tax 2015 show insufficient income

[gamer021916 1]

Hi guyz, My fiance just got in for a job starting November 2015 and he has his pay stubs.

Now the problem is his tax return for 2015, it shows that he has low income.

Back in 2013 and 2014 he didn't have a job because he's studying for his Exams in which he didn't pass until now.

What should be my option to show proof of income to the consular officer in the interview?

Do we need a co sponsor?

Now, I am a Filipino citizen but i am currently residing in Canada in PR status. What should we do?

Thank you very much!

[zorus40k 21]

Shouldn't be a problem if he's currently employed. He need to get letter from HR that he's employed and his current salary

[gamer021916 1]

Shouldn't be a problem if he's currently employed. He need to get letter from HR that he's employed and his current salary

Thank you very much... Good day!

[Rc123rc 528]

The tax returns have some weight. Stability of income can be a factor but, current income is going to be the heaviest evidence. Get everything you can, paycheck stubs, letter of employment, etc as you can. Also, the type of work he does might come into play. Part time or seasonal or contract job all point to possible loss of income. It might be a good idea to have a co-sponsor lined up in case you need one.

[kara&mati 33]

Im going to piggy back on this question. my current situation: I had a job of 10 years and now I quit to go back to school and continue to study. should I just have a family member be the sponsor? or do i have to be on the affidavit of support too? maybe me with no income and a co-sponser or just a totally different sponsor?

[Rc123rc 528]

Im going to piggy back on this question. my current situation: I had a job of 10 years and now I quit to go back to school and continue to study. should I just have a family member be the sponsor? or do i have to be on the affidavit of support too? maybe me with no income and a co-sponser or just a totally different sponsor?

Do you have adequate equivalent assets? If so, you might get away with a co-sponsor or even just yourself. Otherwise, you might need a separate sponsor. Look at the forms. Especially, the I-864 and see how you come out by yourself first. That will tell you if you need help.

[kara&mati 33]

Do you have adequate equivalent assets? If so, you might get away with a co-sponsor or even just yourself. Otherwise, you might need a separate sponsor. Look at the forms. Especially, the I-864 and see how you come out by yourself first. That will tell you if you need help.

thank you i will look into that form.

[zorus40k 21]

Im going to piggy back on this question. my current situation: I had a job of 10 years and now I quit to go back to school and continue to study. should I just have a family member be the sponsor? or do i have to be on the affidavit of support too? maybe me with no income and a co-sponser or just a totally different sponsor?

You're always main sponsor on affidavit of support nevertheless if you have income or not currently. Co-sponsor needed if you don't meet poverty guidelines for your state

In your case you need to provide 3 most recent years of tax returns. Statement from bank for the last 6 month as the evidence of assets. And any other supporting documentation.

Instructions are pretty detailed by the way https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

[solotime 13]

I am about to have the same problem as the OP.

My tax returns only states I made 14,000 USD from July to December.

I have started working on July 13th 2015.

*I plan to type a short letter explaining that it's my first job. (In USA, you don't file tax if you didn't make over 400 USD)

*I spoken to the manager for where I work at, they provided "Proof of employment"

*I plan to print my all pay subs to show I have made over the poverty line

*Current bank account balance (You must show your bank account balance)

I believe by doing all those things the embassy will see and understand.

[IcezMan_IcezLady 582]

He should find a joint sponsor.

I had letter from my HR showing income above the poverty guidelines for 2 people and paystub but CO still ask for a joint sponsor since I had started that job less than a year and previous incomes (I was in school) were very low.

Your CO may not ask for one but in my experience, Co asked for joint sponsor so have one as a plan B

[zorus40k 21]

*I plan to type a short letter explaining that it's my first job. (In USA, you don't file tax if you didn't make over 400 USD)

*I spoken to the manager for where I work at, they provided "Proof of employment"

*I plan to print my all pay subs to show I have made over the poverty line

*Current bank account balance (You must show your bank account balance)

If you're currently employed fulltime you just need pay stubs and proof of employment.

assets in bank are needed in case if you don't make enough at work (which also mentioned in affidavit of support form and instructions).

and by the way if you plan providing bank account balance you need to provide also 6 most recent bank statements in package.

[gamer021916 1]

He should find a joint sponsor.

I had letter from my HR showing income above the poverty guidelines for 2 people and paystub but CO still ask for a joint sponsor since I had started that job less than a year and previous incomes (I was in school) were very low.

Your CO may not ask for one but in my experience, Co asked for joint sponsor so have one as a plan B

Thank you so much... I appreciate it...

[KayDeeCee 4,903]

The I-134 is used for the K-1 visa interview. While you basically send the same documentation with it as the I-864, the I-864 has a more detailed form, and strict requirements/instructions that the I-134 does not have. Technically, a CO does not even have to ask for an I-134. It isn't a required form for issuing a K-1 visa. The CO just needs to see financial documentation that shows them the foreign fiance(e) will not become a public charge once in the US. The I-134 is widely used and accepted for this purpose, but is not a legally binding document/contract. When you fill out the I-864 later for AOS, that one is legally binding.

The instructions for the I-134 are vague, and reading the instructions for the I-864 can help you understand what they are looking for. Supplying the I-134 and listing your current annual income, which you show evidence of with a letter from employer and/or recent pay stubs. You will also provide your most recent tax transcript or complete copy of your return, but the current annual income is the key factor.

The CO has sole discretion, and they can choose to accept the documentation you provide, or ask for more, such as a co-sponsor, if they are not convinced the USC petitioner can provide adequate sponsorship for the intending immigrant.

https://fam.state.gov/fam/09FAM/09FAM050207.html#M502_7_5

c. Public Charge, Evidence of Support:

(1) A K visa applicant and any accompanying children must meet the public charge requirement of INA 212(a)(4) like any other visa applicant. Evidence of support is usually requested by the consular officer. There is, however, no absolute requirement that an affidavit of support or other public charge documentation be presented. It is only necessary that you be able to conclude that the alien is not likely to become a public charge. It would not be unusual, therefore, for a healthy alien of working age, applying alone, to be able to establish eligibility during the visa interview without the need for substantiating documentation.

https://fam.state.gov/fam/09FAM/09FAM030208.html

(3) Use of Form I-134:

...

(e) To substantiate the information regarding income and resources, the sponsor should attach to the affidavit a copy of the latest Federal income tax return filed prior to the signing of the Form I-134, including all supporting schedules. If you determine that the tax return and/or additional evidence in the file do not establish the sponsor's financial ability to carry out the commitment toward the immigrant for what might be an indefinite period of time, or there is a specific reason (other than the passage of time) to question the veracity of the income stated on the Form I-134 or the accompanying document(s), you should request additional evidence (i.e., statement from an employer showing the sponsor's salary and the length and permanency of employment, recent pay statements, or other financial data).

[gamer021916 1]

Hello Everyone...

Just an update.

We had our interview yesterday and they didn't ask for the TAX copy of my fiance.

All we supplied is his I134 and that's it.

It really depends on the CO I guess and the case.

In any way, it is best to prepare everything.

Pray and ask God to be with you.

God bless!

[kara&mati 33]

Do you have adequate equivalent assets? If so, you might get away with a co-sponsor or even just yourself. Otherwise, you might need a separate sponsor. Look at the forms. Especially, the I-864 and see how you come out by yourself first. That will tell you if you need help.

Hello,

thank you for your advice, I own 2 houses and will qualify with the 2 houses. maybe you can help me with this next question: the deed is in my name and taxes, but the mortgage is in someone else name, will that be a problem? also for the k-1 fiance visa, do i fill out the 1-864 or i-134? thank you in advance.