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Filed: K-1 Visa Country: Norway
Timeline
Posted

Earlier this month I received the NOAA2 letter, and then, two weeks to the day, my fiance received the packet with further instructions. One of those was the I-134 form which I am currently filling out. The letter from my work is no problem; I've been employed with the same company for thirteen years. Letters from my bank and my credit union are in the works, and I've filled out the I-134 form itself.

However, I'm not sure about tax returns and paycheck stubs. Reading the instructions, I'm not seeing where I'm being required to submit these... but from reading online, I keep hearing about how people have done that (and presumably aren't self-employed). What am I missing?

Paycheck stubs aren't a problem. However, my tax returns might be. My 2009 and 2008 tax returns are simple and straightforward. On my 2007 return, I filed "Married" even though I was in my last month of divorce proceedings from my ex-wife, because in 2007 I was married. I do have my tax form (from my employer) that shows what I personally made in 2007. Do I have a reason to worry?

My second question is a bit happier. When we planned our wedding, we knew that we wouldn't be able to lock down a date precisely because the paperwork was going to move at Government Speed. Happily enough, things are moving faster than expected... to the point that she may receive the K-1 visa much sooner than expected. Are there any issues with simply having the civil marriage paperwork filled out shortly after her arrival and submitted in accordance with the K-1 visa requirements, then having the "actual wedding" at a point in the future? Does the government care?

Thanks for your time,

Jim and Merete

Our Relationship

2007 Fall : We meet online and become good friends

2008 Summer : Our relationship becomes stronger and we fall in love without knowing it

2009 Spring : We meet in person... and everything just "clicks"

2010-01-07 : I propose... and she says yes!

Our K-1 Journey

2010-03-19 : I-129F Sent

2010-03-25 : NOA1

2010-05-14 : NOA2

2010-05-16 : NVC Received

2010-05-18 : NVC Left

2010-05-20 : Consulate Received

2010-05-26 : Packet 3 Received

2010-07-10 : Packet 3 Sent

2010-07-19 : Medical exam in Stavanger

2010-07-20 : Packet 4 Received

2010-08-04 : Interview in Oslo - APPROVED!

2010-08-26 : Port-Of-Entry, Los Angeles

2010-09-10 : Married!

Adjustment of Status

2010-10-29 : I-485 / I-765 / I-131 and related documents sent

2010-11-04 : Email notification, documents received

2010-12-02 : Website says I-765 and I-131 approved and to wait 30 days for the cards to arrive...

2010-12-08 : Biometrics appointment in Los Angeles. Very smooth, zero problems.

2010-12-14 : I-485 case transferred to CSC

2011-01-03 : Called USCIS because EAD and AP never recieved by us.

2011-01-18 : EAD received

2011-02-01 : I-485 Approved! Strangely enough, AP arrives in the mail; guess it was refiled on our behalf.

2011-02-04 : Green card in hand!

Posted

It does not say they are required, however most consulates have the expectation that this will be provided.

Just send the past two years - that will be fine. Make sure if you send copies of your actual tax returns that you send w2's and all forms and schedules filed with your return. If you go with transcripts, then the transcript itself is enough.

No problem with having a civil ceremony - its very common. You can plan something formal later if desired.

For comparison sake - I sent two years tax returns, letter of employment, 6 months of pay stubs and bank statements (not a letter from the bank).

We had a civil ceremony.

6/15/2009 Filed I-129F

12/15/2009 Interview (HCMC, VN)

1/16/2010 POE Detroit

3/31/2010 MARRIED !!!

11/20/2010 Filed I-485

12/23/2010 Biometrics (Buffalo, NY)

12/31/2010 I-485 Transfered to CSC

2/4/2011 Green Card received

1/7/2013 Mailed I-751 package

1/14/2013 I-751 NOA (VSC)

2/07/2013 Biometrics (Buffalo, NY)

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Earlier this month I received the NOAA2 letter, and then, two weeks to the day, my fiance received the packet with further instructions. One of those was the I-134 form which I am currently filling out. The letter from my work is no problem; I've been employed with the same company for thirteen years. Letters from my bank and my credit union are in the works, and I've filled out the I-134 form itself.

However, I'm not sure about tax returns and paycheck stubs. Reading the instructions, I'm not seeing where I'm being required to submit these... but from reading online, I keep hearing about how people have done that (and presumably aren't self-employed). What am I missing?

Paycheck stubs aren't a problem. However, my tax returns might be. My 2009 and 2008 tax returns are simple and straightforward. On my 2007 return, I filed "Married" even though I was in my last month of divorce proceedings from my ex-wife, because in 2007 I was married. I do have my tax form (from my employer) that shows what I personally made in 2007. Do I have a reason to worry?

My second question is a bit happier. When we planned our wedding, we knew that we wouldn't be able to lock down a date precisely because the paperwork was going to move at Government Speed. Happily enough, things are moving faster than expected... to the point that she may receive the K-1 visa much sooner than expected. Are there any issues with simply having the civil marriage paperwork filled out shortly after her arrival and submitted in accordance with the K-1 visa requirements, then having the "actual wedding" at a point in the future? Does the government care?

Thanks for your time,

Jim and Merete

For the affidavit of support, provide what the consulate specifically asks for. Anything you provide beyond that is your own discretion. If you are well qualified based on income alone then a copy of your tax return and a letter of employment should be enough. The rest of the evidence - paystubs, bank statements, etc. - is superfluous, and would only be helpful if your income is marginal, or you need to use assets (like cash in the bank) to help you qualify.

Your tax return from 3 years ago should not be a problem. If you were married at the end of 2007 then you are eligible to claim married filing status. If you provided a divorce decree that proves your divorce was granted in 2008, then there's no reason for the consulate to question any of it.

When you say civil marriage paperwork "filled out and submitted", exactly what are you referring to? Do you mean you'll have a civil wedding ceremony, or just get a marriage license? What are you talking about submitting, and to whom are you going to submit it? Are you talking about submitting the civil marriage certificate to USCIS?

You can have as many ceremonies as you like. You can have only one legally binding wedding. That legally binding wedding must take place within 90 days of entry with the K1. If the "actual wedding" you refer to is a non-binding ceremony or a renewal of marriage vows, then there's no problem. However, you can't have a second legally binding wedding (second marriage license signed by the priest/pastor/rabbi/imam), nor can you postpone the legally binding wedding until after the 90 day period.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: K-1 Visa Country: Philippines
Timeline
Posted

for the I-134 I just gave them the employer letter and a copy of my bank statement,

after marriage and you fill out the other support document, then they want the tax form, I didn't give them any check stubs or employer letter or bank statements with that, but at interview time, they wanted it.

 
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