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Filed: K-1 Visa Country: Sweden
Timeline
Posted

We do have some problems with the affidavit. My fiance is a veteran and gets disability from the va. That doesnt cover the needs he needs for meeting up with the guidelines 125%. However, if he takes up a job his income would go up. Now..i read that if he is not self employed he will not need to show the last years taxes. See..there is where our problem is..he has nothing to show for the tax. Does he need to show that even if he is not self employed?

Larry and Jaana

Posted
We do have some problems with the affidavit. My fiance is a veteran and gets disability from the va. That doesnt cover the needs he needs for meeting up with the guidelines 125%. However, if he takes up a job his income would go up. Now..i read that if he is not self employed he will not need to show the last years taxes. See..there is where our problem is..he has nothing to show for the tax. Does he need to show that even if he is not self employed?

He didn't file taxes? is there a reason? If he didn't have to file - he would have to explain it (mostly for the I-864 - but you could do it for the I-134).

Normally you only need to show one year worth of tax returns - more if it will help your case (regardless if your self-employed or not)

Depending on the embassy - they may want a co-sponsor (and even some embassies do not allow co-sponsors)

(Moving to Consulate/Embassy forum from K-1)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: K-1 Visa Country: Sweden
Timeline
Posted
We do have some problems with the affidavit. My fiance is a veteran and gets disability from the va. That doesnt cover the needs he needs for meeting up with the guidelines 125%. However, if he takes up a job his income would go up. Now..i read that if he is not self employed he will not need to show the last years taxes. See..there is where our problem is..he has nothing to show for the tax. Does he need to show that even if he is not self employed?

As i seen on the 2 forms I-134 and the I-864 there is a difference. On the I-864 they ask for tax returns but on the I-134 does not ask for it. On the I-134 they ask for bank statement and a letter from the employer stating that he is working for the company...am i correct on this?

Larry and Jaana

Filed: K-1 Visa Country: Sweden
Timeline
Posted
He didn't file taxes? is there a reason? If he didn't have to file - he would have to explain it (mostly for the I-864 - but you could do it for the I-134).

Normally you only need to show one year worth of tax returns - more if it will help your case (regardless if your self-employed or not)

Depending on the embassy - they may want a co-sponsor (and even some embassies do not allow co-sponsors)

(Moving to Consulate/Embassy forum from K-1)

He doesnt have to pay tax on disability.

Larry and Jaana

Posted
He doesnt have to pay tax on disability.

Then that is what he would need to explain.

You are correct on the differences with the I-134/864 in regards to the tax info, however, most embassies will require tax info to make a decision. (from what I have seen)

For example, the Ankara embassy in Turkey states this:

For Petitioner: Complete the original Form I-134, Affidavit of Support and its supplemental documents: W-2 and 1040 tax forms (for the last taxable year), bank and other financial statements and forward it to your relative. (if you are not qualified to sponsor your relative financially, you must find a co-sponsor who can present a Notarized Form I-134 and supplemental documents in addition to your Affidavit of Support. Also you must prepare a statement explaining why you did not pay any taxes to the U.S. Government during the last taxable year).

So you would need to check with the embassy your going to use.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: K-1 Visa Country: Sweden
Timeline
Posted
Then that is what he would need to explain.

You are correct on the differences with the I-134/864 in regards to the tax info, however, most embassies will require tax info to make a decision. (from what I have seen)

For example, the Ankara embassy in Turkey states this:

So you would need to check with the embassy your going to use.

Well i am Swedish but lived the past 20 years in Cyprus so it would be here in Cyprus i would go for an interview. So basically what you are saying is that he needs to explain why he hasn't paid any tax for the past years. I just talked to Larry and he said well if he needs to get a job to increase his income then thats what he will do. By the way..greetings to your wife...saw she's from Turkey. :thumbs:

I thank you for the information

Larry and Jaana

Posted
Well i am Swedish but lived the past 20 years in Cyprus so it would be here in Cyprus i would go for an interview. So basically what you are saying is that he needs to explain why he hasn't paid any tax for the past years. I just talked to Larry and he said well if he needs to get a job to increase his income then thats what he will do. By the way..greetings to your wife...saw she's from Turkey. :thumbs:

I thank you for the information

Yes, that is right - IRS/USCIS stick together :)

However if he cannot cover the poverty level on his current income, he will need to make more income (as he suggested) or get a co-sponsor.

Once again, some embassies do not like co-sponsors - so check for that also!

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

 
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