What happens if the affidavit of support gets denied? Can we wait?

[Dutch88 27]

My fiance and I dont wanna wait till the tax returns in januari and we hope that having a letter of employement from her employer and pay stubs will be enough proof for the affidavit. Were kinda taking a gamble here i guess but if you love someone you try to cut some corners. If it turns out its not enough proof, what happens? Do we have to start the entire proces over again or can we wait till we get the tax returns?

[Sabrina&Chuck 32]

You get them online ..your fiance has to log in and print them out. Not sure what one you're talking about ..the W-2?

[Dutch88 27]

You get them online ..your fiance has to log in and print them out. Not sure what one you're talking about ..the W-2?

Sorry i shouldve put more information in my post. She didnt make enough money for the 125% poverty rate in 2014. She is making enough this year. For the K1 it says you need to add tax returns to your documents showing proof she has enough income. So that means waiting until at least january 2016. But we don't really want to wait to start the K1 visa proces till she can do her taxes next year. So Ive asked around on this forum and some people say having a letter of employement and pay stubs is enough evidence to get aproved (which will save us like 6 months).

So i'm wondering, what if they say at the consulate that its not enough proof of support and they want to see tax returns instead of pay stubs. Do we need to start the entire proces over (beginning with the I-129F), or can we just wait a few weeks/months to show them the tax returns.

Edited August 10, 2015 by Dutch88

[Shauneg 762]

Sorry i shouldve put more information in my post. She didnt make enough money for the 125% poverty rate in 2014. She is making enough this year. For the K1 it says you need to add tax returns to your documents showing proof she has enough income. So that means waiting until at least january 2016. But we don't really want to wait to start the K1 visa proces till she can do her taxes next year. So Ive asked around on this forum and some people say having a letter of employement and pay stubs is enough evidence to get aproved (which will save us like 6 months).

So i'm wondering, what if they say at the consulate that its not enough proof of support and they want to see tax returns instead of pay stubs. Do we need to start the entire proces over (beginning with the I-129F), or can we just wait a few weeks/months to show them the tax returns.

They will give you an RFE for another sponsor. Depending on timing you will have what you need by yourself or you will have produce another sponsor. You won't get denied directly and have to start over.

[Dutch88 27]

They will give you an RFE for another sponsor. Depending on timing you will have what you need by yourself or you will have produce another sponsor. You won't get denied directly and have to start over.

How long do they give you time for RFE? I was hoping that if we file now with a bit of luck we would be having the interview around the time she does her taxes but if it would come sooner we would need to wait maybe months for that.

[Dutch88 27]

Anyone?

[Zedayn 485]

Sorry i shouldve put more information in my post. She didnt make enough money for the 125% poverty rate in 2014. She is making enough this year. For the K1 it says you need to add tax returns to your documents showing proof she has enough income. So that means waiting until at least january 2016. But we don't really want to wait to start the K1 visa proces till she can do her taxes next year. So Ive asked around on this forum and some people say having a letter of employement and pay stubs is enough evidence to get aproved (which will save us like 6 months).

So i'm wondering, what if they say at the consulate that its not enough proof of support and they want to see tax returns instead of pay stubs. Do we need to start the entire proces over (beginning with the I-129F), or can we just wait a few weeks/months to show them the tax returns.

You're gonna drive yourself crazy with all the "what ifs".

It is your current income that is considered for the affidavit of support. While the most recent tax return is generally required, it only gives an idea of your income level based on what you earned in the past. You have the opportunity to prove to the embassy your current level of income exceeds the poverty guidelines, especially if it is more than what you made last year. If they cannot see from the tax return alone that you meet the poverty guidelines then you can offer your current income proof and it will usually be accepted. When my wife had her visa interview, my most recent tax return was too low but my current income was just fine. They accepted my affidavit of support and she was approved without issue.

[Dutch88 27]

You're gonna drive yourself crazy with all the "what ifs".

It is your current income that is considered for the affidavit of support. While the most recent tax return is generally required, it only gives an idea of your income level based on what you earned in the past. You have the opportunity to prove to the embassy your current level of income exceeds the poverty guidelines, especially if it is more than what you made last year. If they cannot see from the tax return alone that you meet the poverty guidelines then you can offer your current income proof and it will usually be accepted. When my wife had her visa interview, my most recent tax return was too low but my current income was just fine. They accepted my affidavit of support and she was approved without issue.

Thanks!!!

[Ktav 8]

Hello, I see that your case was approved Congrats!!!! I'm in a very similar situation. I'm the petitioner and I lived out of the country the last 2 and a half years so I show no income for that time. (I had sold my house and was traveling on that income). But I currently have a great job with sufficient income. I went back to the same company I was with before and have a letter that states my hire date as 2008 and my re-hire date as 5 months ago. I'm hoping they will consider my current income (for the last 5 months) and savings account and they will accept my 134 without issue. (K1 process, interview at his embassy next week).

Did you end up needing a co-sponsor? Or did they accept your fiance's current employment information?

In case OP is out, does anyone else know if this should be sufficient? We have had trouble finding a backup..

Thanks

[usmsbow 795]

Hello, I see that your case was approved Congrats!!!! I'm in a very similar situation. I'm the petitioner and I lived out of the country the last 2 and a half years so I show no income for that time. (I had sold my house and was traveling on that income). But I currently have a great job with sufficient income. I went back to the same company I was with before and have a letter that states my hire date as 2008 and my re-hire date as 5 months ago. I'm hoping they will consider my current income (for the last 5 months) and savings account and they will accept my 134 without issue. (K1 process, interview at his embassy next week).

Did you end up needing a co-sponsor? Or did they accept your fiance's current employment information?

In case OP is out, does anyone else know if this should be sufficient? We have had trouble finding a backup..

Thanks

Just provide recent pay stubs and a letter from your employer stating how much you make, and you should be good to go.