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Posted (edited)

Hi everyone,

Can anytime tell me if my tax return is needed anytime before or during my fiancé's interview? will my tax return information potentially screw up the interview?

I have a full time job currently. On 2015, I went to school full time and worked part time. I've filed my 2015 tax return.

the issue we are having right now is that: because my mother isn't working. I'm the only person working and providing in the house. she asked me to claim my 3 younger siblings on my tax return. all the tax return money is for my siblings to spend. since I did that, does it state I have a household of 5 include my fiancé when she comes here? then my annual income($ 25,000) wouldn't be enough for her to come here.

Can we explain to the officer that even I filed tax return claimed my siblings for the last 2 years. but we are only a household of 2 starting this year 2016. that's the only way my annual income can be adequate for her to come here. (I'd expect my mother start working this year so she can claim my siblings.)

or do I have to find a co-sponsor to fill out the I-134?

I feel bad and anxious about this now because it seems like due to I claimed my 3 siblings, it made my annual income fell below the standard. potentially it has caused a big problem for me and my fiancé and this is very important for us.

Please help. thank you in advance!

Edited by Zander
Filed: Citizen (apr) Country: Mexico
Timeline
Posted

If your consulate's instructions ask for the most recent tax return, then you will need to supply it. You will also need to supply it after married and filing for AOS. Anyone claimed on your 2015 taxes will be counted in your household size.

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

Thank you for your reply, KayDeeCee

I was reading on healthcare.gov website about who to include in the household.

it states that:

Follow these basic rules when including members of your household:

  • Include your spouse if you’re legally married.
  • If you plan to claim someone as a tax dependent for 2016, do include them on your application.
  • If you won’t claim them as a tax dependent, don’t include them.

here is the website: https://www.healthcare.gov/income-and-household-information/household-size/

according to the website, if it's correct. since I don't plan to claim my siblings on 2016, I don't need to include them as members of my household.

Do you have any insight on this?

Thanks

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

You are asking about affidavits of support for getting a visa and adjusting status after entering the US using that visa and getting married. You are not talking about getting health insurance. Apples and oranges here. Read the I-864 form and instructions. > https://www.uscis.gov/i-864

How to count household size >

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ

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: Citizen (apr) Country: Indonesia
Timeline
Posted

As KayDeeCee mentioned, you might not have to provide a copy of the 2015 tax return. Some consulates are satisfied with recent pay stubs and/or employment letter saying how much you currently make. Given your current situation, I'd recommend giving your fiancee the I-134, the pay stubs, and employment letter.

It will be more of a potential issue when your fiancee applies for a green card and you have to provide a I-864 (along with previous tax returns), but that can be resolved with getting a co-sponsor then and/or waiting until next year after you have done your 2016 taxes.

Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

October 23, '18: NOA2- approval

October 30, 18: 10-year GC received

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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