Filling out the Affadavit of Support (student)

[CharlieTanger 76]

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 February 25, 2015 by CharlieTanger

[LoveMyTico 999]

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

[CharlieTanger 76]

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

But I'm a K-1 applicant. Not AOS.

[baron555 934]

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.

[LoveMyTico 999]

you can read the part for the Affidavit of Support

[baron555 934]

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.

[CharlieTanger 76]

Will not having these federal income tax returns be detrimental to my case?

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

[StephanieC 43]

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 February 25, 2015 by StephanieC

[baron555 934]

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.

[CharlieTanger 76]

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 February 25, 2015 by CharlieTanger

[CharlieTanger 76]

If you do not yet have a tax return, you will need to provide a letter of explanation.

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?

[StephanieC 43]

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.

[CharlieTanger 76]

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?

[StephanieC 43]

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.

[Nich-Nick 3,353]

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.