Affidavit of support - help

[EndlessStory 53]

I don't want to reactivate my old threads so I am posting this new one. I don't see anyone else that has the same situation as me.

I am the beneficiary.

1. My fiancé is a cab driver who is self employed, he has not filed tax for the past 10 years and just filed all the 10 years tax return 2 months ago. Due to late filing, there is a delay in tax form or whatever that comes after filing tax. He does not have a pay stub. What should we submit for affidavit of support? What supporting documents do we need?

2. Since he is a contractor for a cab company, that means he is not a permanent employee? Is that right? He has been working for that company for 10 years on and off switching job and going back there. He has been steadily working there for 4 years straight without switching job now. Since he is a self employed, he will not have a letter from employer saying that he is working there. What can we have the company write for him?

3. He has been making stable income of about $17k annually for about 4 years. He makes $17k the last year too, how are we going to boost this income? Can he get a contract job or something that makes it $20k(125% poverty line for 2) for the year 2013 and will we still make it or does he need to show above poverty line for 3 years?

We might not be able to find a co-sponsor.

Any help is very much appreciated, we have not gotten our NOA 2 yet but we are putting things together.

Thank you in advanced

[EndlessStory 53]

Bump

[Avery Cates 1,141]

That's going to be a bit of a tough one. Mostly he needs to show that he's CURRENTLY making enough, however different Embassies may require the full 3 years of records, I'm not sure about Malaysia. Where he's been dodging his responsibilities as a 1099 Independent contractor for the last 10 years when it comes to reporting his income for taxable purposes, that's going to be an uphill battle for you I suspect.

[KayDeeCee 4,899]

Self-employment income is proven with tax returns. You could have the company write a letter stating how long he has been a contractor for them and how much he earns, if they are willing to write one. Does he have no assets? Have you contacted the embassy to ask if they will accept 100% of the poverty level with an I-134 for a K-1 visa? Some consulates will, and some want to see 125%.

[EndlessStory 53]

Email sent to embassy :

I am writing to inquire about the embassy's guidelines for the affidavit for support for a K1 Visa application. I was informed that 100% of the poverty level might be accepted and would appreciate knowing to see if I need to find a sponsor for the visa application process.

Reply from embassy:

Thank you for your email. There is no specific limit to meet for a K1 application. However, the petitioner must complete the I-134 form as the sponsor. If the petitioner does not have any income, you must have a co-sponsor with income and complete another I-134 form. Thank you.

Wasn't sure what all this mean since I sent the wrong email indicating sponsor instead of co-sponsor in my original email.

We got ourselves a co-sponsor. What does co-sponsor need to submit other than the form I-134? Do they also need pay stub and tax transcript?

[EndlessStory 53]

Bump

[SparklePony 238]

As far as I know, co-Sponsors need to fill out the I-134 form on their own, providing all supporting evidence of their own finances (tax returns, pay stabs, etc).

[KayDeeCee 4,899]

Email sent to embassy :

I am writing to inquire about the embassy's guidelines for the affidavit for support for a K1 Visa application. I was informed that 100% of the poverty level might be accepted and would appreciate knowing to see if I need to find a sponsor for the visa application process.

Reply from embassy:

Thank you for your email. There is no specific limit to meet for a K1 application. However, the petitioner must complete the I-134 form as the sponsor. If the petitioner does not have any income, you must have a co-sponsor with income and complete another I-134 form. Thank you.

Wasn't sure what all this mean since I sent the wrong email indicating sponsor instead of co-sponsor in my original email.

We got ourselves a co-sponsor. What does co-sponsor need to submit other than the form I-134? Do they also need pay stub and tax transcript?

Sounds like they did not give a firm answer because the individual COs there just use their own discretion to decide on a case by case basis. You could be approved with 100% so long as it is stable and ongoing so the CO feels you would not become a public charge. However, the CO may want to see more, so you never know and that is frustrating. However, when you file for AOS after you are married, the I-864 is firm and consistent. He needs to have 125% of the poverty level so you will most likely need a joint sponsor for that too.

The co-sponsor fills out their own separate I-134 and provides their supporting documents such as most recent tax transcript, letter from employer and/or recent pay stubs. They should also provide proof of being a USC or LPR just in case it is needed.

[EndlessStory 53]

Sounds like they did not give a firm answer because the individual COs there just use their own discretion to decide on a case by case basis. You could be approved with 100% so long as it is stable and ongoing so the CO feels you would not become a public charge. However, the CO may want to see more, so you never know and that is frustrating. However, when you file for AOS after you are married, the I-864 is firm and consistent. He needs to have 125% of the poverty level so you will most likely need a joint sponsor for that too.

The co-sponsor fills out their own separate I-134 and provides their supporting documents such as most recent tax transcript, letter from employer and/or recent pay stubs. They should also provide proof of being a USC or LPR just in case it is needed.

Thank you. Is providing proof that he is USC necessary? There's nothing written on the official sites or i-134 form that states co-sponsor need to submit those documents.

Will I get rejected off co-sponsor if I don't have them in hand when they asked for it?

Anyone had ever got requested to proof the co-sponsor is USC? Since the tax information and everything else is on that form

[Dreamman 1]

My fiancé owes his own business as well. So my question is does he have to give me his last 3 years tax returns? And what about a letter? He is the owner of his company. What other documents does he need to prepare for me? When does he need to send me these by? Doin just need them for the interview?

Thanks for any help

[KayDeeCee 4,899]

Thank you. Is providing proof that he is USC necessary? There's nothing written on the official sites or i-134 form that states co-sponsor need to submit those documents.

Will I get rejected off co-sponsor if I don't have them in hand when they asked for it?

Anyone had ever got requested to proof the co-sponsor is USC? Since the tax information and everything else is on that form

I believe the proof of citizenship will depend on the consulate. Yes, it happens and is asked for. Here is one example > http://www.visajourney.com/forums/topic/409828-rfe-help-co-sponsor-proof-of-citizenship/

I do not think they would outright deny you if you need a co-sponsor. They would probably give you a 221g and tell you to supply the documents that they need. It would just delay things for you.

My fiancé owes his own business as well. So my question is does he have to give me his last 3 years tax returns? And what about a letter? He is the owner of his company. What other documents does he need to prepare for me? When does he need to send me these by? Doin just need them for the interview?

Thanks for any help

Use complete copies of the returns, with all forms, schedules, 1099s, etc. No letter because he has no employer. Usually the taxes are enough for self-employed. He could add in bank statements showing income deposits or quarterly profit/loss statements if he has them. However, the tax returns should work fine on their own, so long as they show he meets the income requirement.

[Dreamman 1]

Whoo hoo! Finally got word from NVC that our petition has been processed and send to montral Canada! So excited! So now.... I have my fiancé fill out the 1-134 along with bank statements etc. he needs to send those to me can you please tell me what else as I wait for my packet 3 to arrive!

Thank you!