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Filed: K-1 Visa Country: Philippines
Timeline
Posted

I understand. I cannot provide a W-2 form. However, I can file a 1040 ES which is what some businesses do, file Estimated Earning forms and paying taxes for the year thus far. I am going to fill out one of those and file it and then provide a copy of that to the IRS and see if that will satisfy them. That way I can provide a 1040 tax form without having to wait until 2012. If the CO insists on a W-2 form (Or the self-employed equivalent thereof, the MSC-1099) then I will have to ask for an extension and wait until after the end of 2012. It is really aggravating because I provided a massive stack of documents that I thought verified and explained everything they could possibly want.

Posted

I have a co-sponsor (A family member who makes up the difference between my income and the requirement).

This may be part of your problem and why it didn't get flagged as a potential issue at the NVC. The Embassy in Manila is pretty harsh at denying the use of a co-sponsor for a K-1 visa. They're going to only be looking at your income. You will have to provide tax transcripts that will indicate you have a STEADY income or proof of readily accessible assets that are 300% of the earnings requirement (so for a family of two you would need ~$57k in savings). You may need to work for a year or two before they would approve the K-1 visa for your fiance, especially if your income is hovering around the minimum required.

Most people that require a co-sponsor to meet income requirements and are going through the US Embassy in Manila the CR-1 visa is the only effective route. An I-864 is a legally binding contract whereas an I-134 is not. This means the US consul has a lot more leeway when denying a K-1 application on the suspicion that the immigrant may become a public charge.

 
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