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Derek and Yasmin

I-864: income on tax return versus stated annual salary

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Filed: K-1 Visa Country: Brazil
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Hi, I have a question regarding the I-864. My situation is that I was in school until May this past year so I had no income, however now I am a resident in a hospital making over the 125% required, but being that I started working halfway through last year, I'm a bit short on the 125% based on my 2012 tax return/W2 (and I don't have income on prior tax returns due to school). Will this pose a problem for me, or is the annual income on my pay stubs/employer statement enough evidence? Co-sponsor isn't an option. Thanks!

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They will go on current income, but make sure you have plenty of proof, such as 6 months of pay stubs, and a letter from your employer showing salary, duration, start date etc.

You'll need to include a letter explaining why you didn't file in previous years.

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  • 2 weeks later...
Filed: K-1 Visa Country: Brazil
Timeline

Hi, I have a question regarding the I-864. My situation is that I was in school until May this past year so I had no income, however now I am a resident in a hospital making over the 125% required, but being that I started working halfway through last year, I'm a bit short on the 125% based on my 2012 tax return/W2 (and I don't have income on prior tax returns due to school). Will this pose a problem for me, or is the annual income on my pay stubs/employer statement enough evidence? Co-sponsor isn't an option. Thanks!

Thanks a lot. I'll be filing my 2012 form 1040 and write that letter. I have the employment letter, stubs, and bank officer statements, so I'm hoping that is enough. I'm wondering if I can hold on to the 1040 at the interview and give it to them if it's requested since submission of all the forms is in person on the day of the interview in Rio.

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Thanks a lot. I'll be filing my 2012 form 1040 and write that letter. I have the employment letter, stubs, and bank officer statements, so I'm hoping that is enough. I'm wondering if I can hold on to the 1040 at the interview and give it to them if it's requested since submission of all the forms is in person on the day of the interview in Rio.

I had thought you were applying for adjustment of status, since you are asking about the I-864 form and posted the question in the adjustment of status forum, but I see now that you are talking about the interview for the K-1 visa. Sorry about that. Are you sure your consulate needs the I-864 and not the I-134? Most consulates/embassies require the I-134 for the K-1 visa application.

The answer to your question can be country-specific. I would ask your questions in the South America forum - you will get better answers there from people who have recently been through that embassy.

Edited by Lainie B
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Filed: Citizen (apr) Country: Mexico
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I had thought you were applying for adjustment of status, since you are asking about the I-864 form and posted the question in the adjustment of status forum, but I see now that you are talking about the interview for the K-1 visa. Are you sure your consulate needs the I-864 and not the I-134? Most consulates/embassies require the I-134 for the K-1 visa application.

The answer to your question can be country-specific. I would ask your questions in the South America forum - you will get better answers there from people who have recently been through that embassy.

:thumbs: K-1 interview uses I-134. You will not need the I-864 until after you are married and filing for AOS.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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