Tax Return Question

[Divalicious 2]

My fiance has been working for 3 months to support me for our Fiance Visa. He doesn't have any previous tax returns, if we do not include this, will it be denied? I thought you could apply after he's been working for 3 months at the right salary.

[Ian H. 207]

I think you would just have to bring a letter explaining why he didn't file taxes. Of course the only reason they would accept is that he made too little or nothing to be required to file. As for the income, 3 months working may not be enough especially if he's never worked before so I would get a joint sponsor just in case.

[Divalicious 2]

I think you would just have to bring a letter explaining why he didn't file taxes. Of course the only reason they would accept is that he made too little or nothing to be required to file. As for the income, 3 months working may not be enough especially if he's never worked before so I would get a joint sponsor just in case.

Thank you. How long would working by himself be enough? We would like to avoid using sponsors if possible but if we have to ,we will.

[Ian H. 207]

I don't think there has to be a specific amount of time. It really depends on the consulate or the CO to decide what they accept. I've always heard stories of it being 6 months from people who come and want to petition their family right away.

I've seen various times on here that the embassy in London is very lenient so you may be ok with 3 months. I know in the DR consulate they for sure wouldn't accept only 3 months of work with no previous tax returns without a joint sponsor.

Also using a joint sponsor doesn't hurt your case so there is no reason to avoid using one. In any case the joint sponsor is only a backup just in case they feel that your fiance's work isn't enough. Therefore, if you are approved with that alone, you don't have to worry about a joint sponsor. I would just have someone lined up, just in case.

[Divalicious 2]

I don't think there has to be a specific amount of time. It really depends on the consulate or the CO to decide what they accept. I've always heard stories of it being 6 months from people who come and want to petition their family right away.

I've seen various times on here that the embassy in London is very lenient so you may be ok with 3 months. I know in the DR consulate they for sure wouldn't accept only 3 months of work with no previous tax returns without a joint sponsor.

Also using a joint sponsor doesn't hurt your case so there is no reason to avoid using one. In any case the joint sponsor is only a backup just in case they feel that your fiance's work isn't enough. Therefore, if you are approved with that alone, you don't have to worry about a joint sponsor. I would just have someone lined up, just in case.

Thank you so much. This has helped me so much.

I was wondering if you could help me on another matter. How much does he have to earn in order to support me as websites all say different things. If his father was to support me too, would they use this just to make up for if he's short on what he's earning?

[Ian H. 207]

It's based on household size. If he has no children or other dependents and it's just you two, he has to make about $20k a year. Keep in mind that for the K1 visa they only require 100% of the poverty level, but when you enter the US and do AOS he will need to make 125%. Here is a link with the official amounts:

http://www.uscis.gov/i-864p

Also he can't combine his income with his dad, unless he lives with him. So if his dad wanted to be a joint sponsor he would have to make enough on his own. For the I-134, I think the dad wouldn't be allowed to combine his income with him anyway, I think this is only allowed for the I-864.

[Divalicious 2]

It's based on household size. If he has no children or other dependents and it's just you two, he has to make about $20k a year. Keep in mind that for the K1 visa they only require 100% of the poverty level, but when you enter the US and do AOS he will need to make 125%. Here is a link with the official amounts:

http://www.uscis.gov/i-864p

Also he can't combine his income with his dad, unless he lives with him. So if his dad wanted to be a joint sponsor he would have to make enough on his own. For the I-134, I think the dad wouldn't be allowed to combine his income with him anyway, I think this is only allowed for the I-864.

He is earning enough for me to enter and marry him, the 100%. Is it correct we have a year for AOS and for him to make the 125%. Is that just him alone or am I able to work as well so that the 125% is reached? Or again, do they not allow you to combine them?

My next question is, if I'm there and we're married and he does not make the 125% required within the year, what happens? Will I be deported back to the UK?

[KayDeeCee 4,891]

No, it does not work that way. For London, the USC petitioner shows that they can support you, or a co-sponsor, or if the K-1 applicant has adequate assets, they can even self-sponsor. The CO decides whether or not the K-1 applicant will become a public charge or not once they are in the US. Current income is annualized. What you make an hour multiplied by how many hours you work a week and then multiplied by 52 weeks in a year will get you your current annual income amount. You prove that amount with a letter from your employer and/or recent pay stubs. I do not believe tax returns are required in London, but can only help if you have them.

Once you are in the US and married, you will need to file for AOS and the USC petitioner/spouse will need to provide an I-864 affidavit of support. That will require the most recent tax transcript to be submitted.

You should read through the London guide. It explains what is needed for the I-134 there > http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/

[Divalicious 2]

Again, if the 125% is not reached, what will happen?

Also, if my fiance earns around 16k per year, that is obviously not enough so how much would the second sponsor have to earn in order for it to be accepted? Would that just depend on their household?

[KayDeeCee 4,891]

Again, it does not work that way. If the sponsor cannot show they meet the income requirement with income and/or assets, or use a qualifying co-sponsor instead, then the K-1 visa will not be issued. I believe London may accept the 100% of the poverty level, but you might want to ask in the UK regional forum to be sure, or maybe someone with London experience will come along and answer.

If you need a co-sponsor, then that person must meet the income requirement for their own household size plus the foreign fiance(e). They will fill out the I-134 instead. They are not combining incomes with the USC petitioner or making up the difference.

[Ian H. 207]

Ok, here's the enchilada:

For the K1 visa, technically he only has to prove 100% of the poverty level, which for a household of 2, is $15,730 a year. Now, this is up to the discretion of the consulate or the CO if they will accept this, otherwise they would require 125% which is $19,662.

If the London consulate accepts the 100% of the poverty level, which if he makes $16k a year he would just be barely over the minimum, then you won't need a joint sponsor for now. He will still have to prove 125% of the poverty level when you file to adjust status, which he will definitely need a joint sponsor at that point.

Now, to be on the safe side, because I don't know how it works in London, it's best to meet the 125% requirement from the beginning. Therefore, you should get a joint sponsor. Some consulates supposedly don't allow joint sponsors for a fiance visa, but I have heard that London is very lenient and they should accept it.

Here's how it works in regards to meeting the income requirement and the joint sponsor:

The requirement isn't that your fiance has made 125% of the poverty level (about $20k) so far this year. It's that he is expected to make this much if he continues in this job. Therefore, let's say he makes $2k a month, even though he has only worked for 3 months, if he continues this job it would be at least $24k a year, putting him over the minimum. The amount you use is the amount before taxes by the way, not the amount after taxes.

Now, you said he only makes around $16k a year, so he wouldn't meet the 125% requirement and would need a joint sponsor. He would meet the 100% requirement which London may accept, but like I said it may be better to use a joint sponsor from the beginning, just in case.

Therefore, anyone can be a joint sponsor. A joint sponsor need not be related to either you or him. Also this joint sponsor has to live in the US or it's territories, be an LPR, USC, or US national. They also have to meet the 125% poverty level requirement on their own for their household size. You have to be included as part of the their household size, since you are the intending immigrant. They also cannot combine their income with your fiance in order to meet the requirement.

Your fiance would submit his own I-134 with his employment and tax proof. The joint sponsor would submit his own I-134 with his employment and tax proof. Then when the time comes to file AOS, they would both need an I-864.

Again, if the 125% is not reached, what will happen?

Also, if my fiance earns around 16k per year, that is obviously not enough so how much would the second sponsor have to earn in order for it to be accepted? Would that just depend on their household?

[KayDeeCee 4,891]

Your fiance would submit his own I-134 with his employment and tax proof. The joint sponsor would submit his own I-134 with his employment and tax proof. Then when the time comes to file AOS, they would both need an I-864.

For London they only need a sponsor, which is why I stated the co-sponsor would fill out the I-134 instead. If using a co-sponsor for London, then the USC does not need to provide financial documentation, just the co-sponsor. The OP would greatly benefit from reading through the London K-1 guide I linked above.

[Ian H. 207]

Ok. That's good if they won't need any documentation from her fiance. I didn't know they just wanted the his info. I did suggest to the OP in a message that she check in the London forum to be sure of what she needed.

OP: In this case your father in law should be able to be the sponsor. If he makes $20k a year this would put you above the 100% requirement, if London is ok with that. I still don't know how it plays out if he is legally married and he has to make enough for 3 people, I'm not sure how it works with the I-134 since every consulate will have varying requirements.

[baron555 934]

My fiance has been working for 3 months to support me for our Fiance Visa. He doesn't have any previous tax returns, if we do not include this, will it be denied? I thought you could apply after he's been working for 3 months at the right salary.

Current income is key. If he meets the guidelines he should be good to go.

[icebreaker15 4]

basically i am in the same situation like this person but i will use a co sponsor for my case