Petitioner only recently returned to USA

[nattrav 0]

Hi,

is anyone in a similar situation or has experience about this?

My fiance and I (I'm British, btw) met whilst living and working in Moscow, we then moved to Spain together to work, in total having spent the last FIVE YEARS out of the USA.

He returned to the USA in July, filed our application, became employed within 9 days of return to the US.

We have just had our NOA2 with approval of our apllication.

We are gathering info that we need for the next stage - my query is that he ...

1. has no tax returns for the last 5 years as he was out of the USA

2. he has only had his bank account open for 6 months.

3. he has only worked for 6 months, so only has payslips for six months.

We have completed the I 134, and are having a letter prepared by his boss with his wages info ( his income is double the 125% poverty level needed) and a letter from the bank as well.

My concern is that because we only have 6 months of info, this may not be enough to prove he can support me.

We would prefer to not have a co sponsor, but are looking into this at the moment.

I have plenty savings of my own, which are easily accessible as cash - doe anyone know of a form / letter that i could complete to prove this? I have bank statements for a few years, a letter from my accountant, and a letter from my bank manager.

However, I know that it is the USA citizens responsibilty, not mine! so What can I do?

I have read on the US Embassy London website that the US citizen can 'offer a bond to guarantee the fiance would not use social security' ( i paraphrase)

BUT - can I offer a bond? surely my money is just as good as his? surely ME taking responsibilty for myself is acceptable? My family and I are wealthier than he is - surely this is a good thing? that i am able to look after myself and not using this visa for monetary gain?

I am more than willing to put my 'money where my mouth is'

Does anyone know if I can? i have read so much online at varous government websites but there still seems to be no definitive answer.

I dreas going into the interview and being denied. as we all do, obviously!

All and any info / links / ideas would be much appreciated!

Thanks in advance!!

[Nich-Nick 3,353]

First of all, a US citizen is obligated to file a return, even if not living or working in the US. Publication 54 from the IRS will explain it. Here's a link to the online info, but you can also pull up the actual publication. If he earned less than $9K-ish, then he wouldn't have to file for those years. It doesn't mean that he would owe taxes, but he would have to document his worldwide income and taxes he paid abroad. Maybe he can do the 2009 return late and use that. Or he could do a 2010 return in time for your interview. One return is enough. At least get the 2010 going so it's ready for AOS.

I think what you have now is actually going to be okay for London's purposes. The income is based on current income, not what last years tax return says. He's got 6 months of solid proof with the paystubs and a letter from the employer. London is also one consulate that allows the beneficiary to self sponsor. Take your financial papers to show your assets if needed. You'll be there in person to explain your stuff, but I think his will be adequate.

In the "olden days" like 2008, London used to mail out a paper package 3. It gave a list of how to prove income and said bring at least two from this list. So a tax return was a suggested item, but it indicated it was not a must. The person at the first window will no doubt ask "where is the tax return?" because that's what everybody brings. But I think you would get by saying "he didn't file one in 2009 because he lived in Spain", but I have this, this and this as proof of his income. You will most definitely have to resolve the tax return for the AOS application. But for the visa in London, I think it will be fine when they see he makes 2x poverty limit. And again, by the end of January, he will have a W2 from his current employer and can file his 2010 return. Your interview won't come that fast. You can explain in person that the W2 only covers half the year if it's not quite up to the proper level.

London is not that difficult and the interview is a friendly chat where you convince the guy you won't go on welfare with your proofs. But do get all your needed police certificates from those other countries as well as your long-form version of the UK birth certificate. They are strict about having those kinds of documents.

[YuAndDan 153]

Moving to consulate embassy forum, I-134 comes up at interview, not when filing the petition.

1. Should file the past years IRS returns, US Citizens may be exempt from paying tax on foreign income, HOWEVER are NOT exempt from filing a return every year.

2. This should be fine as long as there is $$ in the account. Bank account is counted as an Asset, Income evidence is better.

3. This will be fine too, can estimate annual income from the pay stubs, and shows consistent income, also a letter from employer shows will continue.

I would have a joint sponsor lined up just in case, you can hand over your fiancee's I-134, and if the VO asks for a joint sponsor you can pull out the joint's I-134 and hand it over to if needed.

[nattrav 0]

Sigh of relief....

Good to know London is a fairly friendly place - and that they allow the recipient to 'self sponsor'

Have you seen this in writing anywhere? i will check the embassy website again to see if they have more info

I have the police records and my long version birth certificate - ready for a few months now! had to get 5 different police checks from around the world!!

I also plan to bring the 2 visas I have had for the USA before - J1 work and study exchange for a year visas - to prove that in those two years - 1997 / 2003, I did not use social security, and left when my visa expired and i have my criminal background check from the two US states i lived and worked in to prove i was never in trouble with the law!

i really see no reason why they wouldn't accept what we have, and why they would object to my offer of putting up a bond, but sometimes the amount of info / lack of info / conflicting info gets me worried!

thanks for your response - much appreciated...

[nattrav 0]

Moving to consulate embassy forum, I-134 comes up at interview, not when filing the petition.

Yes - we have received the notice of approval, so are now waiting for our packet 3, to arrange the medical and interview

1. Should file the past years IRS returns, US Citizens may be exempt from paying tax on foreign income, HOWEVER are NOT exempt from filing a return every year.

Really?? i believe you but damn...this may cause bother as he hasn't - i'll find out if he can file them now - any suggestions?

I would have a joint sponsor lined up just in case, you can hand over your fiancee's I-134, and if the VO asks for a joint sponsor you can pull out the joint's I-134 and hand it over to if needed.

This is a good suggestion, kind of what I had been thinking - i'll get moving on this - do you know if we would need all the financial papers to go with the co sponsor's I 134? or would the form suffice? or would i need bank statements / paychecks etc ( the person who might co sponsor is also self employed)

thanks for help

[YuAndDan 153]

Sigh of relief....

Good to know London is a fairly friendly place - and that they allow the recipient to 'self sponsor'

Have you seen this in writing anywhere? i will check the embassy website again to see if they have more info

I have the police records and my long version birth certificate - ready for a few months now! had to get 5 different police checks from around the world!!

I also plan to bring the 2 visas I have had for the USA before - J1 work and study exchange for a year visas - to prove that in those two years - 1997 / 2003, I did not use social security, and left when my visa expired and i have my criminal background check from the two US states i lived and worked in to prove i was never in trouble with the law!

i really see no reason why they wouldn't accept what we have, and why they would object to my offer of putting up a bond, but sometimes the amount of info / lack of info / conflicting info gets me worried!

thanks for your response - much appreciated...

Recipient to self sponsor would need to show if and how will transfer money to the USA as an asset.

London use to provide this information on their site, but since removed this and only indicate I-134.. http://london.usembassy.gov/interview_documents.html

[Nich-Nick 3,353]

Here's the London link talking about support and applicants own funds.

http://london.usembassy.gov/faffidavit.html

If you fiance shows proof that he is currently earning in the $30-40 thousand range, everything will be fine. I don't think you have to worry about posting bonds, etc.