Tax form for K-1 visa if petitioner is unemployed and lives abroad.

[WhiteBear 0]

Hi Forumers,

I need your advice.

I am U.S. citizen (but last 3.5 years I have been living in the UK). My fiancée is EU citizen. Recently I began the process for K-1 visa for her.

I heard that as US citizen I have to submit my Tax form. But I have the following situation:

I was a full time student for last 3 years and have not worked while my studying time. I graduated last summer and worked only for one month (last summer). My income was way below $9,000.

Should I still provide any documents from IRS? Should I still report my low income to the IRS in order to get any documents for interview? Or I can write statement where I should explain my situation (state that I was a full time student and then I was unemployed)?

Could anyone please clarify it?

Thank you so much.

[Rob & Monika 87]

You need evidence that you can support your fiance in the US. There is a minimum income level in order to get approved (which I think is around $19k). If you do not meet that level, you will need a cosponsor. Evidence of a current job with income that meets those guidlines can help as well. Your cosponsor will need to make enough to support their family and yours. You will also have to prove that you have a place to stay if you are currently living abroad.

[KayDeeCee 4,902]

You need evidence that you can support your fiance in the US. There is a minimum income level in order to get approved (which I think is around $19k). If you do not meet that level, you will need a cosponsor. Evidence of a current job with income that meets those guidlines can help as well. Your cosponsor will need to make enough to support their family and yours. You will also have to prove that you have a place to stay if you are currently living abroad.

A co-sponsor only needs enough income for their own household size plus any intending immigrants. They do not have to cover the USC petitioner or any USC family members that are not applying for a visa. And proof of domicile is not really an issue for a K-1 visa and the I-134.

OP > If you do not meet the income requirement, then you need a co-sponsor. For other consulates both the petitioner and co-sponsor must provide their own I-134 and supporting documentation. However London will accept just A sponsor, so if using a co-sponsor, only the co-sponsor needs to provide the I-134 and supporting documentation. Check out the UK regional forum for what is required for your particular consulate. http://www.visajourney.com/forums/forum/99-united-kingdom/

Later for AOS and the I-864, you will need to provide a statement as to why you were not legally required to file taxes for any of the last 3 years you did not.

Edited April 7, 2014 by Jay-Kay