K1 Visa Refusal Help Please

[omardagame123 0]

Okay so my fiancee recently had her interview on March 12th at Montreal Consulate. We made sure she had everything and even at the consulate a lady checked all her papers to make sure she had all necessary documents so she can be allowed to proceed to the interview. If she was missing something, they wouldve told her to come back once she has all documents but that wasnt the case. It turns out that at the interview, the lady told her she cant be given the visa because she didnt have my 2013 taxes. I filled out 2 form I-134. One from me, and one from my mother who agreed to co-sponsored since I currently an unemployed and didnt file for taxes. My fiancee explained I was unemployed and didnt file which is why I had my mother co-sponsor but the lady said that she needed a letter from the IRS stating that i didnt file for taxes. My fiancee was given a letter that says Immigrant Visa 221(g) Refusal Worksheet. It says

To complete your application, you will need to submit original copies of the following document(s) through our courier:

2013 taxes for petitioner

I-864 for Joint Sponsor

The thing is, when I looked at the packet 4 checklist, it doesnt even list I-864 as a requirement for K1 Fiancee Visa . Only the I-134 which was provided. We emailed the Consulate but of course it will take a while for a reply. In the meantime we decided to just fill out the form I-864 and also get a letter from the IRS stating I didnt file for 2013 taxes so that she can mail it out (we honestly dont know whats the correct address to mail to either because no one told us where exactly O__o ) . I already got the letter from the IRS but as for form I-864, I want to know which do I fill out since I know there is form I-864 and I-864a. I looked at form I-864 and it says for sponsor to relative. Doesn't even say spouse. I want to make sure what form it is that I have to fill out and also what form it is that my mother fills out. Please help and thanks!

[KayDeeCee 4,893]

You already filled out an I-134. They just want the letter from the IRS stating you did not file taxes. They want an I-864 from your mother, just like they stated in your 221g. Sometimes when the USC petitioner has zero income, they want an I-864 from a joint sponsor to try and ensure the government could get paid back if the beneficiary receives public assistance. The I-134 is not legally binding, but the I-864 is. They are wanting a joint sponsor that is willing to sign an I-864. Be sure to read the I-864 form instructions so you include everything needed with it. She will need most recent tax transcript(and need to list Total Income amounts from last 3 years on the form), letter from employer and/or most recent pay stubs, plus proof she is a USC or LPR.

~ Moved from K-1 Process to Waivers and Administrative Processes - topic is 221g ~

[Teripid 5]

You can get a "Verification of Non-filing" online actually, comes in very handy: http://www.irs.gov/Individuals/Verification-of-Nonfiling-Letter

A lot of the forms are generic as well since you could be doing an AOS for a parent or someone else depending on what process you're on which is why they don't say "spouse". Heck yours wouldn't even say spouse since you guys aren't married yet .

If your mother didn't submit an I-864 with 1d checked and everything else indicated that seems likely to be what they're referencing. Others may be able to provide more information.

[omardagame123 0]

You already filled out an I-134. They just want the letter from the IRS stating you did not file taxes. They want an I-864 from your mother, just like they stated in your 221g. Sometimes when the USC petitioner has zero income, they want an I-864 from a joint sponsor to try and ensure the government could get paid back if the beneficiary receives public assistance. The I-134 is not legally binding, but the I-864 is. They are wanting a joint sponsor that is willing to sign an I-864. Be sure to read the I-864 form instructions so you include everything needed with it. She will need most recent tax transcript(and need to list Total Income amounts from last 3 years on the form), letter from employer and/or most recent pay stubs, plus proof she is a USC or LPR.

~ Moved from K-1 Process to Waivers and Administrative Processes - topic is 221g ~

I provided my mothers 2013 tax return, 3 recent pay stubs, letter from employer, proof that she is legal permanent resident, and a W2. My fiancee said that the lady kept those documents along with everything else required for the interview. So I have my mom fill out form I-834? Im guessing I-834a isnt required? Do I need to fill out anything? I just want to make sure. Also, should I send the tax returns and pay stubs and everything else again along with the form? Thanks so much for the help. I really appreciate it.

Edited March 17, 2014 by omardagame123

[omardagame123 0]

You can get a "Verification of Non-filing" online actually, comes in very handy: http://www.irs.gov/Individuals/Verification-of-Nonfiling-Letter

A lot of the forms are generic as well since you could be doing an AOS for a parent or someone else depending on what process you're on which is why they don't say "spouse". Heck yours wouldn't even say spouse since you guys aren't married yet .

If your mother didn't submit an I-864 with 1d checked and everything else indicated that seems likely to be what they're referencing. Others may be able to provide more information.

I went to a Local IRS office that was a few minutes away and got one but thanks!

[ellasim3 0]

Hello!

I had a similar situation, but a little different. I also did not bring his tax information with me because it never said too. I felt pretty shitty about it. They also wanted an original birth certificate which was difficult because I was adopted from Korea when I was a baby. I submitted those documents on March 3rd and am still on AP. frustrating. Please let me know how your case ends up