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Suzanne and Gary

looking for advice on filing affidavit of support

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Here's my situation: Our K1 visa was approved in Feb 2007 using my 2005 tax forms for the affidavit of support. Now here we are married and trying to fill out the AOS forms and I am really stressing about the affidavit. My 2005 taxes were just over the poverty guidelines(I am self employed). I was going to just submit my 2005 tax form again,but after reading about all of the RFE's I am stressing that they will request my 2006 tax form and because of extra buisness expenses I am under the poverty guidelines by $700.00. What would you do - submit just the 2005 taxes and cross my fingers or submit the current 2006 tax form and get my parents who are retired to cosponsor? Am scared to death of getting denied. I wonder what the percentages of denials are? I am in shock that they would give an initial approval, have your fiancee give up his life to move here and then face a denial.


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I am in shock that they would give an initial approval, have your fiancee give up his life to move here and then face a denial.

One should always weigh (at the consulate phase) whether the financials are stable enough to bring home the bacon at the AOS phase.

The London consulate uses the I134 very loosely. And, as the I134 itself DOES NOT REQUIRE the poverty guideline of 125% to be met (but rather 100%), London was perfectly within its responsibilities to prove your petition based upon the evidence provided them.

That being said, all is not lost. Your shortfall is minimal and can be overcome by showing assets three times the amount of it (in your case $2100.00).

As a self employed individual, you should submit three years income tax returns. Do these returns show an average over the requirements? If so that information could also be beneficial to you.

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Suzanne and Gary,

Have you filed that 2006 tax return yet? You are going to have to provide it, so if you haven't yet filed it you might consider adjusting the business deductions that you claim so as to meet the income requirement. It's counterproductive with respect to your pocketbook, but if you can afford it it might avoid requiring a joint sponsor.

Yodrak

Have

Here's my situation: Our K1 visa was approved in Feb 2007 using my 2005 tax forms for the affidavit of support. Now here we are married and trying to fill out the AOS forms and I am really stressing about the affidavit. My 2005 taxes were just over the poverty guidelines(I am self employed). I was going to just submit my 2005 tax form again,but after reading about all of the RFE's I am stressing that they will request my 2006 tax form and because of extra buisness expenses I am under the poverty guidelines by $700.00. What would you do - submit just the 2005 taxes and cross my fingers or submit the current 2006 tax form and get my parents who are retired to cosponsor? Am scared to death of getting denied. I wonder what the percentages of denials are? I am in shock that they would give an initial approval, have your fiancee give up his life to move here and then face a denial.

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Thank you for the replies. rebbecajo, I'm sure it was very clear that you had to meet the 125% guidelines at the I134 phase and as far as knowing what was to come with the AOS, unless I completely ignored it I do not remember being warned about anything to do with regards to what was to come with the AOS. Why this srcutiny is not done at the initial phase is a complete mystery to me.

In regards to other assests, we did go ahead and fill out that section on the AOS and our combined assests total 34,000.00 so I will be very happy if this is enough and I do not need a cosponsor. Did you go through this yourself?

In regards to my tax forms, I have the 2006 completed and back already. I wouldn't have claimed my new work vehicle if I had known about this, but how much research can one do? These forms can be a full time job. IT won't help me to show all 3 years as 2005 is the only one that goes over the guidlines. Should I send a ll 3 regardless? Trying to avoid as many RFE's as I can.

Thanks again for the feedback

Here's my situation: Our K1 visa was approved in Feb 2007 using my 2005 tax forms for the affidavit of support. Now here we are married and trying to fill out the AOS forms and I am really stressing about the affidavit. My 2005 taxes were just over the poverty guidelines(I am self employed). I was going to just submit my 2005 tax form again,but after reading about all of the RFE's I am stressing that they will request my 2006 tax form and because of extra buisness expenses I am under the poverty guidelines by $700.00. What would you do - submit just the 2005 taxes and cross my fingers or submit the current 2006 tax form and get my parents who are retired to cosponsor? Am scared to death of getting denied. I wonder what the percentages of denials are? I am in shock that they would give an initial approval, have your fiancee give up his life to move here and then face a denial.

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Yes, I went through the process - and my financials were far from perfect. I had a shortfall as well. I was using child support as part of my income. It was a rather large package. My personal experience gave me cause to research the I134 and I864 heavily, and as such I've got a decent working knowledge of them.

I think your post is timely to all going through the K1 phase. Very good advice that one look ahead.

If you have $34000 of verifiable liquid assets, you certainly don't need a co-sponsor.

FYI - The I134 does not require 125% of the poverty guidelines for sufficiency. In fact, it makes no reference to any guidelines at all - only a sufficient amount to satisfy the consulate.

Thank you for the replies. rebbecajo, I'm sure it was very clear that you had to meet the 125% guidelines at the I134 phase and as far as knowing what was to come with the AOS, unless I completely ignored it I do not remember being warned about anything to do with regards to what was to come with the AOS. Why this srcutiny is not done at the initial phase is a complete mystery to me.

In regards to other assests, we did go ahead and fill out that section on the AOS and our combined assests total 34,000.00 so I will be very happy if this is enough and I do not need a cosponsor. Did you go through this yourself?

In regards to my tax forms, I have the 2006 completed and back already. I wouldn't have claimed my new work vehicle if I had known about this, but how much research can one do? These forms can be a full time job. IT won't help me to show all 3 years as 2005 is the only one that goes over the guidlines. Should I send a ll 3 regardless? Trying to avoid as many RFE's as I can.

Thanks again for the feedback

Here's my situation: Our K1 visa was approved in Feb 2007 using my 2005 tax forms for the affidavit of support. Now here we are married and trying to fill out the AOS forms and I am really stressing about the affidavit. My 2005 taxes were just over the poverty guidelines(I am self employed). I was going to just submit my 2005 tax form again,but after reading about all of the RFE's I am stressing that they will request my 2006 tax form and because of extra buisness expenses I am under the poverty guidelines by $700.00. What would you do - submit just the 2005 taxes and cross my fingers or submit the current 2006 tax form and get my parents who are retired to cosponsor? Am scared to death of getting denied. I wonder what the percentages of denials are? I am in shock that they would give an initial approval, have your fiancee give up his life to move here and then face a denial.

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Suzanne,

Your combined assets will make up a lot of ground for you. If you include them, bue sure they are all well documented (paper proof of ownership & value).

I highly suspect you will be requested to supply this most current year's (2006) tax returns; the RFEs have not been observing the 'one-year' rule and I can't see any reason to not send 06, 05, 04 tax returns in. There is NO REQUIREMENT for anything other than your CURRENT income to be 125%+ of the Poverty Guideline for your household. Additional returns will bolster your overall income history story, and that will help you.

The best strategy for avoiding an RFE on financials over this past 6 months or so seems to be: Send complete tax transcripts for the past 3 tax years and ample proof of current income. Your job is to paint as complete a financial picture as possible, to demonstrate that your household is meeting the income requirements.

Spouse's legal income can be included as well as his/her assets.

Thank you for the replies. rebbecajo, I'm sure it was very clear that you had to meet the 125% guidelines at the I134 phase and as far as knowing what was to come with the AOS, unless I completely ignored it I do not remember being warned about anything to do with regards to what was to come with the AOS. Why this srcutiny is not done at the initial phase is a complete mystery to me.

In regards to other assests, we did go ahead and fill out that section on the AOS and our combined assests total 34,000.00 so I will be very happy if this is enough and I do not need a cosponsor. Did you go through this yourself?

In regards to my tax forms, I have the 2006 completed and back already. I wouldn't have claimed my new work vehicle if I had known about this, but how much research can one do? These forms can be a full time job. IT won't help me to show all 3 years as 2005 is the only one that goes over the guidlines. Should I send a ll 3 regardless? Trying to avoid as many RFE's as I can.

Thanks again for the feedback

Here's my situation: Our K1 visa was approved in Feb 2007 using my 2005 tax forms for the affidavit of support. Now here we are married and trying to fill out the AOS forms and I am really stressing about the affidavit. My 2005 taxes were just over the poverty guidelines(I am self employed). I was going to just submit my 2005 tax form again,but after reading about all of the RFE's I am stressing that they will request my 2006 tax form and because of extra buisness expenses I am under the poverty guidelines by $700.00. What would you do - submit just the 2005 taxes and cross my fingers or submit the current 2006 tax form and get my parents who are retired to cosponsor? Am scared to death of getting denied. I wonder what the percentages of denials are? I am in shock that they would give an initial approval, have your fiancee give up his life to move here and then face a denial.


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Suzanne and Gary,

The FAM is very clear, in 9 FAM 40.41 (Public Charge) Notes, and I believe also in 9 FAM 41.81 (Fiance(e)s) Notes, that I-864 requirements do not apply to non-immigrants and that the correct guideline is 100% of the poverty level. Nevertheless, it remains the responsibility of the consular officer handling the visa application to decide whether or not the visa applicant meets the public charge provisions of the law, and arguing with them can be counter-productive.

K-visa applicants are non-immigrants. The tougher requirements placed on immigrants, as embodied in I-864, do not come into play for them until they apply to become immigrants by submitting I-485 to adjust their status.

Yodrak

Thank you for the replies. rebbecajo, I'm sure it was very clear that you had to meet the 125% guidelines at the I134 phase and as far as knowing what was to come with the AOS, unless I completely ignored it I do not remember being warned about anything to do with regards to what was to come with the AOS. Why this srcutiny is not done at the initial phase is a complete mystery to me.

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Hi,

I found this document just before filing my AOS package. I thought it was really interesting and helpful, specially the examples on page 14 regarding tax information requirements depending on the date the I-864 form is signed.

http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf

Edited by E&K

May 1996: Met in Mexico
K1
March 7th, 2006: Sent 129F to NSC
March 9th, 2006: NOA1 Day 1
June 15th, 2006: Notice of transfer to CSC
October 3rd, 2006: IMBRA RFE e-mail
October 17th, 2006 CSC e-mail confirming RFE receipt.
October 18th, 2006: NOA2!!!!!!!! 224 days!
October 25th, 2006: NVC received file
November 10th, 2006: Received Packet from CDJ
January 5th, 2007: Visa approved!!!! 302 days!
February 16th, 2007: Civil Ceremony
AOS
February 21st, 2007: Mailed AOS, EAD & AP to Chicago
March 1st, 2007: NOA1 - Day 1
March 26th, 2007: I-485 transferred to CSC - Day 25
March 30th, 2007: Biometrics appointment - Day 29
April 14th, 2007: Big Wedding!!!!
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May 10th, 2007: EAD Approved- Day 70
September 20th, 2007: SECOND Biometrics appointment - Day 203
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December 10th, 2007: Received GC - Day 284
Removal of Conditions
August 31st, 2009: Mailed I-751 to CSC
September 2nd, 2009: NOA1 - Day 1
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October 26th, 2009: 10 year GC approved!! - Day 55
October 31st, 2009: Received GC - Day 60

NATURALIZATION

May 7th, 2013: Mailed N-400

May 9th, 2013: NOA1 - Day 1

June 10th, 2013: Biometrics Appointment - Day 33

September 5th, 2013: Interview - Day

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