Previous years tax returns are less than poverty level but...

[bumblebeetuna 0]

Hi,

I've read a bunch of threads on this forums and gained an enormous amount of useful information. So, thanks in advance.

My fiancé is currently getting her police report and medical exam and will be scheduled her interview at the Tokyo embassy in the coming month or so. I'm now preparing the I-134 and I'm worried about my previous year's tax returns. I started my job in October, 2009, so my W-2 is only for about $5000 which is the total amount on my tax return. I'm making around $27k/year now as it's a full time position, so this should be more than the %125 poverty level.

Previously, I was working in Japan and making less than $80k/year so I was only being taxed by the Japanese government. I don't have American tax returns from those 2 years I was working in Japan and before that I was a full-time student and still dependent on my parents.

I have a letter from my employer stating my position, hours, pay, etc. Would this letter, my W-2, 1099, tax return, 2 months of pay stubs, and 2 months of bank statements be enough to prove I can support her? Also, my employer now is actually my Dad (family company) so would that be an issue at all?

One more thing... I've notice a lot of people go to the interviews with their fiancés... that will be impossible for me as I really can't afford it and I can't take off from work (I just went to visit her during Golden week last month and took off 5 days...). Is this a problem? Or is it just an advantage if you can manage to be there with them?

[trailmix 77]

Previously, I was working in Japan and making less than $80k/year so I was only being taxed by the Japanese government. I don't have American tax returns from those 2 years I was working in Japan and before that I was a full-time student and still dependent on my parents.

Hi,

Making less than 80k a year is not a reason to not file your U.S. tax return.

Each year, on the 1040 instructions there is a table. That table lists what the cutoff amount is for having to file a return, it all depends on how you would have filed, married filing separately, single etc.

So, have a look at the instructions for the years you did not file, if you are over the cut off amount (convert your foreign income to U.S. dollars at the average rate for that year, xe.com is a good site for that) - then you need to file your returns now.

[bumblebeetuna 0]

Hi,

Making less than 80k a year is not a reason to not file your U.S. tax return.

Each year, on the 1040 instructions there is a table. That table lists what the cutoff amount is for having to file a return, it all depends on how you would have filed, married filing separately, single etc.

So, have a look at the instructions for the years you did not file, if you are over the cut off amount (convert your foreign income to U.S. dollars at the average rate for that year, xe.com is a good site for that) - then you need to file your returns now.

You're correct, I should have filed for 2008 and 2007 but unfortunately my employer gave me bad information and I never did. I know I don't owe any back taxes for those years but in order to file them now it would take longer than she has until the validity of her I-129f petition expires.

Regardless of the tax situation, the job I held in Japan really has no bearing on my ability to support her now since I am working at a completely different company and in a totally different field.

Has anyone sent just 1 tax return/w-2/1099 along with the other documents I mentioned and been successful? Even if the total earned income for the previous year was less than the federal poverty level but this year will be more?

[trailmix 77]

It's a requirement of the I-864. I believe you when you say that your job in Japan has no bearing on your ability to support your fiancee', however, it is a requirement of the I-864, it's not optional.

I will use our situation as an example, although it wasn't in Japan. I am the sponsor, I was not employed at the time we submitted the I-864. I had never filed a U.S. tax return, when I found out that I had to I filed 3 years worth.

I submitted the most recent with the I-864, plus proof of assets - all good.

At my Husband's interview in Montreal they wanted to see the previous 2 years, which he had with him. If he had not had those with him, I doubt they would have issued the visa that day.

All that aside, as I mentioned above, it's a requirement. Question 25 asks:

"I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year".

How do you plan on answering that?

[bumblebeetuna 0]

It's a requirement of the I-864. I believe you when you say that your job in Japan has no bearing on your ability to support your fiancee', however, it is a requirement of the I-864, it's not optional.

I will use our situation as an example, although it wasn't in Japan. I am the sponsor, I was not employed at the time we submitted the I-864. I had never filed a U.S. tax return, when I found out that I had to I filed 3 years worth.

I submitted the most recent with the I-864, plus proof of assets - all good.

At my Husband's interview in Montreal they wanted to see the previous 2 years, which he had with him. If he had not had those with him, I doubt they would have issued the visa that day.

All that aside, as I mentioned above, it's a requirement. Question 25 asks:

"I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year".

How do you plan on answering that?

Well, first of all, I'm sending her a I-134 (which the embassy told us to use), not an I-864. We're going through the K-1 (fiance) visa process.

Secondly, on the "instructions for the I-134" (http://www.uscis.gov/files/form/i-134instr.pdf), the supporting evidence required doesn't even mention tax returns (unless self employed), w-2s, or 1099s. They only list a letter from a bank officer, statement from an employer, and information about any bonds owned.

Also, I don't know what you mean when you say "Question 25." Question 25 where?

[JimVaPhuong 4,863]

Well, first of all, I'm sending her a I-134 (which the embassy told us to use), not an I-864. We're going through the K-1 (fiance) visa process.

Secondly, on the "instructions for the I-134" (http://www.uscis.gov/files/form/i-134instr.pdf), the supporting evidence required doesn't even mention tax returns (unless self employed), w-2s, or 1099s. They only list a letter from a bank officer, statement from an employer, and information about any bonds owned.

Also, I don't know what you mean when you say "Question 25." Question 25 where?

Forget the instructions for the I-134. They were written by USCIS, and are a legacy from the days when USCIS used the I-134 as it's primary affidavit of support. USCIS has since replaced it with the I-864, which is a legally binding contract. Consulates still use the I-134 for screening certain applicants of non-immigrant visas like K1's. Follow the instructions you get from the consulate. Every consulate I'm aware of will require you to submit at least the most recent years tax return or IRS transcript. Some consulates will require tax returns or transcripts for the most recent 3 years. Others may only ask for an additional two years of tax returns if the most recent year's return doesn't show sufficient income to qualify a sponsor. The bottom line is you must provide what the consulate asks for or your affidavit of support will be rejected.

Most US citizens and legal residents who are working abroad are still required to file a tax return with the IRS, but they can usually offset any taxes owed with taxes which were required to be paid to a foreign government.

Trailmix was talking about question 25 on the I-864, which you will have to submit with the AOS application after your fiancee arrives in the US and you get married.

Your most recent tax return by itself will not be enough to qualify you. By the time your fiancee goes to her interview it sounds like you'll have 3 months worth of pay stubs and bank statements. Hopefully, that will be enough to satisfy the consulate. I doubt that you working for your dad's company will make any difference to them, one way or the other. You can probably avoid being asked for an additional two years of tax returns by getting your dad to co-sponsor. He would need to fill out an I-134 and submit a copy of his tax return for the most recent tax year, or anything else the consulate asks for.

Bear in mind that you're going to have to do this again when you file the I-864. As trailmix said, you have to declare that you've filed a tax return for the previous 3 years, and provide at least the most recent years tax return. You can also submit pay stubs and such with the I-864, but it's optional evidence. If you don't clearly qualify based on your tax return, then you're asking USCIS to make a judgment call. You can also submit a joint sponsor with the I-864.

Attending the interview with your fiancee is almost always recommended. At some consulates it is virtually required (Ecuador, for example). At other consulates it isn't required, but can make a big difference in whether or not the applicant gets a visa. It's less of a factor in low fraud countries, which I suspect is the case with Japan. I wouldn't be overly concerned about not being able to attend.

[missingmykiwi 0]

It's not hard to file the back tax returns. Simply go to an H&R Block, its easy as pie and not that expensive. Than all you need is a PHOTOCOPY of the returns. They file the forms electronically for you. You could get it done in a day, just show them your pay stubs or whatever the Japanese gov gave you for when you worked in Japan. As others have stated, you will need those tax returns at some point during the K-1 process. (That is how my now husband came over from New Zealand, using K-1)

Also, I was not at the interview and I know many many others on K-1 visa that were not there for interviews (no way I was traveling to NZ again) He went alone and had no problems. I am sure some countries are different, so check ahead with the consulate.

Good luck!