Manila Interview on Jan 19

[mdog1156 0]

My Fiancee has her interview in Manila next week for her K-1 visa and we have everything that has been asked for and then some. My only problem is I was unemployed last year and made no money and therefore didn't file any tax return. However I have been employed for just over a year with a stable company above the poverty level. I have sent her pay stubs as well as my bank statement and a letter from my employer. On the instructions for filling out the I-134 it says that a tax return is only needed if you are self employed. I have seen here that they will ask for it. Will this be a problem? I really have no way of giving this and my previous tax returns were filed jointly with my ex wife. Any help would be appreciated. Thanks

Michael

[Tr. J 0]

My Fiancee has her interview in Manila next week for her K-1 visa and we have everything that has been asked for and then some. My only problem is I was unemployed last year and made no money and therefore didn't file any tax return. However I have been employed for just over a year with a stable company above the poverty level. I have sent her pay stubs as well as my bank statement and a letter from my employer. On the instructions for filling out the I-134 it says that a tax return is only needed if you are self employed. I have seen here that they will ask for it. Will this be a problem? I really have no way of giving this and my previous tax returns were filed jointly with my ex wife. Any help would be appreciated. Thanks

Michael

Hello! My friend per US Embassy :

EVIDENCE OF SUPPORT. You should be able to demonstrate that you will not become a public charge or be a burden on the U.S. taxpayers for financial support. A completed I-134 Affidavit of Support Form will be useful to the consular officer to evaluate your petitioner’s ability to be financially responsible for you. You should also submit your petitioner’s most recent U.S. Federal income tax return (Form 1040) and wage statements (Form W-2). Employment letters stating salaries and bank statements may be included to substantiate the I-134. Download Form I-134 at http://www.uscis.gov/portal/site/uscis.

I hope this will help you..

[mdog1156 0]

Hello! My friend per US Embassy :

EVIDENCE OF SUPPORT. You should be able to demonstrate that you will not become a public charge or be a burden on the U.S. taxpayers for financial support. A completed I-134 Affidavit of Support Form will be useful to the consular officer to evaluate your petitioner’s ability to be financially responsible for you. You should also submit your petitioner’s most recent U.S. Federal income tax return (Form 1040) and wage statements (Form W-2). Employment letters stating salaries and bank statements may be included to substantiate the I-134. Download Form I-134 at http://www.uscis.gov/portal/site/uscis.

I hope this will help you..

Thanks for your response but no it really doesn't help. I have seen that and like I said if you look at the directions for filling out the I-134 it says you only need a 1040 if you are self employed. Even this paragraph above says you "SHOULD" submit most recent 1040, it doesn't say you "MUST". Has anyone gone through this without submitting a 1040?

[Hank_ 9,174]

I have read on the 134C instructions a tax return is only needed for the self-employed but have read on here where the Manila Embassy will ask for one just the same sometimes. I would write a letter stating what you said here - that you were not working, address the issue up front. You gave them all the evidence you have now that you have been working full time.. it is what it is, the cards will fall as they may.

[Tr. J 0]

Thanks for your response but no it really doesn't help. I have seen that and like I said if you look at the directions for filling out the I-134 it says you only need a 1040 if you are self employed. Even this paragraph above says you "SHOULD" submit most recent 1040, it doesn't say you "MUST". Has anyone gone through this without submitting a 1040?

Oh sorry if it didn't help you but everything you see on the thing that I sent you I submitted from my husband. At first he has the same thing you said that it is not a MUST. If you don't want to go under 221 g like us better give what they need as stated in their requirements.

Thank you again.

[southcalhog 43]

Oh sorry if it didn't help you but everything you see on the thing that I sent you I submitted from my husband. At first he has the same thing you said that it is not a MUST. If you don't want to go under 221 g like us better give what they need as stated in their requirements.

Thank you again.

You Right the Cos have broad discretion to ask for what they want to ask for. of course they go by the Law but they can and will deviate somewhat if they need or suspect something out of the norm. Particularly the Filipino Pre-Screeners that pass notes on to the CO! Its better to read PI Consulate reviews for opinions of others during their Interviews!! Good Luck!

[Stangman 7]

I'm under 221(g) MNL-IV-22 for 2010 tax return. Actually I gave her my 2010, W2 and Tax Transcript from the IRS and they still did not accept it. They want the W2 and form 1040. I didn't make enough in 2010, but I did in 2011, so I sent both with recent check stub. Should know something in the next week or so.

Since you don't have 2010 data, I strongly suggest filing your 2011 taxes, giving her your 2011 W2 and 2011 From 1040 so she can give to the CO. I'm the manager at my place of business so I have access to our online payroll and was able to print out the W2 instead of waiting for it. Contact your boss and see if they can do the same for you.

Whether is says SHOULD or MUST - doesn't matter.. take it from those of us who just went through it and try and avoid what we're going through now. They WILL make sure you can support her before letting her come to the US, and it seems like they MUST HAVE the W2 and Form 1040.

[Tahoma 2,292]

I was unemployed last year and made no money and therefore didn't file any tax return. However

I have been employed for just over a year with a stable company above the poverty level.

I really have no way of giving this and my previous tax returns were filed jointly with my ex wife.

I'm confused. First, you say you were unemployed last year. Then you say you have been employed for just over a year. Which is it? It can't be both.

Nevermind the instructions on the I-134. Instead, follow the Embassy's requirements and recommendations, and follow the advice of those who have been through the process at the U.S. Embassy Manila.

You will need to submit either an income tax return or a written explanation of why you don't have one.

I will assume that you were unemployed in 2010, and that you worked in 2011. If that's the case, you will be approved because the Embassy will see that your annualized current sustained income exceeds 125% of the poverty level for your household size, and that you submitted the paycheck stubs and the employers letter to prove it.

By the way, if your ex won't give you your 2009 and 2008 income tax returns, and if you think the tax returns would help your case, you could submit income tax transcripts from 2009 and 2008 rather than income tax returns. It never hurts to build a better case.

[Stangman 7]

..you could submit income tax transcripts from 2009 and 2008 rather than income tax returns. It never hurts to build a better case.

That really depends on which CO you get. I agree it never hurts to bring more to the table - I would add it as a backup, but don't count on them accepting the Tax Transcripts.

[Tahoma 2,292]

That really depends on which CO you get. I agree it never hurts to bring more to the table - I would add it as a backup, but don't count on them accepting the Tax Transcripts.

Agreed....definitely only as a backup.

[mdog1156 0]

Thank you all for your replies. My Fiancee is freaking out about this as well as what questions they will . She thinks she needs to know what elementary school I went to...lol. My ex wife who I was married to for 17 years couldn't answer that. As for the tax return I cant give them what I dont have so I will give her a letter explaining that I didn't work. Her interview is Thursday so it wont be a signed letter or should I sign one and scan it and email it to her? For the one who asked about my work. I started on Dec 15, 2011 so I worked for 2 weeks of the year but my w2 only showed a couple of days because of when our work week ends I guess. I can send that but it shows about 250 dollars...lol.

[Cazwik 11]

Thank you all for your replies. My Fiancee is freaking out about this as well as what questions they will . She thinks she needs to know what elementary school I went to...lol. My ex wife who I was married to for 17 years couldn't answer that. As for the tax return I cant give them what I dont have so I will give her a letter explaining that I didn't work. Her interview is Thursday so it wont be a signed letter or should I sign one and scan it and email it to her? For the one who asked about my work. I started on Dec 15, 2011 so I worked for 2 weeks of the year but my w2 only showed a couple of days because of when our work week ends I guess. I can send that but it shows about 250 dollars...lol.

I got a cheat sheet on some of the questions they may ask or have asked in the past from my lawyer.... some of them are pretty crazy, I actually had to think back myself to figure out the correct answer.. lol

Here is what I got:

Attached Interview Questions:

If the Consulate officer wants to ask a few questions while reviewing documentation, here are some examples of what to expect:

1.) How did you meet your fiancée?

2.) When did you first meet?

3.) Did you use a marriage broker?

4.) What is the name and location of the marriage broker?

5.) Does your fiancé (e) have any criminal convictions?

6.) Where does he/she work?

7.) Where does he/she live?

8.) Has he/she been married before? If so, ho many times? Where do the ex-spouses currently reside?

9.) Does he/she have any children? If so, how many and how old? What are the children’s names?

The following two questions are also sometimes asked:

1.) Do you intend to work in the U.S. ? Answer: “I have no specific intention to work.”

2.) Do you intent to go to school in the U.S. ? Answer: “I have no specific intention to attend school.”

These answers are correct since your fiancée does not have work lined up and has not been accepted to any school. Her purpose in coming to the U.S. is to be your fiancée.

If the case goes to interrogation there is no set list of questions. The line of questioning will depend on the issues involved. Generally, if the documentation is in order, there should not be a problem. However, please find attached a short sampling of questions a Consulate officer can ask of the foreigner at a K visa interview. This sampling is simply to give you some idea about what can be asked. It is only an example of the types of questions they may ask, and is not limited to the questions provided in the attachment.

GENERAL INSTRUCTIONS FOR CONSULAR INTERVIEWS

Arrival at the Consulate:

Your fiancée (“Beneficiary”) should appear at least one hour prior to the scheduled time, dressed in business attire. There should be two separate folders containing documentation. Your fiancée should plan to remain at the Consulate most of the day.

Documentation:

A primary folder should contain all of the documentation requested by the Consulate. Generally, this would be the Consulate checklist form OF-169. Early on this process we have you a sample form OF-169 checklist to help get a head start on document preparations. More recently, the Consulate would have provided our fiancée with its own, similar checklist.

The second folder may contain any items not specifically requested by the Consulate on its checklist, such as further evidence of your relationship and anything else your fiancée may want to bring. Evidence of your relationship includes such things as additional emails, phone bills, phone card logs, extra photos together, letters, cards, engagement ring receipt, plane tickets, boarding passes from more recent trips, and money transfer receipts. We collected some of these items from you early on. The items that we did not use as part of our filing should have been returned to you by this time. We encourage you to prepare this information in some form of a portfolio or album so it is well organized and presents well. At the interview your fiancée should have these comprehensive documents to show your relationship through to the time of the interview.

The only item on the form OF-169 checklist list involving you is the financial documentation. By this time, we should have prepared and sent to you a completed financial “I-134” package (the “financials”) for your review and signature. You must forward the financials on to your fiancée if you have not already done so since they are needed at the time of the interview. If you are mailing the financial packet to your fiancée, you should also include any further evidence of your relationship indicated above. If the financials are not yet complete please contact us immediately.

Your fiancée should be prepared to present all items in the first folder. The extra items, portfolio, or album should be offered to the Consulate officer and made available for their viewing. Consulate officers are very busy and want to get through their work quickly. Generally, if the Consulate officer has all that is required to issue the visa and your fiancée is polite, the officer will ask, “Is everything in the file true?” If the reply is, “yes,” then they will be told to wait for their visa. This is our goal.

Prior to the Consulate interview, your fiancée should make a complete copy of all documentation presented to the Consulate. Consulate officers tend to lose documentation and then can claim they never received it.

CONSULATE SAMPLE INTERVIEW QUESTIONS

Personal information about the U.S. Citizen:

1. What high school did the U.S. Citizen attend?

2. What college did the U.S. Citizen attend?

3. What year did the U.S. Citizen buy their car?

4. What color is their car?

5. How old is the U.S. Citizen?

6. What is the U.S. Citizen’s email address?

Prior marriages:

1. How many times has the U.S. Citizen been married?

2. What are the names of each ex-spouse?

3. Where does the ex-spouse live now?

Child Issues:

1. How many children does the U.S. Citizen have?

2. What are their names?

3. What are their ages?

4. Where do they reside?

5. Where do they go to school?

6. Have the foreigner’s children (if any) met the U.S. Citizen?

7. Have the U.S. Citizen’s children and the foreigner children (if any) talked or met before?

8. Do the children still live in the home (if any)?

9. Does the U.S. Citizen have any grandchildren? How many?

10. Do you have or plan to have children? What is your child’s first birthday? Where was your child born?

Other Family Members:

1. Are the U.S. Citizen’s parents alive?

2. Where do they reside?

3. How many brothers and sisters does the U.S. Citizen have?

Couple’s Relationship:

1. How did you first meet?

2. Where did you meet?

3. How do you communicate with each other?

4. Does the U.S. Citizen speak a foreign language? If yes, do you have proof?

5. How many times has the U.S. Citizen been to visit you and for how long?

6. What website did you meet on?

7. When is the most recent time you and the U.S. Citizen were together in person?

Employment Issues:

1. Where does the U.S. Citizen work?

2. How much per year does the U.S. Citizen earn?

3. What year did the U.S. Citizen start working?

4. How long has the U.S. Citizen been working?

5. What does the U.S. Citizen do for a living?

U.S. Residence:

1. Where does the U.S. Citizen live in the U.S.?

2. Who lives in the household?

3. Does the U.S. Citizen live in an apartment or house?

Crimes:

1. How many crimes has the U.S. Citizen been convicted of?

2. Where were the convictions?

3. What were the convictions?

4. Has the U.S. Citizen been in prison before?

5. You still want to marry this person? Why?

Sex:

1. Are you planning on having children?

2. Are you on birth control? What kind?

3. When was the most recent time you had sex?

If the foreigner feels uncomfortable answering personal questions about sexual activities, then the foreigner should

speak up and state that he or she feels very uncomfortable answering such private questions. Immigration officers

should not make applicants feel uncomfortable in this regard. If the officer presses for the information, then the

foreigner should try and answer the question as best as possible. The foreigner has the burden of proof in showing the

relationship is genuine

Questions/Concerns for your case manager

If you have ANY questions about the above information, please phone to discuss with your case manager. The only

way we will be aware of issues is if you have shared them with us in advance of the interview.

Special Note Regarding Denials:

If at all possible, try and avoid signing an interview summary affidavit prepared by an interviewing officer. Tell the

officer that you would like to take the statement to your attorney for review and comment before signing.

Interview affidavits prepared by interviewing officers often include damaging information. If you must sign over

an objection, then read the statement very carefully and handwrite any edits or changes on the document before

you sign. You should not be forced to sign your name to any statement you believe does not contain truthful

information. If you do not understand English well enough, write somewhere on the document “I do not

understand English well”.

[Deputy Purple 1,294]

Here are your two contradictory statements regarding your income:

I was unemployed last year and made no money and therefore didn't file any tax return. However I have been employed for just over a year with a stable company above the poverty level.

I started on Dec 15, 2011 so I worked for 2 weeks of the year but my w2 only showed a couple of days because of when our work week ends I guess. I can send that but it shows about 250 dollars...lol.

In your Original Post you stated that you were unemployed last year then follow with "However I have been employed for just over a year", I think you meant "A MONTH" based on your second mention of employment.

If you had no income to file 2010 Tax Return then you've been unemployed for 2 years. If you had good income and filed 2010 Taxes that's what you should provide along with the current employment letter and the few pay stubs you have from your current job.

FWIW, 2011 Tax Returns shouldn't be expected by the Embassy until after April 17th.

Thank you all for your replies. My Fiancee is freaking out about this as well as what questions they will . She thinks she needs to know what elementary school I went to...lol. My ex wife who I was married to for 17 years couldn't answer that

Unless they have misgivings about you case the questions will be basic and few so she's over-thinking the interview and just needs to relax.

Regarding you income, the Affidavit of Support is MAJOR at the US Embassy in Manila. They want to see that you have stable income at a level to support her unless you are a college student or recent graduate.

[Cazwik 11]

Here are your two contradictory statements regarding your income:

In your Original Post you stated that you were unemployed last year then follow with "However I have been employed for just over a year", I think you meant "A MONTH" based on your second mention of employment.

If you had no income to file 2010 Tax Return then you've been unemployed for 2 years. If you had good income and filed 2010 Taxes that's what you should provide along with the current employment letter and the few pay stubs you have from your current job.

FWIW, 2011 Tax Returns shouldn't be expected by the Embassy until after April 17th.

Unless they have misgivings about you case the questions will be basic and few so she's over-thinking the interview and just needs to relax.

Regarding you income, the Affidavit of Support is MAJOR at the US Embassy in Manila. They want to see that you have stable income at a level to support her unless you are a college student or recent graduate.

I think he means dec 15 2010, That would mean last year would refer to 2010 , not 2011. Which would make 2010 unemployed. I had to stare at it for like 10 minutes to try and figure it out lol.

[adiiann 163]

My Fiancee has her interview in Manila next week for her K-1 visa and we have everything that has been asked for and then some. My only problem is I was unemployed last year and made no money and therefore didn't file any tax return. However I have been employed for just over a year with a stable company above the poverty level. I have sent her pay stubs as well as my bank statement and a letter from my employer. On the instructions for filling out the I-134 it says that a tax return is only needed if you are self employed. I have seen here that they will ask for it. Will this be a problem? I really have no way of giving this and my previous tax returns were filed jointly with my ex wife. Any help would be appreciated. Thanks

Michael

If you received unemployment benefits for 2010, you should file for it because it is taxable. If you filed jointly on 2010 (with your ex-wife), still means you filed tax for 2010, which you can get a copy from IRS. If you didn't earn anything for 2010 and you didn't file tax, not so sure, but it make sense why you have no 2010 tax return, you might wanted to write a letter of explanation for 2010 situation. But if you have 2009, even though its jointly, you might wanted to included that, just to show that you are generating income. But if you have taxable income for 2011 and current job right now, hopefully, you'll get your W2 before Jan 19, you can send a copy of your recent W2. Also, you might wanted to do your tax return asap before Jan 19, and send her a copy of the first 2 pages (which includes your signature), you can easily do that in turbo tax, state might not ready for filing, but I'm sure federal is.