Queries regarding form 1040/ITR for K1 visa

[ayemnika 0]

Hi everyone.

My interview with the Manila US embassy was scheduled on the 24th of January.. Next week it is (I'm getting nervousas the day goes by). The application process for the K1 visa started May 2013 and my fiance' sent me the needed documents like his ITR/form1040, W2 form and other pertinent papers. However his ITR was for the year 2012 because he hasn't filed his form1040 for 2013 yet. Should I still wait for his 2013 ITR or will the one he sent me will suffice?

Help...

Thanks heaps.

Edited January 15, 2014 by ayemnika

[JA_Martinez 81]

Unless he's s filed his 2014 taxes already which he should have a copy of...unless you feel a need to have that tax return for some reason, don't cancel your appt to wait. Get him to also get a letter from his employer showing proof of employment and salary....should have that regardless

And six months of paycheck stubs....they ask for those

[ayemnika 0]

I have his earning statement from Nov.2013. Should he send me his other paycheck stubs aside from that?He hasn't filed his ITR yet. He said he usually does by February thus the most recent he has is his 2012 ITR. I'm also expecting to receive his bank statement and insurance receipts before this week ends.. Will it be ok @JA_Martinez?

Edited January 15, 2014 by ayemnika

[Tahoma 2,298]

The U.S. Embassy Manila will not require you to submit a 2013 income tax return until after April 15, 2014. Until then, the 2013 income tax return is optional. You will be fine if you submit the 2012 income tax return and W-2.

However, you need to submit several of his most recent paycheck stubs. Those paycheck stubs will show his current sustained income. If you have a copy of his 2013 W-2, you should submit it. Also, submitting an employer's letter is a good idea.

Good luck with your interview!

[Hank_ 9,174]

Hi everyone.

My interview with the Manila US embassy was scheduled on the 24th of January.. Next week it is (I'm getting nervousas the day goes by). The application process for the K1 visa started May 2013 and my fiance' sent me the needed documents like his ITR/form1040, W2 form and other pertinent papers. However his ITR was for the year 2012 because he hasn't filed his form1040 for 2013 yet. Should I still wait for his 2013 ITR or will the one he sent me will suffice?

Help...

Thanks heaps.

No need to wait, the 2012 tax return as of this time is STILL the most recent, so no issues.

As long as income meets the guidelines you are good.

[Hank_ 9,174]

The U.S. Embassy Manila will not require you to submit a 2013 income tax return until after April 15, 2014. Until then, the 2013 income tax return is optional. You will be fine if you submit the 2012 income tax return and W-2.

However, you need to submit several of his most recent paycheck stubs. Those paycheck stubs will show his current sustained income. If you have a copy of his 2013 W-2, you should submit it. Also, submitting an employer's letter is a good idea.

Good luck with your interview!

No you do not need to submit pay stubs (they are not even listed in the requirements), those are optional, same as the employer letter is optional... not required. Nothing wrong with including copies of pay stubs, but for sure they are not required.

http://photos.state.gov/libraries/manila/325288/packets/K1%20and%20K2%20Interview%20Preparation%20Instructions%20-%20English%20_10%20October%202013_.pdf

k. EVIDENCE OF SUPPORT. You should be able to demonstrate that you will not become a public charge

or be a burden on the U.S. taxpayers for financial support. A completed I-134 Affidavit of Support Form

with original signature will be useful to the consular officer to evaluate your petitioner’s ability to be K1/K2 Interview Preparation Instructions – English (October 2013) Page 3 of 8 financially responsible for you. You should also submit your petitioner’s most recent U.S. Federal income

tax return (Form 1040) and wage statements (Form W-2). Employment letters stating salaries and bank

statements may be included to substantiate the I-134. Download Form I-134

[apple21 953]

2012 ITR and W2 is all you need, provided his income meets the poverty guidelines.

[DavenRoxy 1,073]

2012 ITR and W2 is all you need, provided his income meets the poverty guidelines.

+1

Unless needed to prove increased income, no need to send pay stubs or employment letter.

[merkin&regine 18]

Hi everyone.

My interview with the Manila US embassy was scheduled on the 24th of January.. Next week it is (I'm getting nervousas the day goes by). The application process for the K1 visa started May 2013 and my fiance' sent me the needed documents like his ITR/form1040, W2 form and other pertinent papers. However his ITR was for the year 2012 because he hasn't filed his form1040 for 2013 yet. Should I still wait for his 2013 ITR or will the one he sent me will suffice?

Help...

Thanks heaps.

As long as you're fiancé's 2012 taxes meets the poverty guideline, you're good. You don't need 2013 taxes if you're interview happens before the April 15, 2014 deadline.

Good luck!

[ayemnika 0]

I told my fiance' before to send me other financial documents aside from the ITR and W2 just in case they'd ask for it..Still praying for a smooth process and successful outcome. Thank you everyone. Been anxious yesterday bout the ITR query.. :/

Godbless each of you:)

[Tahoma 2,298]

No you do not need to submit pay stubs (they are not even listed in the requirements), those are optional, same as the employer letter is optional... not required. Nothing wrong with including copies of pay stubs, but for sure they are not required.

http://photos.state.gov/libraries/manila/325288/packets/K1%20and%20K2%20Interview%20Preparation%20Instructions%20-%20English%20_10%20October%202013_.pdf

k. EVIDENCE OF SUPPORT. You should be able to demonstrate that you will not become a public charge

or be a burden on the U.S. taxpayers for financial support. A completed I-134 Affidavit of Support Form

with original signature will be useful to the consular officer to evaluate your petitioners ability to be K1/K2 Interview Preparation Instructions English (October 2013) Page 3 of 8 financially responsible for you. You should also submit your petitioners most recent U.S. Federal income

tax return (Form 1040) and wage statements (Form W-2). Employment letters stating salaries and bank

statements may be included to substantiate the I-134. Download Form I-134

If you'll notice, the USEM's instruction letter for K-1ers that you quoted doesn't list any evidence of support as "required."

That's why, as you know, when it comes to evidence of support, I recommend building a strong case in order to demonstrate to the Embassy that a K-1 visa applicant won't become a public charge in the U.S., and recent paycheck stubs are part of that strong case. That's where the "need" comes in.

[Hank_ 9,174]

Psst! For the tax return and W-2 the word SHOULD is used. For employer letter MAY is used.

SHOULD
aux.v. Past tense of shall
Used to express obligation or duty: You should send her a note.

MAY
aux.v. Past tense might (mt)
To be allowed or permitted to: May I take a swim? Yes, you may.



- Pay stub are not listed anywhere.

... I will stand by my previous post and the link to the embassy instructions letter using the words SHOULD and MAY in regards to what is required and what isn't.

[Tahoma 2,298]

Psst! For the tax return and W-2 the word SHOULD is used. For employer letter MAY is used.

SHOULD

aux.v. Past tense of shall

Used to express obligation or duty: You should send her a note.

MAY

aux.v. Past tense might (mt)

To be allowed or permitted to: May I take a swim? Yes, you may.

- Pay stub are not listed anywhere.

... I will stand by my previous post and the link to the embassy instructions letter using the words SHOULD and MAY in regards to what is required and what isn't.

Obviously, the U.S. Embassy Manila doesn't use the same dictionary as you do. For example, a tax return wouldn't be needed for petitioner's who qualify based upon adequate liquid assets. And did you already forget our discussion in another thread where the USEM approved my friend's K-1 despite his petitioner not submitting a tax return, nor a W-2?

[Hank_ 9,174]

Heck my wife was approved without me submitting a tax return or W-2.... there are exceptions to all rules.

Just the same you can't change the meaning of SHOULD and MAY.

[Tahoma 2,298]

Heck my wife was approved without me submitting a tax return or W-2.... there are exceptions to all rules.

Just the same you can't change the meaning of SHOULD and MAY.

I don't need to change the meaning of "should" or "may" because their meaning is already crystal clear. The definition of "should" that you cut and pasted didn't say anything about being "required." I do find it amusing that you would run to a dictionary trying to find a definition that you could attempt to shape-shift to fit you're argument.

By the way, where does the USEM instruction letter that you quoted say that demonstrating financial support using liquid assets is an exception to any rule? Uhhh...it doesn't.