Length of time between I-129F and I-134?

[JNC 1]

Is it true that the I-134 is NOT required to be submitted with the I-129F?

If so, when will it usually be submitted? Will it only be needed to be taken with her to the Embassy at the time of the interview or is it needed before that date?

Along that same subject.... I have been living with her in the Philippines for the last two years, so have not needed to file Tax Returns in the USA. Will there be any problems when I provide my most recent Tax Return from 2009 and/or 2010?

Thanks!

J

[Inky 1,111]

- US citizens are required to file taxes regardless of where they are living in the world.

- The I-134 is done for the interview/USEM portion only. Has nothing to do with USCIS and the first part of the process.

[JNC 1]

inky - Thanks for the reply.

I already went to the IRS website and went through the questions regarding if I needed to file or not and it resulted in this reply from them:

Based on the information provided, you do not need to file a Federal Income Tax return for this year unless you need to receive a refund of payments already made.

There is many variables that decide if a return needs to be filed or not. It is not mandatory for everyone.

That's good news that the I-134 is not needed until her interview.

Thanks for the info!

[VanessaTony 3,567]

Actually you ARE required to file taxes every year in the US, regardless of where you are living. Of course though that is only if you earn sufficient income to have to file taxes as is the case in the US. If you didn't need to file taxes due to insufficient income you need to at least include a letter stating that with your I-134. As you didn't file taxes and therefore mustn't have sufficient income to file, you will need a co-sponsor.

You should know you need to return to the US to re-establish domicile and you will need a co-sponsor. The problem with the co-sponsor is that unless you are in school the Philippine embassy is unlikely to accept a co-sponsor for a K1 visa. It is a case-by-case basis but the standard seems to be that they will accept a co-sponsor if someone is in school (and therefore will have a higher income later), or just got out of school, but they won't unless that is the case OR you get someone to submit an i-864 instead of an I-134 (as the I-864 is binding). They still might not though. They do tend to accept a joint sponsors with a spousal visa (cr-1) though because of the binding i-864.

[Tahoma 2,292]

At the Embassy interview, how do you/your fiancée plan to show the consular officer a current sustained income that exceeds 125% of the poverty level for your household size?

Are you counting on using a cosponsor?

[JNC 1]

Tahoma - I will be returning to the USA in less than 2 months. I've already started looking for a job and have some very likely offers from some old bridges that I am glad I never burned....

Only after I get hired and start working, I will then file the I-129F. That would give me enough time (4-6 months???) to collect a few pay-check stubs and an employment letter, etc., that I can include with the I-134 when she goes for her interview.

After two years of living together, we've got plenty of proof of a real & genuine relationship....photos of us all over the Philippines, some of them have a banner or similar in the background with the date & location. Joint Bank Accounts, Bills, letters from Landlords, friends, etc, etc....and our age difference of only 9 years should also help. We know each other backwards & forwards and have no lies to tell or anything to hide during the application & interview process.

My concern is just the "missing" Tax Returns since I was in the Philippines with her for the last 2 years. I'm hoping that my being with her here will help justify (and outweigh) the inability to show those Tax Returns. If I am able to provide recent paycheck stubs and a letter from my employer showing proof of a current occupation that exceeds the poverty level requirements, I would hope that is sufficient for the Embassy.

What do ya think? I hope we are as fortunate as you and Chinook.

J

[Tahoma 2,292]

I like your plan of having a few paycheck stubs under your belt before the interview because the consular officers seem to look at current sustained income and annualize it. That means that you don't have to rely on a 2010 or a 2011 income/tax return to fulfill the income requirement. You just need to be working at a job which pays enough to fulfill the income requirement in order to prevent your fiancée from becoming a public charge in the U.S.

However, the missing tax returns are still a concern. Can't you back-file tax returns for the last two years even if you had no income? I'm not sure how that works. I'm just thinking it would be good to have something to show to the consular officer. You could also write a letter CO explaining your situation. Better yet, attend the interview and explain your situation in person.

[JNC 1]

I like your plan of having a few paycheck stubs under your belt before the interview because the consular officers seem to look at current sustained income and annualize it. That means that you don't have to rely on a 2010 or a 2011 income/tax return to fulfill the income requirement. You just need to be working at a job which pays enough to fulfill the income requirement in order to prevent your fiancée from becoming a public charge in the U.S.

However, the missing tax returns are still a concern. Can't you back-file tax returns for the last two years even if you had no income? I'm not sure how that works. I'm just thinking it would be good to have something to show to the consular officer. You could also write a letter CO explaining your situation. Better yet, attend the interview and explain your situation in person.

Thanks Tahoma...

I will start talking to a CPA about back-filing, to see if it's possible and/or necessary as far as the IRS is concerned.

I would love to attend the interview with her in Manila if possible...do they allow the guy to sit there with her? I will have to see how the job & finances are at that time to see if I can make it work.

What did you mean by letter "CO"?

I will definitely do your letter idea....and provide copies of my bank statements from my US bank, showing me here in the Philippines making puchases at local stores and buying airline tickets that match Passport Stamp dates, etc. Those bank statements also show me making purchases in the US on the short 2-3 week visits home that I did during my two year stay here, so everything matches and just makes sense.

Did you guys do everything yourself or through an agency or Attorney? At first I was really tempted to hire Olvis or similar, but I am thinking we can do this by ourselves.

Thanks again.

J

[kcir-is-love 4]

Actually you ARE required to file taxes every year in the US, regardless of where you are living. Of course though that is only if you earn sufficient income to have to file taxes as is the case in the US. If you didn't need to file taxes due to insufficient income you need to at least include a letter stating that with your I-134. As you didn't file taxes and therefore mustn't have sufficient income to file, you will need a co-sponsor.

You should know you need to return to the US to re-establish domicile and you will need a co-sponsor. The problem with the co-sponsor is that unless you are in school the Philippine embassy is unlikely to accept a co-sponsor for a K1 visa. It is a case-by-case basis but the standard seems to be that they will accept a co-sponsor if someone is in school (and therefore will have a higher income later), or just got out of school, but they won't unless that is the case OR you get someone to submit an i-864 instead of an I-134 (as the I-864 is binding). They still might not though. They do tend to accept a joint sponsors with a spousal visa (cr-1) though because of the binding i-864.

Your reply is very helpful. Thank you. my fiance is currently attending the academy right now to pursue his dreams of becoming a police officer. So, we will be needing a cosponsor? We are considering my aunt as a cosponsor.. She is from Seattle and she is willing to be a cosponsor. Would there be a problem? Thank you.

[Tahoma 2,292]

Thanks Tahoma...

I will start talking to a CPA about back-filing, to see if it's possible and/or necessary as far as the IRS is concerned.

I would love to attend the interview with her in Manila if possible...do they allow the guy to sit there with her? I will have to see how the job & finances are at that time to see if I can make it work.

What did you mean by letter "CO"?

I will definitely do your letter idea....and provide copies of my bank statements from my US bank, showing me here in the Philippines making puchases at local stores and buying airline tickets that match Passport Stamp dates, etc. Those bank statements also show me making purchases in the US on the short 2-3 week visits home that I did during my two year stay here, so everything matches and just makes sense.

Did you guys do everything yourself or through an agency or Attorney? At first I was really tempted to hire Olvis or similar, but I am thinking we can do this by ourselves.

Thanks again.

J

Yes, the U.S. Embassy Manila will allow you to sit in on the interview. "CO" is an abbreviation for consular officer, the person who will be conducting the interview.

We did everything ourselves. An attorney or a visa service only slows things down and adds unnecessary expense. If you read the guides here on VJ and ask questions in the forums, you can do it yourself too.

Besides, even if you hire someone to help you, you will still be the one who fills out the forms and provides the proof of meeting in person and the evidence of a relationship. You will give it to the attorney and it will sit on his desk until he puts a stamp on it and sends it in. My advice is to work on your visa journey together with your fiancée.