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Filed: K-1 Visa Country: Netherlands
Timeline
Posted

Hi!

Ok so basically my fiance, the USC, got a job that is over the 125% poverty requirement, but he has been unemployed for the last few years, received no handouts from the goverment and has had financial help from his brother in that time. Because this will be his first tax return will this affect the process?

Unfortunately his brother won't be able to be a co-sponsor so we are hoping the tax return issue won't be as important as he has the job security required.

I would love to get some feedback if someone has any information regarding this :)

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Current and continuing income is what he needs to prove to support a K1 petition. If he was not required to file a tax return in the last 2 or 3 years he will need to submit an explanation / affidavit later on at the Adjustment of Status phase. It may be prudent to create that affidavit now to have available if the interviewing CO requests additional information.

The standards of the I-864 are typically applied to the I-134 supporting a K1 petition.

See the form I-864 instructions to learn more about this affidavit. This I-864 FAQ can also help answer questions >> http://travel.state.gov/visa/immigrants/info/info_3183.html#30

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

 
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