Another 1-134 Question...

[alexd 0]

My fiance and I are HOPING to see our NOA2 by January, but I have question regarding the Affidavit of Support. Just a bit of background... I lived in the Philippines from August 2009 until July 2011. It was during that time that we met and developed our relationship. I came back to the U.S. recently and have been employed since August. Obviously, I wasn't working in the U.S. during those two years I was abroad, and therefore, do not have W-2's or tax returns for that time period (CORRECTION: I DID file a tax return for the 2009 tax year because I did work up until August 2009, but did not earn any income for all of 2010). My parents are more than willing to be co-sponsors and more than exceed the income requirements to do so. I basically have 2 questions.

1. Per Part 1(n) of this document

http://photos.state.gov/libraries/manila/306605/atienzalb/Revised%20K1%20Instruction%20Packet%20_3_.pdf

Do I need to submit my parents' bank statements and/or employment letters? Or will their most recent tax return and W-2's suffice for co-sponsoring?

But more importantly,

2. Since I don't have tax returns or a W-2 for the 2010 tax year, do I STILL need to submit my most recent tax return and W-2 (e.g. 2009). Or (assuming the visa interview will be sometime in January 2012) will the USCIS be looking for a 2010 tax return/W-2 (since I will not have filed a tax return for 2011 by then) which, needless to say, I will not be able to produce?

[Zen Den 18]

My fiance and I are HOPING to see our NOA2 by January, but I have question regarding the Affidavit of Support. Just a bit of background... I lived in the Philippines from August 2009 until July 2011. It was during that time that we met and developed our relationship. I came back to the U.S. recently and have been employed since August. Obviously, I wasn't working in the U.S. during those two years I was abroad, and therefore, do not have W-2's or tax returns for that time period (CORRECTION: I DID file a tax return for the 2009 tax year because I did work up until August 2009, but did not earn any income for all of 2010). My parents are more than willing to be co-sponsors and more than exceed the income requirements to do so. I basically have 2 questions.

1. Per Part 1(n) of this document

http://photos.state.gov/libraries/manila/306605/atienzalb/Revised%20K1%20Instruction%20Packet%20_3_.pdf

Do I need to submit my parents' bank statements and/or employment letters? Or will their most recent tax return and W-2's suffice for co-sponsoring?

But more importantly,

2. Since I don't have tax returns or a W-2 for the 2010 tax year, do I STILL need to submit my most recent tax return and W-2 (e.g. 2009). Or (assuming the visa interview will be sometime in January 2012) will the USCIS be looking for a 2010 tax return/W-2 (since I will not have filed a tax return for 2011 by then) which, needless to say, I will not be able to produce?

1) are you implying that you don't meet the above-poverty required income? if not, find out first if you do or do not. if you do, they you don't need your parents to co-sponsor.

2) yes, because whatever is your most recent tax return is what you are required to submit. and then you can attach to the form certs from your current employer (showing that at present you have income) as well as bank statements and a letter of explanation perhaps as to why you don't have a 2010 tax return (they need it in writing)

[alexd 0]

1) are you implying that you don't meet the above-poverty required income? if not, find out first if you do or do not. if you do, they you don't need your parents to co-sponsor.

2) yes, because whatever is your most recent tax return is what you are required to submit. and then you can attach to the form certs from your current employer (showing that at present you have income) as well as bank statements and a letter of explanation perhaps as to why you don't have a 2010 tax return (they need it in writing)

Well, if one were to calculate how much I SHOULD make per year (based on my hourly rate), then yes, I do meet the income requirement. HOWEVER, I've only been working at this particular job since August. So I guess a better question would be, do they determine whether or not a person meets the income requirements by looking at ACTUAL earned income in the previous tax year, or do they look at what one SHOULD make (based on an hourly rate x 8 hours x 52 weeks)? Or do they look at both (e.g. more of a "big picture")? For example, will they see that I was, in fact, gainfully employed up until I moved to the Philippines...and then see that I was employed immediately after returning to the U.S.?

In short, if they were to look at my wages for the 2010 and 2011 tax year, my ACTUAL wages would only be what I made from August 2011 to the end of this year, which will be well-below the requirement. But if they look at how much I make per hour and do a projection of what I should make it a year, then I am well-above the requirement.

I do apologize for the verbosity, I (just like many others) just want to make sure I do everything right the first time