Adjust IRS status will avoid the need of a Co-Sponsor?

[Rafael Dantas 0]

Hi Everyone!

So my girlfriend is Both Brazilian and American, she lived her entire life in Brazil (that's where we met) and now she is living in US for 9 months, and we are starting to do all the documentation for K1 Visa, our first understanding is that we would need a Co-Sponsor because she never declared Income Tax in US (as she lived in Brazil and just received US passport in Mar/2015).

My Question is: She started working in Jan/16 and she earns enough money to be my sponsor. We heard that if she adjust her IRS status and get the letter from her company declaring hear earnings and stability would be enough for the AOS to be aproved, have anyone had this experience? Does it make sense or it's wrong and I still need a Co-Sponsor once she does not have Income Tax statement?

Thanks a lot in advance!

[Caryh 5,206]

They want to see sustained income usually. Not a sudden influx of income, with no history to back it up. Also with the K-1 visa, there are no hard defined rules they must follow. With a spousal visa they must used a fixed set of rules to decide if the income qualifies. With a K-1, its all up to the embassy's discretion. In her situation, I would recommend have a cosponsor lined up, because I believe she's going to need it.

Has she been filing taxes while she was in Brazil? Even if she didn't make enough to have to file, they need either copies of previous years taxes or an explanation why she did not file taxes in the USA. All USA citizens and green card holders are required to file taxes in the USA, even if living abroad.

Edited April 1, 2016 by Caryh

[baron555 934]

My Question is: She started working in Jan/16 and she earns enough money to be my sponsor.

Then you are good to go. Former students who just got their first job are in the same situation.

We heard that if she adjust her IRS status

You don't adjust status with the IRS. You claim your filing status when you file your tax return. Presently she would be Single. Once you become married she can change to include you and file as Married - Filing Jointly

and get the letter from her company declaring hear earnings and stability would be enough for the AOS to be aproved

Yes that is important.

[baron555 934]

They want to see sustained income usually. Not a sudden influx of income, with no history to back it up.

But there is a history.....but see later comments.

Also with the K-1 visa, there are no hard defined rules they must follow. With a spousal visa they must used a fixed set of rules to decide if the income qualifies. With a K-1, its all up to the embassy's discretion. In her situation, I would recommend have a cosponsor lined up, because I believe she's going to need it.

If she earns enough now, then they are good to go. Former students have the same situation.

Has she been filing taxes while she was in Brazil? Even if she didn't make enough to have to file, they need either copies of previous years taxes or an explanation why she did not file taxes in the USA. All USA citizens and green card holders are required to file taxes in the USA, even if living abroad.

This is a true statement. If she was earning income abroad, there is a filing requirement. However, this is an IRS issue not an immigration issue.

[Caryh 5,206]

They want to see sustained income usually. Not a sudden influx of income, with no history to back it up.

But there is a history.....but see later comments.

Also with the K-1 visa, there are no hard defined rules they must follow. With a spousal visa they must used a fixed set of rules to decide if the income qualifies. With a K-1, its all up to the embassy's discretion. In her situation, I would recommend have a cosponsor lined up, because I believe she's going to need it.

If she earns enough now, then they are good to go. Former students have the same situation.

Has she been filing taxes while she was in Brazil? Even if she didn't make enough to have to file, they need either copies of previous years taxes or an explanation why she did not file taxes in the USA. All USA citizens and green card holders are required to file taxes in the USA, even if living abroad.

This is a true statement. If she was earning income abroad, there is a filing requirement. However, this is an IRS issue not an immigration issue.

A tax filing history. Many times students who just began working need a co-sponsor, even though they now make enough to qualify. With a K-1, this is totally up to the discretion of the embassy. I've seen people making over the 125% be told to get a co-sponsor. Yes, they may get accepted with her income as it stands with the letter from the employer, but they're just as likely to be told to get a co-sponsor. A student who has maintained residence in the USA and received a college degree is a much better bet financially than a citizen who never lived in the USA until 9 months ago.