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nemobushido

HELP ASAP! Questions RE Evidence for Form I-134

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Hi VJ community,

My first post so please bear with me if I've broken any rules.

My fiance's immigration visa interview (K-1 via I-129F) is scheduled for 1/17. I know that she will need to bring Form I-134 as a requirement to the interview, but I am worried they will not accept my supporting evidence because I have not filed my tax returns for the last few years.

I have been back in America since July. I spent a few months job-hunting but realized that I would rather go back to school for now. Next month I will become a full-time student. I would say my current status is "student" or "unemployed" or "freelance".

Previously my annual income in Japan was around 50K and I have the tax withholding slips that show that in Japanese. I failed to file my tax returns because I knew I wasn't making enough money for the IRS to care. Currently I am living at my parents' home and have plenty of assets and savings. When my fiance comes, we plan to continue living here with my parents.

I have acquired statements of confirmation for all banks that show account open date, current balance, avg balance, and stock option reports.

If anyone could please help me answer the following questions, that would be very helpful:

  • What documents, if any, could I submit in lieu of my tax returns? Is the Japanese income tax withholding slip worth anything at all to the officer?
  • Would it be possible to submit my tax return for 2015 or 2014 now and still get a transcript in time for 1/17?
  • Will the fact that I will not be working but instead be studying in preparation of my next career be detrimental to our case? In other words, can our case be denied because I don't have a job right now?
  • Since I have no income to report now on the I-134, could I report the annual projected income from my salary at my last company?
  • If it exists, what is the passing sum for the income/property/assets section? What number do I have to pass to prove I can support and maintain my fiance?
  • Am I able to go to the interview with my fiance to help explain details regarding my financial stability?

If anyone could please advise through your personal experience or expert knowledge, I would very much appreciate it. I can provide any further information if needed.

Thank you!!!

Regards,

Jimothy

Edited by nemobushido

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You will need to backfile taxes; you likely won;t need to pay any, since you paid Japanese taxes, but they won't accept your affadavit of support for the visa without taxes being filed. Not sure if it will be ready for 1/17, but if not, she can still go to interview and send the transcripts later, visa simply won't be issued without them.

With a K1, the US embassy has more leeway as to deny or approve. Not working isn't great, but if you have plenty of assets that can be easily liquidated, and can prove that, you should be fine.

Your current income is 0, so you put 0. Don;t put projected or last income, it will confuse them and they may see it is lying, which would be bad.

https://www.uscis.gov/i-864p has the income guidelines, which depend on how many are in your hosuehold. If using assets, you need 5 times as much. Another option is to get a co-sponsor; again, with a K1, not all embassies accept them, but worth a try as a back up.

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