com/wiki/index.php/NVC_Process It is very helpful. You can also join the NVC thread once you get your I-130 approval

This is a poor link...it's for CR-1s and not K-1s. Provide a better link for what is germane to his case.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Share this post


Link to post
Share on other sites

You only need to show proof that you currently make above the poverty level ("to qualify as a sponsor, you must demonstrate that your income is at least 125 percent of the current Federal poverty guideline for your household size."). This can be demonstrated by a letter from your employer as well as pay stubs which prove your continued employment and proof of annual salary. If you do not yet have a tax return, you will need to provide a letter of explanation.

You want to provide as many resources possible to prove your income. Bank statements showing deposits, pay stubs, offer letters and continued employment letters can be substituted for tax returns. The USCIS website makes no mention of a federal return unless you are considered self employed. Please read the following instructions provided on the the USCIS website: http://www.uscis.gov/sites/default/files/files/form/i-134instr.pdf

Edited by StephanieC

Filed I-129f petition---------------- 01.07.2015

Hardcopy NOA1 rec.----------------01.23.2015

K1 Visa Received---------------------10.09.2015

Married--------------------------------- 12.12.2015

Filed AOS/EAD-------------------------02.02.2016

AOS/EAD NOA1 rec.------------------02.08.2016

EAD Approved--------------------------04.11.2016

:reading:You can read more about my immigration journey on my blog as well as get tips and information about the process.

Share this post


Link to post
Share on other sites

Will not having these federal income tax returns be detrimental to my case? No, there are many folks in your situation.

I will have employment and salary proof letter, pay stubs, and other monetary documents, if needed.

If that income is sufficient, then you're good to go.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Share this post


Link to post
Share on other sites
My income is well above the poverty line! Thanks much! :)

Does the Affadavit of Support expire? Say I sign and fill it out at the end of July and my fiancé' interview isn't until the end of October...

Edited by CharlieTanger

Share this post


Link to post
Share on other sites

How do I provide that? Is it just a personal letter signed by me? Could my university provide something? An accountant? What form should I use?

Just like when you described how you met in your K1 petition, attach an additional sheet to your form with an explanation for why you are not providing a tax return. The tax return isn't the end all be all, your pay stubs and proof of employment from your employer is. I just err on the side of being transparent. Give everything that they are asking for which is employer statement and pay stubs and a small note explaining why you are not submitting a tax return. It isn't unusual at all to do this. Many people come right out of university and go into their field of work. You'll be fine with what you're submitting :)

Cheers.


Filed I-129f petition---------------- 01.07.2015

Hardcopy NOA1 rec.----------------01.23.2015

K1 Visa Received---------------------10.09.2015

Married--------------------------------- 12.12.2015

Filed AOS/EAD-------------------------02.02.2016

AOS/EAD NOA1 rec.------------------02.08.2016

EAD Approved--------------------------04.11.2016

:reading:You can read more about my immigration journey on my blog as well as get tips and information about the process.

Share this post


Link to post
Share on other sites

Just like when you described how you met in your K1 petition, attach an additional sheet to your form with an explanation for why you are not providing a tax return. The tax return isn't the end all be all, your pay stubs and proof of employment from your employer is. I just err on the side of being transparent. Give everything that they are asking for which is employer statement and pay stubs and a small note explaining why you are not submitting a tax return. It isn't unusual at all to do this. Many people come right out of university and go into their field of work. You'll be fine with what you're submitting :)

Cheers.

Thanks for your help, Stephanie. I guess it doesn't hurt to include all the information you have! :)

Also, do you know if the Affadavit of Support expires after filling it out? Say I sign and fill it out at the end of July and my fiancé' interview isn't until the end of October... Is that ok?

Share this post


Link to post
Share on other sites

Thanks for your help, Stephanie. I guess it doesn't hurt to include all the information you have! :)

Also, do you know if the Affadavit of Support expires after filling it out? Say I sign and fill it out at the end of July and my fiancé' interview isn't until the end of October... Is that ok?

I'm not entirely certain about the expiry of it, however I would wait until you receive the NOA2 so that you have more of a timetable which coincides with your process. It's probably a good idea to start collecting the information now, though.


Filed I-129f petition---------------- 01.07.2015

Hardcopy NOA1 rec.----------------01.23.2015

K1 Visa Received---------------------10.09.2015

Married--------------------------------- 12.12.2015

Filed AOS/EAD-------------------------02.02.2016

AOS/EAD NOA1 rec.------------------02.08.2016

EAD Approved--------------------------04.11.2016

:reading:You can read more about my immigration journey on my blog as well as get tips and information about the process.

Share this post


Link to post
Share on other sites

Hey guys!

So while waiting for my NOA2 I've been getting myself prepped and ready for the next steps. I was looking at the Affidavit of Support forms. I now have a question.

It states that I am required to provide a 2014 Federal Tax return and if I've filed a Federal Income Tax return for each of the past 3 years.

The problem is I've been a full-time student all my life and I've just recently got myself a good, full-time occupation with great benefits and all. I have never filed Federal Income Taxes before as I've never made enough. I am now well above the poverty level salary-wise and have the documentation to prove this.

I'm just not sure what to do. Will this issue hinder anything? Any suggestions? Do I have to answer "No?"

There are two Affidavit of Support Forms. It is not clear which one you are asking about so you are getting many answers related to one form or the other. The requirements are different. If you would go to the source and read what USCIS says first, then you might find your answer.

USCIS.gov has a tab called FORMS. Find your form in the list. Go to the page for the form. You will find a link to the latest version of the form as well as the link to INSTRUCTIONS that should be read.

At some point you will do both of the forms:

#1 Fiancé visa - Form I-134. Read the instructions. Does it say a tax return is required?

#2 Adjustment of Status - Form I-864. See the instructions for form I-864, page 6

under "7. Item Number 14. Federal Income Tax Information".

Count down 6 paragraphs under that section and read. It addresses your lack of tax returns.

For your London interview, there is a London specific guide pinned at the top of the UK forum. The very first post discusses how to prepare evidence for the I-134 in a way accepted by LONDON. Read it. It is correct. It may not be true for Toronto or Manila or Paris, but you aren't preparing for those cities.

If you would look at the London Embassy website (not mobile version) and start reading the visa section, there are many useful topics in the left hand column. Click "Documents". Follow the link for Affidavit of support. Read the K1 paragraph.

Do your research on official pages and don't rely solely on a forum.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×