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Filed: K-1 Visa Country: Denmark
Timeline
Posted

* What is the required documents with I134 as a single sponsor and with a co-sponsor? What papers must a co-sponsor submit?

* If using a co-sponsor and he is taking care of his wife and child, will that be taken into consideration when filing the I134? Or is it only his income in relation to me and my child coming with me that matters? The co-sponsor (not even sure we can use this guy yet) has a wife and a child, and then I am coming to the US as well as my daughter, if all goes well obviously. Or does he have to earn more money considering that he has a wife and a child by his own?

* We do have someone ese that would gladly be our co-sponsor that would help us but he doesnt pay taxes, I guess he is out then?

* If we use a co-sponsor, does my boyfriend still have to provide income papers? If yes, what does he need to provide?

* My boyfriend has had a job for like 5 months and yet not paid taxes and his employer hasnt provided any employment papers (I am working on making him have this guy provide him this as his employer does have a registered business but we are kind of afraid he can kick his ### for requesting this).

Can he be the sole sponsor of me and my child if he gets the required employment paper stating when he was employed, his salary per year and month, what else does this paper need to say? We are also afraid we wont be able to use him as a sole sponsor due to the fact that he has only had his job for five months. The other things seem solveable (pay tax, get papers from employer). Also we are afraid this might not work because he is coming to Sweden to be with me for 2-3 months in december or january which might mean he might be here while I have my interview at the embassy (so that means he will be without income for 2-3 months as well), does this affect his possibility of being a sole sponsor of me and my daughter?

Income wise he earns enough like at least $2300-2500 a month. But like I said there will be 2-3 months without income because he is coming to see me and he hasnt yet paid taxes (I am calling the tax office tomorrow to ask how he gets started)

* What papers does he need from the employer part from the employment paper?

* Does my bf pay taxes every month or once a year? (sorry a bit OT but thought i could ask this too)

Sorry so many questions, I have everything else kind of sorted in my mind and started working on it, but seems the I134 is where all our problems start and I am desperately trying to sort everything out. Because in my country we have nothing due to unemployment being so high.

Posted (edited)

* What is the required documents with I134 as a single sponsor and with a co-sponsor? What papers must a co-sponsor submit?

For both the sponsor (petitioner) and cosponsor, you will EACH fill out a I-134, and submit Tax transcript or Tax Return and W2's, along with Employer Letter and paystubs. The requirements are the same for the cosponsor as they are for the petitioner/Sponsor. The only time you don't submit one of these things is if you don't have it. If the petitioner wasn't required to file taxes, when he doesn't need to show tax return. Obviously if he's unemployed then he doesn't show paystubs and employer statement. But if you have all the things available, you should get it all.

Anything you claim on the I-134 you have to prove. So if you put anything other than 0 for annual income, you have to prove it. If you show assets, you have to prove it with bank statements and such.

* If using a co-sponsor and he is taking care of his wife and child, will that be taken into consideration when filing the I134? Or is it only his income in relation to me and my child coming with me that matters? The co-sponsor (not even sure we can use this guy yet) has a wife and a child, and then I am coming to the US as well as my daughter, if all goes well obviously. Or does he have to earn more money considering that he has a wife and a child by his own?

If his wife and child are dependant then the cosponsor will count them in the household. The household total would be 5. Your cosponsor, his wife, his child, you, and your daughter. Your cosponsor would need to show he makes AT LEAST 35,512$ per year. http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

* We do have someone ese that would gladly be our co-sponsor that would help us but he doesnt pay taxes, I guess he is out then?

If he doesn't pay taxes LEGALLY, because he isn't required too then you can use him. But if he's not paying his taxes and is evading the law, he would need to file his taxes before he can sponsor.

* If we use a co-sponsor, does my boyfriend still have to provide income papers? If yes, what does he need to provide?

Anything he writes as income on the I-134 he has to provide. He has to provide a I-134 even if he has 0 income. If he claims he makes ANY money a year, he has to prove it with the same required documents I listed above.

* My boyfriend has had a job for like 5 months and yet not paid taxes and his employer hasnt provided any employment papers (I am working on making him have this guy provide him this as his employer does have a registered business but we are kind of afraid he can kick his ### for requesting this).

Can he be the sole sponsor of me and my child if he gets the required employment paper stating when he was employed, his salary per year and month, what else does this paper need to say? We are also afraid we wont be able to use him as a sole sponsor due to the fact that he has only had his job for five months. The other things seem solveable (pay tax, get papers from employer). Also we are afraid this might not work because he is coming to Sweden to be with me for 2-3 months in december or january which might mean he might be here while I have my interview at the embassy (so that means he will be without income for 2-3 months as well), does this affect his possibility of being a sole sponsor of me and my daughter?

Income wise he earns enough like at least $2300-2500 a month. But like I said there will be 2-3 months without income because he is coming to see me and he hasnt yet paid taxes (I am calling the tax office tomorrow to ask how he gets started)

He will HAVE to have an employer letter and paystubs if he has no tax returns for his current job last year, this will be something you REALLY want sorted out before AOS though. THey're alot more stingy on whats needed. He sounds like he makes enough though, but you def need to sort all of that stuff out.

When you go to AOS, he'll have to show the last three years of tax returns, if he doesn't have those, he'll have to write a statement as to why he didn't file taxes the past three years.

* What papers does he need from the employer part from the employment paper?

A letter stating when he started the job, if he is a temporary or permanant employee, the nature of his work (what he does) and how much he's estimated to make this year/annually. Usually on the companys letter head.

* Does my bf pay taxes every month or once a year? (sorry a bit OT but thought i could ask this too)

He should pay taxes once a year. This is something ya'll should definately talk about and go over, go over finances with him. Figure out a plan.

Sorry so many questions, I have everything else kind of sorted in my mind and started working on it, but seems the I134 is where all our problems start and I am desperately trying to sort everything out. Because in my country we have nothing due to unemployment being so high.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

Posted (edited)

Also, since I can't edit:

I'd like to add that if you're afraid his employer will kick is ### for asking for proof of employment you may want to make sure it's legit. Right now he's "employed" by a "registered business" making 2200-2500 a month and paying no taxes on it. Pretty sure that's illegal. Saying it's a registered business and proving it's a registered business are two different things.

But him working and not paying taxes on what he makes ESPECIALLY if he's making 2500$ a month, and not ever filling out any papers for the business... something sounds really shady.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

Filed: K-1 Visa Country: Denmark
Timeline
Posted

I tried to quote my original post as well as your replies to make it easier, but I will try this way as the quote tool didnt want to work and left the quote area blank.

* What comes to my mind is: his employer doesnt pay any benefits for him at all, no medical insurance etc. In fact I am starting to wonder if he pays any legal fees for my fiance (not even sure you have those over there but we do in Sweden). So how can we retrieve paystubs from his employer if he doesnt pay the other fees? Or is it enough if its paystubs just stating what he has earned so far? And how far back does the paystubs have to go? And if he cant provide pay stubs but employment letter (I think we can get an employment letter but might have difficulties obtaining the paystubs as his employer only ever writes him checks weekly) then what else can he provide that would be ok if he cant provide the paystubs? Will it be a problem if his employer isnt working him legally (we dont know if he does or not, but I get suspicious when he doesnt get any medical insurance but his employer does have a website and company trucks and all, so seems legitimate that way)?

* Also, he doesnt have any tax return papers, he hasnt paid taxes at all since 2008. I guess next year will be the first year (btw when does people pay taxes over there?) He worked for his dad's company before that and was only given enough to barely survive, like $150 a week cash and free houseroom in his dad's house. Will this cause potential problem? Apparently his dad hasnt paid taxes since 2005 so he cant be our co-sponsor although he earns enough money to be one he still hasnt paid his taxes (is this solveable, like if he pays taxes for 2014, but he should of done that earlier this year right?).

Will the USCIS look into this and report his dad? I cant believe anyone is so stupid and not paying their tax. Also how will my boyfriend explain he didnt pay taxes for the little money he earned by his dad? Maybe it is better to say he was given pocket money by his dad rather than to say he was helping him with his business?

* How many years of tax return does the co-sponsor need to provide? Obviously my boyfriend wont be able to show any year tax return (maybe next tax filing depending on when the interview at the embassy takes place but probably the interview will be held before my fiance pays the taxes).

Filed: K-1 Visa Country: Denmark
Timeline
Posted

Also, since I can't edit:

I'd like to add that if you're afraid his employer will kick is ### for asking for proof of employment you may want to make sure it's legit. Right now he's "employed" by a "registered business" making 2200-2500 a month and paying no taxes on it. Pretty sure that's illegal. Saying it's a registered business and proving it's a registered business are two different things.

But him working and not paying taxes on what he makes ESPECIALLY if he's making 2500$ a month, and not ever filling out any papers for the business... something sounds really shady.

I dont know if hes illegally employed or not but I do agree it sounds fishy. My boyfriend has only had this job for about five months, and obviously he wants to pay taxes the next tax period (i thought it was paid every month like in Sweden, hence I asked in the previous post), when is that paid? In the spring? So my boyfriend cant be doing anything illegal since he has only had his job for five months and you said people in the US pay their taxes once a year and so far that tax payment period that affects my boyfriend hasnt occured.

What do you mean by filling out papers for business? Sometimes I get confused if youre talking about my boyfriend or his employer. My boyfriend wants to pay taxes.

How do we find out if his employer is legal or not?

Filed: K-1 Visa Country: Sweden
Timeline
Posted (edited)

If the company can´t provide that info and are threatening to fire him if he pushes it, then it is shady. You have to pay taxes, and he should get the documentation needed.

Tell your fiance to start looking for another LEGIT job, with all the paperwork included. This will help your process.

Have you looked into him coming to Sweden? :)

Edited by Izor

Adjustment of Status

Date Filed : 2016-07-14

NOA Date : 2016-07-23

Bio. Appt. : 2016-08-08

Interview Date : 2016-10-25

Approval / Denial Date : 2016-10-25 APPROVED

Green card Received: 2016-11-02


Employment Authorization Document

Date Filed : 2016-07-14

Approved Date : 2016-09-19





(F) Every love story is beautiful but ours is my favourite (F)

Posted (edited)

I tried to quote my original post as well as your replies to make it easier, but I will try this way as the quote tool didnt want to work and left the quote area blank.

* What comes to my mind is: his employer doesnt pay any benefits for him at all, no medical insurance etc. In fact I am starting to wonder if he pays any legal fees for my fiance (not even sure you have those over there but we do in Sweden). So how can we retrieve paystubs from his employer if he doesnt pay the other fees? Or is it enough if its paystubs just stating what he has earned so far? And how far back does the paystubs have to go? And if he cant provide pay stubs but employment letter (I think we can get an employment letter but might have difficulties obtaining the paystubs as his employer only ever writes him checks weekly) then what else can he provide that would be ok if he cant provide the paystubs? Will it be a problem if his employer isnt working him legally (we dont know if he does or not, but I get suspicious when he doesnt get any medical insurance but his employer does have a website and company trucks and all, so seems legitimate that way)?

* Also, he doesnt have any tax return papers, he hasnt paid taxes at all since 2008. I guess next year will be the first year (btw when does people pay taxes over there?) He worked for his dad's company before that and was only given enough to barely survive, like $150 a week cash and free houseroom in his dad's house. Will this cause potential problem? Apparently his dad hasnt paid taxes since 2005 so he cant be our co-sponsor although he earns enough money to be one he still hasnt paid his taxes (is this solveable, like if he pays taxes for 2014, but he should of done that earlier this year right?).

Will the USCIS look into this and report his dad? I cant believe anyone is so stupid and not paying their tax. Also how will my boyfriend explain he didnt pay taxes for the little money he earned by his dad? Maybe it is better to say he was given pocket money by his dad rather than to say he was helping him with his business?

* How many years of tax return does the co-sponsor need to provide? Obviously my boyfriend wont be able to show any year tax return (maybe next tax filing depending on when the interview at the embassy takes place but probably the interview will be held before my fiance pays the taxes).

It's okay, it's because I wrote inside your quote! I'll separate it to make it easier!

1. No benefits is normal for work though at some places. If you work less than full time, the employer has the option to either provide or not provide you with inhouse insurance. I don't think we do legal fees, but ALL the money he recieves SHOULD be taxes by the government. He should always have medicaid and social security taken out at least.

As for pay stubs, you just need a month or two worth, but pay stubs are usually done by payroll or the finance section of the company. It would show how many hours he worked in that pay period, how much he got paid in that pay period, how much he's worked since the year started (in his case, since he started), how much he's made since then, and then show the taxes coming out of the pay.

You need paystubs with an employer letter, any guy can write a letter, but to show paystubs makes it more real. If he's working him illegally then both of them could be in trouble and your fiance could owe taxes on what he's already received. If he hasn't filled out any forms for this company, I suggest he get a new job ASAP. He's working under the table at the moment.

A pay stub should look something like this: http://www.pay-stubs.com/wp-content/uploads/2013/07/pay-sample.png

As for papers to fill out, MOST employers give the employee some kind of at least safety agreement or some form of agreement upon hireing, such as I'll be paid blah blah. You also have to fill out tax papers that will eventually turn into your W2 (what you use to file your taxes once a year). When you get a job, you just don't start working and get paid checks. Usually you have to show ID, have them log your social security number on tax documents, and fill out any needed information the company may need on file. The companys generally do this for themselves, to protect them in case of audits from the government. But it's something your fiance should have done.

As for the taxes, if he wasnt' required to file taxes because he didn't make enough then it's fine, he'll have to write a letter saying that he hasn't filed taxes and why he hasn't and prove that it was legal that he didn't. If your boyfriend was making less than like 10000$ a year he wouldn't have to file, so he wouldn't have to say anything more than "I wasn't legally required to file taxes as I didnt make enough these years".

The fact that both of them sound shady (no offense) should be a red flag. I'd urge your fiance to find a real job with a legit employer.

For K-1 You provide the most recent tax return along with the I-134, for AOS though, which you will be doing, you need to provide 3 years worth of tax returns.

Again though, I'd tread carefully. Your fiances dad hasn't paid taxes in 10 years and your fiance is currently making 2500 a month and getting paid under the table (not paying taxes on his paychecks). He may not technically even work for the company he thinks he does, he may just work for that guy who happens to work in the company, or else there is NO reason as to why he didn't fill out tax papers when hired. This is something that happens BEFORE you receive a paycheck, generally it's done on the first day and/or in training.

As for them getting on your fiance for not paying taxes on his paychecks, I don't think USCIS will get on him but he'll get caught by the IRS eventually and.... well that's not good for anyone.

And to highlight this:

Taxes are done once a year unless you're self employed. Tax season starts in Feburary and ends April 15th. MOST people don't make enough to actually have to pay taxes after already having them taken out of the check, most people receive a refund on most of the taxes they did pay that came out of their check. You file taxes once a year to essentially confirm your income with the government and show them you paid them your part with every paycheck you made. Taxes can be very complicated, but what I'm explaining is the simple version, something that someone that might work retail or even at a office may deal with. He should be having taxes removed from EVERYTHING he's making currently. If he doesn't then he will owe the IRS when he files his taxes because he didn't pay his taxes on every paycheck he made.

Taxes themselves come IMMEDIATELY out of your paycheck, as again you can see by this paystub example, it shows how much was made and how much was taken out via taxes, and then the net amount they had after taxes, this is for a TWO WEEK pay period. : http://www.pay-stubs.com/wp-content/uploads/2013/07/pay-sample.png

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

For K-1 You provide the most recent tax return along with the I-134, for AOS though, which you will be doing, you need to provide 3 years worth of tax returns.

Your info in this thread has been really good. I just wanted to point out that for AOS and the I-864, you only have to submit the most recent tax return/transcript. You need to list the Total Income from the last 3 years on the form, but only provide a copy of the most recent.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Posted (edited)

Your info in this thread has been really good. I just wanted to point out that for AOS and the I-864, you only have to submit the most recent tax return/transcript. You need to list the Total Income from the last 3 years on the form, but only provide a copy of the most recent.

Oh awesome! Learn something new everyday! And I usually learn it when I'm corrected which isn't always a bad thing LOL!

That's good because I had already been preparing for AOS since we'll be sending that in shortly after we're married, so by the end of the year, we had prepared for all three!

Granted sometimes VJ goes overboard with details and proof, We were planning on doing the last three because on the AOS K1 tip guide on here is says " PLUS the supporting documentation for the I-864 form: letter from employer confirming employment, the last 3 years of tax returns, plus any documentation of your financial resources if you choose to include this". http://www.visajourney.com/content/k1aos

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Yes, there are a lot of 'overboard' suggestions here. :) But since it is better to have it and not need it than to not have it and then need it, I suppose going overboard is better than under.

For the I-864, just submit the most recent( and extra years if you wish), plus proof of current income via letter from employer and/or recent pay stubs.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: K-1 Visa Country: Denmark
Timeline
Posted

If the company can´t provide that info and are threatening to fire him if he pushes it, then it is shady. You have to pay taxes, and he should get the documentation needed.

Tell your fiance to start looking for another LEGIT job, with all the paperwork included. This will help your process.

Have you looked into him coming to Sweden? :)

He prefers coming to Sweden to get a proper education but I prefer living there as his family is way more supportive than ours and I like it over there. I am trying to make him push his employer for the papers but I can tell he's reluctant and a bit afraid to get fired. I am starting to think this employer fooled my boyfriend (excuse my boyfriend, his heart is so good he believes everyone until else has been proved).

I dont know what to do. If he finds another job, how long does he have to have it until we can file for the K1 visa?

We are having difficulties finding a co-sponsor as his dad hasnt paid taxes since 2005, and his uncle is rich but he doesnt have a good relationship with him although he pays taxes, and his sister's boyfriend does pay taxes but we are afraid he doesnt make enough money as he has a wife and a child on his own as well.

How does one convince someone to be a co-sponsor?

Your info in this thread has been really good. I just wanted to point out that for AOS and the I-864, you only have to submit the most recent tax return/transcript. You need to list the Total Income from the last 3 years on the form, but only provide a copy of the most recent.

So if he makes his employer send in the w2, get an employment letter and pay stubs he should be fine? How many pay stubs does he need?

Filed: K-1 Visa Country: Denmark
Timeline
Posted

It's okay, it's because I wrote inside your quote! I'll separate it to make it easier!

1. No benefits is normal for work though at some places. If you work less than full time, the employer has the option to either provide or not provide you with inhouse insurance. I don't think we do legal fees, but ALL the money he recieves SHOULD be taxes by the government. He should always have medicaid and social security taken out at least.

As for pay stubs, you just need a month or two worth, but pay stubs are usually done by payroll or the finance section of the company. It would show how many hours he worked in that pay period, how much he got paid in that pay period, how much he's worked since the year started (in his case, since he started), how much he's made since then, and then show the taxes coming out of the pay.

You need paystubs with an employer letter, any guy can write a letter, but to show paystubs makes it more real. If he's working him illegally then both of them could be in trouble and your fiance could owe taxes on what he's already received. If he hasn't filled out any forms for this company, I suggest he get a new job ASAP. He's working under the table at the moment.

A pay stub should look something like this: http://www.pay-stubs.com/wp-content/uploads/2013/07/pay-sample.png

As for papers to fill out, MOST employers give the employee some kind of at least safety agreement or some form of agreement upon hireing, such as I'll be paid blah blah. You also have to fill out tax papers that will eventually turn into your W2 (what you use to file your taxes once a year). When you get a job, you just don't start working and get paid checks. Usually you have to show ID, have them log your social security number on tax documents, and fill out any needed information the company may need on file. The companys generally do this for themselves, to protect them in case of audits from the government. But it's something your fiance should have done.

As for the taxes, if he wasnt' required to file taxes because he didn't make enough then it's fine, he'll have to write a letter saying that he hasn't filed taxes and why he hasn't and prove that it was legal that he didn't. If your boyfriend was making less than like 10000$ a year he wouldn't have to file, so he wouldn't have to say anything more than "I wasn't legally required to file taxes as I didnt make enough these years".

The fact that both of them sound shady (no offense) should be a red flag. I'd urge your fiance to find a real job with a legit employer.

For K-1 You provide the most recent tax return along with the I-134, for AOS though, which you will be doing, you need to provide 3 years worth of tax returns.

Again though, I'd tread carefully. Your fiances dad hasn't paid taxes in 10 years and your fiance is currently making 2500 a month and getting paid under the table (not paying taxes on his paychecks). He may not technically even work for the company he thinks he does, he may just work for that guy who happens to work in the company, or else there is NO reason as to why he didn't fill out tax papers when hired. This is something that happens BEFORE you receive a paycheck, generally it's done on the first day and/or in training.

As for them getting on your fiance for not paying taxes on his paychecks, I don't think USCIS will get on him but he'll get caught by the IRS eventually and.... well that's not good for anyone.

And to highlight this:

Taxes are done once a year unless you're self employed. Tax season starts in Feburary and ends April 15th. MOST people don't make enough to actually have to pay taxes after already having them taken out of the check, most people receive a refund on most of the taxes they did pay that came out of their check. You file taxes once a year to essentially confirm your income with the government and show them you paid them your part with every paycheck you made. Taxes can be very complicated, but what I'm explaining is the simple version, something that someone that might work retail or even at a office may deal with. He should be having taxes removed from EVERYTHING he's making currently. If he doesn't then he will owe the IRS when he files his taxes because he didn't pay his taxes on every paycheck he made.

Taxes themselves come IMMEDIATELY out of your paycheck, as again you can see by this paystub example, it shows how much was made and how much was taken out via taxes, and then the net amount they had after taxes, this is for a TWO WEEK pay period. : http://www.pay-stubs.com/wp-content/uploads/2013/07/pay-sample.png

This makes me think something really is fishy with his employer because my fiance gets his paycheck through a check every week and I know for a fact he does not pay taxes for each check. He thinks he is going to pay taxes once a year.

Please someone help us sort this. I am so disappointed in this employer and yes maybe my fiance should of known better but trust me he is really naive due to his kind heart. Can his employer start fixing pay stubs now or is it too late?

It's okay, it's because I wrote inside your quote! I'll separate it to make it easier!

1. No benefits is normal for work though at some places. If you work less than full time, the employer has the option to either provide or not provide you with inhouse insurance. I don't think we do legal fees, but ALL the money he recieves SHOULD be taxes by the government. He should always have medicaid and social security taken out at least.

As for pay stubs, you just need a month or two worth, but pay stubs are usually done by payroll or the finance section of the company. It would show how many hours he worked in that pay period, how much he got paid in that pay period, how much he's worked since the year started (in his case, since he started), how much he's made since then, and then show the taxes coming out of the pay.

You need paystubs with an employer letter, any guy can write a letter, but to show paystubs makes it more real. If he's working him illegally then both of them could be in trouble and your fiance could owe taxes on what he's already received. If he hasn't filled out any forms for this company, I suggest he get a new job ASAP. He's working under the table at the moment.

A pay stub should look something like this: http://www.pay-stubs.com/wp-content/uploads/2013/07/pay-sample.png

As for papers to fill out, MOST employers give the employee some kind of at least safety agreement or some form of agreement upon hireing, such as I'll be paid blah blah. You also have to fill out tax papers that will eventually turn into your W2 (what you use to file your taxes once a year). When you get a job, you just don't start working and get paid checks. Usually you have to show ID, have them log your social security number on tax documents, and fill out any needed information the company may need on file. The companys generally do this for themselves, to protect them in case of audits from the government. But it's something your fiance should have done.

As for the taxes, if he wasnt' required to file taxes because he didn't make enough then it's fine, he'll have to write a letter saying that he hasn't filed taxes and why he hasn't and prove that it was legal that he didn't. If your boyfriend was making less than like 10000$ a year he wouldn't have to file, so he wouldn't have to say anything more than "I wasn't legally required to file taxes as I didnt make enough these years".

The fact that both of them sound shady (no offense) should be a red flag. I'd urge your fiance to find a real job with a legit employer.

For K-1 You provide the most recent tax return along with the I-134, for AOS though, which you will be doing, you need to provide 3 years worth of tax returns.

Again though, I'd tread carefully. Your fiances dad hasn't paid taxes in 10 years and your fiance is currently making 2500 a month and getting paid under the table (not paying taxes on his paychecks). He may not technically even work for the company he thinks he does, he may just work for that guy who happens to work in the company, or else there is NO reason as to why he didn't fill out tax papers when hired. This is something that happens BEFORE you receive a paycheck, generally it's done on the first day and/or in training.

As for them getting on your fiance for not paying taxes on his paychecks, I don't think USCIS will get on him but he'll get caught by the IRS eventually and.... well that's not good for anyone.

And to highlight this:

Taxes are done once a year unless you're self employed. Tax season starts in Feburary and ends April 15th. MOST people don't make enough to actually have to pay taxes after already having them taken out of the check, most people receive a refund on most of the taxes they did pay that came out of their check. You file taxes once a year to essentially confirm your income with the government and show them you paid them your part with every paycheck you made. Taxes can be very complicated, but what I'm explaining is the simple version, something that someone that might work retail or even at a office may deal with. He should be having taxes removed from EVERYTHING he's making currently. If he doesn't then he will owe the IRS when he files his taxes because he didn't pay his taxes on every paycheck he made.

Taxes themselves come IMMEDIATELY out of your paycheck, as again you can see by this paystub example, it shows how much was made and how much was taken out via taxes, and then the net amount they had after taxes, this is for a TWO WEEK pay period. : http://www.pay-stubs.com/wp-content/uploads/2013/07/pay-sample.png

No taxes is being removed at all currently, is there a way to get around the pay stubs? He has every intention of paying taxes and do this legally, do we have to be punished if his employer wont sort this? How do we sort this (if its possible to sort)? Please help. We are getting desperate.

Filed: K-1 Visa Country: Sweden
Timeline
Posted

He prefers coming to Sweden to get a proper education but I prefer living there as his family is way more supportive than ours and I like it over there. I am trying to make him push his employer for the papers but I can tell he's reluctant and a bit afraid to get fired. I am starting to think this employer fooled my boyfriend (excuse my boyfriend, his heart is so good he believes everyone until else has been proved).

I dont know what to do. If he finds another job, how long does he have to have it until we can file for the K1 visa?

We are having difficulties finding a co-sponsor as his dad hasnt paid taxes since 2005, and his uncle is rich but he doesnt have a good relationship with him although he pays taxes, and his sister's boyfriend does pay taxes but we are afraid he doesnt make enough money as he has a wife and a child on his own as well.

How does one convince someone to be a co-sponsor?

I will try to not be a downer

But you need to consider your future as well. How will he support both of you when you get there if there is no stability or security in his employment?

I understand that this is a tricky situation and i understand that you really want to live there. But climate in the US is very different compared to Sweden. The social security is gone and things are more expensive. Insurances, childcare etc aren´t free. Does he have any insurances with his job? trust me, you would want an insurance for you and the child. We are very spoiled in Sweden :)

So co-sponsors are a serious business, you need to find one that is really WILLING to pay for both of you if hits the fan.

Think about who that might be. Maybe he has some family paying taxes and that are supportive of this?

You sound a bit lost and you really need to consider what you are signing yourself up for :) Sometimes it is better to wait, create a bit more stability (spec with a child in the picture) and then go for it.

Do not rush into this since you might end up regretting it.

Adjustment of Status

Date Filed : 2016-07-14

NOA Date : 2016-07-23

Bio. Appt. : 2016-08-08

Interview Date : 2016-10-25

Approval / Denial Date : 2016-10-25 APPROVED

Green card Received: 2016-11-02


Employment Authorization Document

Date Filed : 2016-07-14

Approved Date : 2016-09-19





(F) Every love story is beautiful but ours is my favourite (F)

Posted (edited)

This makes me think something really is fishy with his employer because my fiance gets his paycheck through a check every week and I know for a fact he does not pay taxes for each check. He thinks he is going to pay taxes once a year.

Please someone help us sort this. I am so disappointed in this employer and yes maybe my fiance should of known better but trust me he is really naive due to his kind heart. Can his employer start fixing pay stubs now or is it too late?

No taxes is being removed at all currently, is there a way to get around the pay stubs? He has every intention of paying taxes and do this legally, do we have to be punished if his employer wont sort this? How do we sort this (if its possible to sort)? Please help. We are getting desperate.

Not going to lie, and I know you're getting desperate but..

You can't put all the blame on the employer. YOUR FIANCE is aware he's not paying taxes, he's aware he didn't fill out the forms needed, he's aware he's getting paid with personal checks and there aren't any paystubs or anything to track his hours work, his taxes paid, and how much he recieves after those taxes, yet he still chooses to work this. While money's important, you guys are going to be dealing with the federal government for more than just the K1 visa. He needs to make money the legal way. When he files his taxes, is he keeping documentation of EVERY check he's recieving. Normally he'd fill out a W-4 that would show his tax witholdings, the company would file that with the IRS and then he would recieve a W2 showing all money he made in the tax year. He won't have that, so he needs to keep copies of EVERY check he's received. There's also the chance that you'll need someone to help ya'll with your taxes.

He needs to get his financial situation fixed BEFORE he tries to bring you here. There is no way around paystubs unless he has a tax return for last year from the same place which he doesn't. Paystubs are the most simple thing to get if he's working for a legitimate business. I can print out paystubs off a site from a company I only worked for for 3 weeks, that I quit in May/June.

Again, I know you're deseperate, but right now he's not paying taxes and he's receiving personal checks for his work. When he tries to pay taxes at the end of the year, if everything goes right he could be owing thousands of dollars that ya'll might not have, this isn't including paying someone to help ya'll, and this is assuming he has EVERY check of payments from start to finish.

While I understand that he intends on paying the taxes in the future, what he needs to do is find another job ASAP. What happens if he doesn't? Most people are not okay with the kind of work he is doing.

Like the above poster said, everything is very expensive here, he needs to find a job that can provide insurance to you and him and a child. Childcare is VERY VERY expensive here to the point where most stay at home mom's now say they don't work because their paycheck ONLY pays childcare, and there is no point to pay someone to watch your kid in the time that you could be watching your kid since they don't make any income off it.

If he's staying with this job, he needs to demand to fill out a W-4 and be paid through payroll and finance. A W-4 will get him his future W-2 and dictate his claimed tax witholdings.

http://www.irs.gov/pub/irs-pdf/fw4.pdf

https://turbotax.intuit.com/tax-tools/tax-tips/IRS-Tax-Forms/What-is-a-W-4-Form-/INF14815.html

Personally though, I think you guys need to wait until his situation is more stable. From the sounds of it, he could be fired at any moment and there's nothing he could do about it. There was no agreement, he's simply doing some work and accepting checks, the employer could easily say "well I told him to do this work, he did it, I paid him, and now I don't need his work anymore. We don't have a contract".

Remember, this financial stuff is something you'll be reporting to the government for your AOS, and ROC, and then every green card renewal I believe. Make sure it's legit.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

If he is legally required to file taxes, then he must do so. If he hasn't been, then he needs to file the last 3 years of back taxes. He cannot sponsor you unless he sorts out his financials and tax obligations.

He can report his employer to the IRS, and file taxes without his employer providing a W-2. http://www.irs.gov/uac/About-Form-4852

He can also add up all his paychecks and file as self-employed, though his 'employer' should have provided a 1099 in that case, but can file without one > http://www.irs.gov/Individuals/Self-Employed

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

 
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