Tax return question (didn't file)

[Dave&Roza 748]

Hello fellow K1 visa...ers. I hope you're getting closer and closer to your goals, we are!

I do have one question though. For the interview phase of the process, I should provide 4 docs, employement, bank statement, I-134 and tax return...but I didn't work in 2014 because I wasn't in the country, I was still traveling!

Basically what I'm asking is, what can I provide to replace my tax returns?

Thanks!

As long as your current income is above the 125% level, which it sounds like it is and you seem to have proper proof, I would just write a statement that you were not REQUIRED to file an income tax return for 2014--I would go to the IRS website and see who is required to file a tax return. As long as you can state you do not meet those requirements, do so in a letter you sign and give to your fiancée to take to the interview. If for some reason you do meet the requirements of having to file a tax return, do so ASAP and get a copy to you fiancée for the interview. Filing and paying taxes are two separate things. USCIS expects all USCs and LPR to FILE a tax return whether this is the case or not.

Dave

[Mag&Chef 17]

I am in the same case as you,

but me I was injured and didn't work in 2014.

I found this:

Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the consular officer that they will not become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

so if we present all the documents that we have enough income this year, we will be ok for the interview. but for the AOS we need the 2015 tax return or a co-sponsor.

good luck

Edited July 4, 2015 by Mag&Chef

[CowBoE 429]

Good thing is you are making over 125% guideline, so that'll carry the biggest weight.

However, I've seen folks get requested to provide the past year's tax filing,

though they were not obligated to file the tax.

That said, my understanding is that you can file tax even if you are not required to.

So I may consider this...

1) File 2014 tax (yes, with no income)...just so that you can provide the tax filing documents.

2) Attach an explanation on why you had zero income in 2014.

3) Provide solid evidence of your 2015 income (6 months of pay stubs, 6 months of bank deposits,

letter of employment with your salary/wage)

4) If you filed taxes for 2013 and 2012, I may send that just to prove that you do pay tax

when required to and to further demonstrate your earning potential in your profession.

[jwyn3150 1]

I think I know what I have to do now, but thank you all very much for the tips and suggestions!