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GringoD

1 yr or 3? of tax returns ?

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I just read over the entire I-134 Affidavit of Support form.

The last (and, only other) time I did this about 4 years ago, I believe it was either REQUIRED (?) OR Recommended to send not one but THREE (3!) most recent years tax returns. For self-employed, both PERSONAL and BUSINESS (corporate, however small) returns.

NOW.... I see/read that ONLY THE MOST RECENTLY FILED return is necessary. Correct??

And,... I'm putting her on hold a bit, because I'm figuring TO BE UP-TO-DATE, and wait on my CPA to complete the return for 2011, which might be towards the end of April,... is the wisest thing to do.

I've been in business continuously for myself for 28 years.

I'm quite a bit above that poverty level of income.

That is not my concern.

The last time, I sent/brought 3 years' returns.

Like a few other things (passport photos, and # of copies of the G-325A), this has changed?

NOW... ONLY ONE year is required?

Thanks for the help/recommendations.


07/27/2011...........NOA1 received.

12/05/2011...........RFE received.

12/13/2011...........RFE response sent.

12/16/2011...........RFE RESPONSE received by Vermont S.C.

12/22/2011...........Teased by a text-message from uscis, saying they have received my response to the RFE.

12/30/2011...........LA VISA APROVADOOOOOOOOO!!!!!!!!!!!

01/12/2012...........Case Sent To Bogota Colombia, from the National Visa Center.

02/09/2012...........Schedule Interview.

03/23/2012...........Interview (to take place then)!

04/07/2012...........Arrived in USA.

07/01/2012...........MARRIED!

What next?

.......How the days DO slip away!

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Some embassys ask for all 3 years and some embassys only want the most recent year and there are a couple embassys that don't ask for the tax returns.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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I know for certain, 4 years ago, I brought 3 years' returns.

I'm pretty sure, that is what the OLD FORM instructions stated was required.

But, the I-134 INSTRUCTIONS accomodating the Form from (revised as of) 05/25/2011,

under General Instructions,

under "supporting evidence",

C.) if self-employed:

1.) Copy of last income tax return filed;

This appears pretty straight forward.

But,... in this entire process... SO MANY THINGS ARE NOT.


07/27/2011...........NOA1 received.

12/05/2011...........RFE received.

12/13/2011...........RFE response sent.

12/16/2011...........RFE RESPONSE received by Vermont S.C.

12/22/2011...........Teased by a text-message from uscis, saying they have received my response to the RFE.

12/30/2011...........LA VISA APROVADOOOOOOOOO!!!!!!!!!!!

01/12/2012...........Case Sent To Bogota Colombia, from the National Visa Center.

02/09/2012...........Schedule Interview.

03/23/2012...........Interview (to take place then)!

04/07/2012...........Arrived in USA.

07/01/2012...........MARRIED!

What next?

.......How the days DO slip away!

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There are so many factors here and it is such a critical step I'd rather be safe that sorry. I think if you are self employed you should probably do three years of 1040's or if your income is not that strong you should supply them too.

I am going to rush file my 2011 to provide three years with the transcripts and her interview is Feb 15th. Proof of income is critical. Many people at the Embassy have just supplied IRS transcripts whereas others have been told that is not good enough, they have to have the 1040's.

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I know for certain, 4 years ago, I brought 3 years' returns.

I'm pretty sure, that is what the OLD FORM instructions stated was required.

But, the I-134 INSTRUCTIONS accomodating the Form from (revised as of) 05/25/2011,

under General Instructions,

under "supporting evidence",

C.) if self-employed:

1.) Copy of last income tax return filed;

This appears pretty straight forward.

But,... in this entire process... SO MANY THINGS ARE NOT.

Ask in the regional forum for Columbia see what they say the embassy requests of them. It doesn't go by just instructions the US embassy can ask for whatever proof they want from you regardless of " instructions ". Like i said earlier its often country specific as to what they want to see. As in regional for Colombians going to the same embassy she will be going to.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Most consulates, including the one you are using. require only the most recent year tax return. You can add others if it helps you. So far the only case where I have run into the need for 3 years tax returns is the naturalization interview and for that it is more to prove you did file taxes, it is not about how much money you made.

Some, very few, consulates request three years tax returns. Other than that it is not a requirement


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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I can understand,... every case, irregardless is different, and if there was some things 'SUSPECT', then I can understand they might ask for more than most recently filed ONE YEAR return.

But, as Gary and Alla says,... and my thoughts, ... if the Instructions say 'most recently filed tax return', then I have to believe that that is the standard.


07/27/2011...........NOA1 received.

12/05/2011...........RFE received.

12/13/2011...........RFE response sent.

12/16/2011...........RFE RESPONSE received by Vermont S.C.

12/22/2011...........Teased by a text-message from uscis, saying they have received my response to the RFE.

12/30/2011...........LA VISA APROVADOOOOOOOOO!!!!!!!!!!!

01/12/2012...........Case Sent To Bogota Colombia, from the National Visa Center.

02/09/2012...........Schedule Interview.

03/23/2012...........Interview (to take place then)!

04/07/2012...........Arrived in USA.

07/01/2012...........MARRIED!

What next?

.......How the days DO slip away!

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I can understand,... every case, irregardless is different, and if there was some things 'SUSPECT', then I can understand they might ask for more than most recently filed ONE YEAR return.

But, as Gary and Alla says,... and my thoughts, ... if the Instructions say 'most recently filed tax return', then I have to believe that that is the standard.

It is the standard for that consulate and for USCIS for AOS.

Another thing to keep in mind is that it is your obligation to demonstrate that your fiancee will not become a public charge. There really are no rules for that. The poverty guidelines do not apply to the I-134 but MOST consulates use them for the I-134. Also it is not a goal line to cross and you score. They are guidelines, nothing more. The final decision is made by a consulate officer who you do not know, you will not see.

SO...it behooves you to provide as much information as possible to assure the decision goes in your favor. I submitted ONE year tax return but I also had other very solid evidence of current income, bank letter, employment letter, check stubs, etc. You are presenting a body of evidence and trying to determine what is the absolute minimum you can present is not a wise idea. You want that guy that looks at your evidence (he is not the guy that does the interview) to say "Oh yeah, no problem"

You asked about the rule and that is what my comment is about. If you want my opinion...hit them with everything you have and take home what you don't need with a smile on your face.

In the words of John "Pondoro" Taylor...It is better to be caught slightly over gunned than to be stomped to bits by an elephant.

Edited by Gary and Alla

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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EVIDENCE OF SUPPORT: You must demonstrate that you have sufficient financial support. We recommend that your fiancé(e) or spouse download and complete an Affidavit of Support (Form I-134) which you may bring to your interview. This form is available at http://www.uscis.gov/i-134. To avoid processing delays, we recommend petitioners include a copy of their most recent IRS 1040, and a W2, paystub, or a letter from their employer certifying employment.

http://photos.state.gov/libraries/colombia/231771/PDFs/English_K1K2Packetdec7.pdf

Normal stuff. Like you, I am self-employed. I have had to supply three years of returns every step of the process, for the I-134, 1-864, I-751, and N-400. But, I see things change. Personally, I would have three years worth of transcripts and returns available to my fiance/fiancee in time for the interview, just in case. I did returns for the Visa and AOS, transcripts for ROC and Naturalization. Three interview letters, and all three wanted three years of returns, or transcripts, so I followed directions. The link above is for Columbia. Says one year, nothing about self-employed.

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