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rlt8990

I-864 taxes/co-sponsor

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Hey guys,

I would love some insight/advice if anyone has had a similar experience. I was not required to file taxes for 2014 as I was a student living in the UK, not working. I am now employed and meeting the income requirement - I will submit the required statement, 6 months worth of pay stubs, and a letter from my employer instead of my 2014 tax return when we file for AOS... It doesn't state anywhere (that I have seen) that I will need a co-sponsor, but i'm worried that without my tax return, and without a co-sponsor, we will get an RFE. Has anyone been in this situation, and if so what did you need to do?


Feb. 13th 2015: I-129F sent

Feb. 18th 2015: NOA1

Mar. 12th 2015: NOA2

Apr. 17th 2015: NVC received

Apr. 20th 2015: Case number assigned

Apr. 29th 2015: Consulate received

May 4th 2015: Packet 3 received

May 11th 2015: Medical - Passed!

May 29th 2015: Packet 4 received

June 18th 2015: Interview!! APPROVED!!

July 2nd 2015: Visa in hand

July 21st 2015: POE

???: Real wedding

Oct. 22nd 2015: Wedding ceremony with family/friends!

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Hey guys,

I would love some insight/advice if anyone has had a similar experience. I was not required to file taxes for 2014 as I was a student living in the UK, not working. I am now employed and meeting the income requirement - I will submit the required statement, 6 months worth of pay stubs, and a letter from my employer instead of my 2014 tax return when we file for AOS... It doesn't state anywhere (that I have seen) that I will need a co-sponsor, but i'm worried that without my tax return, and without a co-sponsor, we will get an RFE. Has anyone been in this situation, and if so what did you need to do?

For a K1 I-134, London does not require a tax return. There is no such requirement written in the law. They will accept anything that shows your income. Just an employment letter will be enough. Easy peasy.

When you adjust status and file the I-864, it is required by immigration law to send the latest tax return. (The I-864 instructions explain it well.) If you were not required to file, you must submit a statement in lieu of a tax return saying why you were not required to file. Something like--

STATEMENT OF NON-FILING OF TAX RETURN

In 2014 I was a full time student and earned $0.00 income and this was not required by the IRS to file a return.

In 2013, I was a student and earned $1234.56 income. I was below the IRS filing threshold.

In 2012.........

[signature]

BE SPECIFIC. Don't just say "I wasn't required to file."


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

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Thank you Nich-Nick! I already know I am required to submit a statement, I guess my question is whether or not I will need a co sponsor when filing the I-864, even though I currently make enough to fulfill the income requirements, and can prove so with 6 months worth of pay stubs and a letter from my employer.


Feb. 13th 2015: I-129F sent

Feb. 18th 2015: NOA1

Mar. 12th 2015: NOA2

Apr. 17th 2015: NVC received

Apr. 20th 2015: Case number assigned

Apr. 29th 2015: Consulate received

May 4th 2015: Packet 3 received

May 11th 2015: Medical - Passed!

May 29th 2015: Packet 4 received

June 18th 2015: Interview!! APPROVED!!

July 2nd 2015: Visa in hand

July 21st 2015: POE

???: Real wedding

Oct. 22nd 2015: Wedding ceremony with family/friends!

Share this post


Link to post
Share on other sites

Thank you Nich-Nick! I already know I am required to submit a statement, I guess my question is whether or not I will need a co sponsor when filing the I-864, even though I currently make enough to fulfill the income requirements, and can prove so with 6 months worth of pay stubs and a letter from my employer.

Oh sorry, I thought you were asking about the K1 interview since your profile still says K1.

Your current income should count as enough to support without a joint sponsor. The tax statement will cover the requirement for submitting a tax return. Your letter and pay stubs will document your current income.

I think many RFE's are written where it sounds like you don't qualify (when you think you do) because the form and the documentation are not done properly. Example, sending a w-2 without a tax return is incomplete. Failing to address no tax return with a sign statement--incomplete. Putting an income amount in Part 6 higher than is documented with evidence. Clerical type errors and not understanding the required documentation is what I think causes a lot of RFEs where USCIS always tacks on the generic "you do not qualify". If they would say in plain English "we can't qualify you YET because you didn't document _________" it would be a lot better.

I can't emphasize enough to everybody how important it is to read those 13 pages of instructions about four times, highlighting the important things that apply to your situation.


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

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