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K1 Affidavit of Support - 2010 Taxes Not Done

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Filed: K-1 Visa Country: Philippines
Timeline

Hello,

For 2007 and 2008 I was a business owner and averaged over $65,000 a year in salary. In 2009 I had to turn back my ownership percentage to my partners. I did however work half of 2009 and made approximately $35,000 usd that year. During 2010 I traveled and lived off of savings as I was exploring new business opportunities.

Instead of starting a new business, I got a job with the State of California working with the Department of Corrections and Rehabilitation. I began the job December of 2010 and have gotten 2 monthly paychecks already.... 1 for December 2010 and 1 for January 2011. My monthly gross salary is $2,600 per month approximately and I have no dependents or deductions for alimony / child support ect.

At this moment, I dont have anyone who is comfortable being a co-sponsor due to the length of time commitment.

I have some specific questions:

1. The print outs I have titled (Wage and Income Transcript) - Is that the same as a Tax Transcript?

(fyi - if it is not - I did speak with the IRS yesterday and they said that they could fax a Tax Transcript as long as I was on the phone and standing at the fax machine and that the transcripts were for me since I was the one requesting it. When I finally got to an operator to direct my call - she said I have to ask to be transfered to "Live Help" regarding the tax transcript. If you don't ask for "Live Help" and make it clear you need to talk to someone - then they will transfer you to the automated ordering service.

2. For a fiance visa K1 - for manila (we are not married - just engaged) - do I file the I864 or the I134?

3. I am wondering if it is best to write an explanation letter describing that during 2010 I traveled and lived off savings, but am employed now with very stable job - or do I just send the Official Tax Transcript for 2009?

I am thinking it is better to say that 2010 is not filed yet (since it is not due till April 15, 2011) - that it is permissable to use the 2009 info. I want to be compliant, but also offer info that is best looking in my favor.

Any opinions or others facing the same situation who had income in 2009 - but not enough 2010 income to meet the poverty guidelines - but who now have new job that would provide in excess of the poverty guidelines?

Key for this I'm thinking is if they take my salary and annualize it ($2,600 x 12) they will see that it is above the 125% required. Yes $30,000 isn't a lot - but managed right it is sufficient. The other thing I can send is that during the past year I have wired via western union in excess of $8,500 usd to my fiance to accomplish things we needed to do there so it shows that I was able to provide for her and my needs during the time we are apart. That being said now however - my personal savings is lower than I prefer ($8,000) in bank, but I'm stable and climbing my way back up. I don't own a home or other assets.

I also have a bachelor's degree and am currently applying to become an officer with the department which would increase my salary from $30,000 per year as an admin person to $50,000 per year as an officer.

In a perfect world, the interviewer will look at my 2007 to 2009 transcripts and see my income, understand that I traveled and spent almost 6 months living with my fiance in the philippines, look at the fact that I have a stable state job and also the fact that I have documented support and an ongoing relationship with my fiance.

So in conclusion - which form I864 or I134? And do I just take a swing at it and see what they say?

Thanks for any thoughts.

Chris

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Filed: Other Country: China
Timeline

Hello,

For 2007 and 2008 I was a business owner and averaged over $65,000 a year in salary. In 2009 I had to turn back my ownership percentage to my partners. I did however work half of 2009 and made approximately $35,000 usd that year. During 2010 I traveled and lived off of savings as I was exploring new business opportunities.

Instead of starting a new business, I got a job with the State of California working with the Department of Corrections and Rehabilitation. I began the job December of 2010 and have gotten 2 monthly paychecks already.... 1 for December 2010 and 1 for January 2011. My monthly gross salary is $2,600 per month approximately and I have no dependents or deductions for alimony / child support ect.

At this moment, I dont have anyone who is comfortable being a co-sponsor due to the length of time commitment.

I have some specific questions:

1. The print outs I have titled (Wage and Income Transcript) - Is that the same as a Tax Transcript?

(fyi - if it is not - I did speak with the IRS yesterday and they said that they could fax a Tax Transcript as long as I was on the phone and standing at the fax machine and that the transcripts were for me since I was the one requesting it. When I finally got to an operator to direct my call - she said I have to ask to be transfered to "Live Help" regarding the tax transcript. If you don't ask for "Live Help" and make it clear you need to talk to someone - then they will transfer you to the automated ordering service.

2. For a fiance visa K1 - for manila (we are not married - just engaged) - do I file the I864 or the I134?

3. I am wondering if it is best to write an explanation letter describing that during 2010 I traveled and lived off savings, but am employed now with very stable job - or do I just send the Official Tax Transcript for 2009?

I am thinking it is better to say that 2010 is not filed yet (since it is not due till April 15, 2011) - that it is permissable to use the 2009 info. I want to be compliant, but also offer info that is best looking in my favor.

Any opinions or others facing the same situation who had income in 2009 - but not enough 2010 income to meet the poverty guidelines - but who now have new job that would provide in excess of the poverty guidelines?

Key for this I'm thinking is if they take my salary and annualize it ($2,600 x 12) they will see that it is above the 125% required. Yes $30,000 isn't a lot - but managed right it is sufficient. The other thing I can send is that during the past year I have wired via western union in excess of $8,500 usd to my fiance to accomplish things we needed to do there so it shows that I was able to provide for her and my needs during the time we are apart. That being said now however - my personal savings is lower than I prefer ($8,000) in bank, but I'm stable and climbing my way back up. I don't own a home or other assets.

I also have a bachelor's degree and am currently applying to become an officer with the department which would increase my salary from $30,000 per year as an admin person to $50,000 per year as an officer.

In a perfect world, the interviewer will look at my 2007 to 2009 transcripts and see my income, understand that I traveled and spent almost 6 months living with my fiance in the philippines, look at the fact that I have a stable state job and also the fact that I have documented support and an ongoing relationship with my fiance.

So in conclusion - which form I864 or I134? And do I just take a swing at it and see what they say?

Thanks for any thoughts.

Chris

The transcript you'll want is a "Tax Return Transcript", not a wage and income. In your shoes, I would complete the affidavit stating my current annual income and pay stubs to document that income. If you provide any tax returns or transcripts, provide 07, 08 and 09 if the interview is before April 15 and you should be OK. Technically, no tax returns are required but I would show them anyway. If you can also show some liquid assets, that will help. A letter of explanation may also help.

Be advised that Manila almost never allows a cosponsor for a K1 visa anyway. When they do, it's usually for a recent or soon to be college graduate with parent as cosponsor.


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Filed: Lift. Cond. (apr) Country: Cuba
Timeline

I'm in the same situation as Chris regarding sufficient 2007, 2008, 2009 income, and insufficient 2010 income, but did start a new job late 2010 that will provide sufficient income moving forward. Unfortunately our interview will definitely be after the April 15 tax deadline, so I'm also wondering if recent paystubs, along with an employer letter stating that I'm in a full-time/permanent position would be adequate. I hate to risk not showing any tax returns (although supposedly not required), but if I do, I will need to show the insufficient 2010 tax return as well. Any more thoughts would be greatly appreciated.

Beau

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Filed: AOS (apr) Country: Philippines
Timeline

moving thread to:

US Embassy and Consulate Discussion

This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.


YMMV

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Just to let you know, my fiance is in the PA NG, earns way less than you, we had no tax returns because he is a fresh grad and started working 2010 but we got approved anyway! To me it seems you will be fine.

PS. from Manila too! :)


My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

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Filed: K-1 Visa Country: Philippines
Timeline

The transcript you'll want is a "Tax Return Transcript", not a wage and income. In your shoes, I would complete the affidavit stating my current annual income and pay stubs to document that income. If you provide any tax returns or transcripts, provide 07, 08 and 09 if the interview is before April 15 and you should be OK. Technically, no tax returns are required but I would show them anyway. If you can also show some liquid assets, that will help. A letter of explanation may also help.

Be advised that Manila almost never allows a cosponsor for a K1 visa anyway. When they do, it's usually for a recent or soon to be college graduate with parent as cosponsor.

I'm also in similiar situation as Chris and coincidently my name is Chris also. I have 0 income for 2010, my fiance and I have been living together in the philippines off of my savings acct.. I have more than sufficient income for years 2007-2009. I was told by another person that helps others with visa that they will be asking for a current tax return for 2010 when you go for your interview at the Manila consulate. Is this really not the case? Will they just ask for your proof of support document which I believe is the I-134. What is the Tax Return Transcript? I was also told on this website that I could file a 0 income tax return. So which is best to have the Tax Return Transcript or the 0 Income Tax Return for 2010? I have suffienct monies in savings and Individual Retirement Account to cover 3 years of support. But I also have a co-sponsor as a safety net. Why is it that the manila consulate rarely excepts co-sponsors? I expect my NAO2 any day now. I'm in the U.S. looking for work but haven't found any yet, so I'm thinking of just going back to the philippines to help my fiance through the last part of the visa.

I appreciate any and all input on this matter.

Thanks

Chris


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Filed: K-1 Visa Country: Philippines
Timeline

I'm also in similiar situation as Chris and coincidently my name is Chris also. I have 0 income for 2010, my fiance and I have been living together in the philippines off of my savings acct.. I have more than sufficient income for years 2007-2009. I was told by another person that helps others with visa that they will be asking for a current tax return for 2010 when you go for your interview at the Manila consulate. Is this really not the case? Will they just ask for your proof of support document which I believe is the I-134. What is the Tax Return Transcript? I was also told on this website that I could file a 0 income tax return. So which is best to have the Tax Return Transcript or the 0 Income Tax Return for 2010? I have suffienct monies in savings and Individual Retirement Account to cover 3 years of support. But I also have a co-sponsor as a safety net. Why is it that the manila consulate rarely excepts co-sponsors? I expect my NAO2 any day now. I'm in the U.S. looking for work but haven't found any yet, so I'm thinking of just going back to the philippines to help my fiance through the last part of the visa.

I appreciate any and all input on this matter.

Thanks

Chris


1437896feakg273jp.gif

471651fatxn3j13g.gif

c.gifh.gifr.gifi.gifs.gifa.gifn.gifa.gif

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