Unemployment and Affidavit of Support

[Andrea&Craig 0]

Hello all!

I'm fairly new here but have read tons of threads and am very thankful for the wealth of information here. We have not started the K-1 Visa process yet, but I had a question about Form I-134 Affidavit of Support. I am the US petitioner and we plan to file in October 2015. I was laid off from my full time position in November 2014 and am now partially self employed while receiving unemployment benefits as well. My 2014 tax return is well above the income requirements (and previous years are as well), and between the self employment and benefits I am also above the line.

Will the 2014 tax return be sufficient to prove eligibility? If they inquire about this year's income, will the benefits negatively affect us, or should I just mention the self employment and nothing else? If we are not asked to send in the I-134 until we are in 2016, can I still use the 2014 return? (I don't expect it will be after April 2016 if we get sent through CSC)

Cheers in advance for the help!

[aaron2020 11,651]

Hi,

Current income is what counts. Your tax returns provide evidence of the reliability of your income. Since you left your job, your tax returns are not going to get you pass the I-134 requirements. You will not be able to prove you HAVE a qualifying income in 2016 with income you HAD in 2014.

You need to declare all your income. Unemployment payments does not affect the immigration process. It's unlikely that unemployment will be counted since it ends within a year.

You need to earn more or see if the U.S. embassy will allow a Joint Sponsor.

Best of luck

[Andrea&Craig 0]

Thank you.

Should I even send in the tax return at all in that case? Should I go with self employment and unemployment as my income for 2015, even though the UI portion does not mean stable employment, or just look into getting a co-sponsor and go with that to be safe?

[Nich-Nick 3,354]

Thank you.

Should I even send in the tax return at all in that case? Should I go with self employment and unemployment as my income for 2015, even though the UI portion does not mean stable employment, or just look into getting a co-sponsor and go with that to be safe?

Nobody will look at your financial information until your fiancé takes it to the visa interview in London. That will easily be later than April 15, 2016. As stated already, you have to report your current job and income, not what you made in 2014. London is fine on an I-134 without a tax return if you have and employer letter or pay stubs. However being self employed, you won't have those things. Tax return is pretty much a given requirement for self-employed. Your tax return will have Schedule C (profit and Loss from business). It is not just what you took in but what's left after the various business deductions you will take. That profit amount ends up on the Form 1040 as income. The income immigration will be looking at will be Line 22 of the 1040.

London does allow another sponsor instead of the fiancé. They also allow the beneficiary to self-sponsor if he has a considerable amount of assets.

[Andrea&Craig 0]

Fair enough, I was only thinking 2014 because we were filing in 2015 and that return will not have been done yet. But you're right, if we are looking further into 2016 then I could be providing 2015 return. I was focusing on the return as I will not have the other items mentioned (pay stubs or letter)

I'm guessing I'll be providing all current income information and hopefully including a joint sponsor as well, if that makes sense to do. The income on my 2015 return will be over the requirement but I don't want to take chances since that includes UI.

Thanks for the answers.

Edited July 15, 2015 by Andrea&Craig