K1 Visa- 2012 ITR below 125%; Current Paystubs beyond 125% HELP! :-)

[ilovemyD 143 0]

Hi. My fiance and I are just wondering if it's still necessary for us to show his ITR on the interview at the embassy. He got his new job last year (around 3rd or 4th quarter of 2012) and his ITR doesn't meet the 125%. However, if we are to present his paystubs only (with letter of certifiction from his employer) we are definitely above the 125% requirement. My fiance said that his ITR will be updated by end of December or first part of January. Though we've just submitted our I-129 docs, I'm concerned that we might not have the ITR in case the processing of our application will be speedy. If the interview will be scheduled after first week of January, we will have no worries about the ITR. I know ITRs are not a requirement for K1 visa but I've seen a lot of posts that the manila usem is particular with that. I hope anybody can help us, especially the ones who had the same scenario. Thank you and God Bless! :-)

[KayDeeCee 4,904]

You provide the most recent tax return, whether that be the 2012 or 2013 by the time you have an interview. The 125% is based on current income, not past. Current income is listed on the I-134 and a letter from employer and/or most recent pay stub(s) are used to prove the current income amount listed.

[ilovemyD 143 0]

You provide the most recent tax return, whether that be the 2012 or 2013 by the time you have an interview. The 125% is based on current income, not past. Current income is listed on the I-134 and a letter from employer and/or most recent pay stub(s) are used to prove the current income amount listed.

I see. Do you think it's better not to present the 2012 ITR anymore since our I-134 is substantial? If the CO asks for the ITR and I showed him the current ITR (which was from 2012; below 125%) that old ITR should not affect their decision for visa approval, right?

[KayDeeCee 4,904]

You still have to provide it. Manila asks for the most recent 1040 and W-2. If he currently makes enough and will have been for a year or more before your interview, then that is what matters. It is the current income that needs to be 125% or more.

[Hank_ 9,174]

I see. Do you think it's better not to present the 2012 ITR anymore since our I-134 is substantial? If the CO asks for the ITR and I showed him the current ITR (which was from 2012; below 125%) that old ITR should not affect their decision for visa approval, right?

The instructions letter from the embassy states the want the most recent tax return, doesn't matter if it shows you are below the 125% requirement or not. Always give the embassy what they ask for.

For the new job (with its adequate pay ) provide the employer letter and pay stubs.

Being you just filed your I-129F your petition approval will be border line with the coming tax year, so you may very likely have the coming year's W-2s, and a lot of pay stubs if you want to show them. May not have the next tax return, but I doubt you will have any issued with the I-134.

[Tahoma 2,298]

At your interview, you will need to submit your petitioner's current federal income tax return and his current W-2. You will also need to submit your petitioner's current paycheck stubs.

If you interview in 2013, make sure the consular officer sees that your petitioner's current sustained income (based upon annualizing his current paycheck stubs) is more than his income on his 2012 income tax return, and that his current sustained income surpasses 125% of the poverty guidelines for his household size.

If you interview between January 1, 2014 and April 15, 2014, you have the option of submitting either his 2013 income tax return and his 2013 W-2, or his 2012 income tax return and his 2012 W-2. In your case, you would want to submit his 2013 documents. After April 15, 2014, you will have to submit his 2013 income tax return and 2013 W-2 (as well as current paycheck stubs).

[ilovemyD 143 0]

Thank you everyone! Hope everything goes well with our application. ??