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Please advise: Question on i-134 (income tax returns 1040 and W-2).

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Filed: K-1 Visa Country: Indonesia
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Dear VJ Users,

My fiancé (USC Petitioner) and I (Beneficiary) are in the middle of compiling our Packet 3. However I do have some questions regarding the I-134 supporting documents.

Here's our situation in brief:

  1. USC Petitioner is retired
  2. USC Petitioner have not have any income / have not been working within the last 7 years
  3. USC Petitioner has been living outside the U.S. for almost 7 years, with occasional visits to the US every other year.
  4. USC Petitioner is still maintaining his saving accounts / insurance and has relatives in the U.S.
  5. USC Petitioner have NO dependent or any financial obligation / responsibility to any other person / institution.
  6. Both USC Petitioner and I (Beneficiary) are currently living outside the U.S. Our petition has been approved and we are intended to move and live back in the U.S. as soon as possible.
  7. We have completed all of the required documents and papers for our Packet 3, EXCEPT:
  • the Original Affidavit of Support / Form I-134 and the supporting evidence;

  • DS160 Form (waiting for the I-134)

  • Visa fee (waiting for the I-134)

QUESTION:

Due to retirement, the fact that USC Petitioner has not have any income and have been living abroad, USC Petitioner have not been filing his Income Tax Return 1040 and W-2 in the last 7 years.

  • Will this be an issue for our application?
  • How do we sort this out?
  • Has anyone been in a similar situation? If so, what are your thoughts?
  • Any government officials we should / could speak to regarding our matter? And how can we reach them?

We would greatly appreciate your advice, consideration, and expertise in this issue.

THANK YOU in advance.

J/G

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Filed: Country: Mexico
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He does not receive retirement income of any kind? What has he been living off of for the last 7 years?


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Filed: K-1 Visa Country: Indonesia
Timeline

He does not receive retirement income of any kind? What has he been living off of for the last 7 years?

USC Petitioner sold his business and retired early. Absolutely NO income in the past 7 years.

He's been living on his savings. Any advise?

THANK YOU.

J/G

Edited by J/G

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Filed: Country: Mexico
Timeline

If he has that much in assets, then he can use those. He will need bare minimum of 3 times the required income amount. The more the better.

He can also use a co-sponsor for the I-134 and K-1 visa, and then a joint sponsor later for AOS and the I-864.

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Filed: K-1 Visa Country: Indonesia
Timeline

If he has that much in assets, then he can use those. He will need bare minimum of 3 times the required income amount. The more the better.

He can also use a co-sponsor for the I-134 and K-1 visa, and then a joint sponsor later for AOS and the I-864.

Yes, I am aware of that. But how do we take care of the W-2 and the Income Tax Return 1040??

Do you think I should contact embassy?? or who should we speak to?

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Filed: K-1 Visa Country: England
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Even if you are living abroad and have no income the US still requires you to file a tax return. If you are using assets to prove income then the tax forms are not required you will need evidence of his assets such as the past six months of statements showing his savings acct balance, the details on a mortgage (if thats being used), etc.


Kat & Jon

I am Kat the US Citizen

K-1 Timeline                                                       AOS Timeline

July 21 2016- K-1 Application mailed                                             May 1 2017- AOS/EAD/AP Mailed

July 27 2016- NOA1 Text/Email                                                     May 26 2017 - NOA 1 Text/Email x1 Received (Packet Fiasco ><)

August 1 2016- NOA1 Hard Copy                                                 May XXXX - NOA 1 Hard Copies Received

Sept 15 2016- NOA 2 Text/Email                                                   XXXXXX - Biometrics  Appointment

Sept 20 2016- NOA 2 Hard Copy                                                  XXXXX -EAD/AP NOA 2 Text/Email

Oct 12 2016- NVC Received Case                                                XXXXX - EAD/AP NOA 2 Hard  Copy Received

Oct 14 2016- LND Case # Received                                             XXXXX - EAD/AP Combo Card Received

Oct 25 2016- Case In Transit to LND                                            XXXXX - AOS Interview/ Approval

Oct 28 2016- CEAC Status shows Ready                                     XXXXX- Green Card Received

Dec 13 2016- Medical

Jan 06 2017- Interview (Approved!)

Jan 10 2017- CEAC Status shows Issued

Feb 28 2017- POE Tampa

April 21 2017- Wedding

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Filed: Citizen (pnd) Country: Indonesia
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Yes, I am aware of that. But how do we take care of the W-2 and the Income Tax Return 1040??

Do you think I should contact embassy?? or who should we speak to?

You obviously can't provide a W-2, nor do you need one. That's only for proof of income. And as Kat&Jon noted, all US citizens have to file tax returns. In your fiancé's case, he does not have to fill out a 1040, but he should fill out the form for expats (I don't recall the form #). I don't think the tax return is an issue for your embassy interview, but it will be when you are applying for adjustment of status. The good news is your fiancé can file his returns now (if he has not yet done so), and he shouldn't incur any kind of penalty or fee (assuming he doesn't owe any income tax).

As for your interview and the I-134, as Kat&Jon said, you will have to provide proof of assets such as bank statements and the like.


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

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Filed: K-1 Visa Country: Indonesia
Timeline

Even if you are living abroad and have no income the US still requires you to file a tax return. If you are using assets to prove income then the tax forms are not required you will need evidence of his assets such as the past six months of statements showing his savings acct balance, the details on a mortgage (if thats being used), etc.

You obviously can't provide a W-2, nor do you need one. That's only for proof of income. And as Kat&Jon noted, all US citizens have to file tax returns. In your fiancé's case, he does not have to fill out a 1040, but he should fill out the form for expats (I don't recall the form #). I don't think the tax return is an issue for your embassy interview, but it will be when you are applying for adjustment of status. The good news is your fiancé can file his returns now (if he has not yet done so), and he shouldn't incur any kind of penalty or fee (assuming he doesn't owe any income tax).

As for your interview and the I-134, as Kat&Jon said, you will have to provide proof of assets such as bank statements and the like.

THANK YOU!!!

J/G

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Filed: K-1 Visa Country: Indonesia
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Hi J/G,

How's your update? ?

Did you do medical and interview yet?

I'm so nervous about the medical test and all vaccine process ?

Btw thanks for your posts J/G and the replies guys, really help.

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Filed: K-1 Visa Country: Indonesia
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Hi J/G,

How's your update? ?

Did you do medical and interview yet?

I'm so nervous about the medical test and all vaccine process ?

Btw thanks for your posts J/G and the replies guys, really help.

Hello :)

co-sponsor documents just arrived yesterday via mail from the US. So we'll schedule our interview next week. We're not in Java so it's a little bit of hassle to travel in and out of Jakarta and having to find accommodation. but we'll manage.

As for Medic, calling the number provided by the US Embassy to schedule you appointment could be a little challenging, they're super busy. But don't give up. Once you're connected stay on the line and ask ALL OF YOUR QUESTION REGARDING THE MEDIC TEST. Because once you hung up, you'll have to do the whole thing from the beginning. They will also tell you all the thing that you must prepare / documentations that you must bring.

I did my medical in September in Bintaro Premier. It was an easy process. Ask for the earliest appointment possible, mine was 7.30 (i think.... or maybe 8?? can't remember). It was roughly 3 hours all in all incl. waiting period. The hospital was clean and the waiting room was comfortable. As of vaccine I only required 3 shots (I think tetanus, flu shot and the other one I can't remember, sorry). Not a big fan of needle, but what can I do?? The Doctor was pleasant polite and efficient. bottomline, Don't be nervous, it's only medic.

My result was ready withing 24 hours, but put I collected it a week after as I already made travel arrangement. Maybe good idea to allow yourself 2-3 days in Jakarta if you're living outside Jakarta?? And unless it's special case / doctor's order they require you / someone to collect it in person. Remember to bring the proof of payment when collecting the medic result. The Medical Test cost approx. 2.3mill for me (or maybe 1.3?? I'm too lazy to get up and check, it's Friday!!). You can either do cash or pay by card. Good luck!

Glad this post helps. :) and THANK YOU VJ users for informative tips.

Best

J/G

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Filed: K-1 Visa Country: Indonesia
Timeline

Hello :)

co-sponsor documents just arrived yesterday via mail from the US. So we'll schedule our interview next week. We're not in Java so it's a little bit of hassle to travel in and out of Jakarta and having to find accommodation. but we'll manage.

As for Medic, calling the number provided by the US Embassy to schedule you appointment could be a little challenging, they're super busy. But don't give up. Once you're connected stay on the line and ask ALL OF YOUR QUESTION REGARDING THE MEDIC TEST. Because once you hung up, you'll have to do the whole thing from the beginning. They will also tell you all the thing that you must prepare / documentations that you must bring.

I did my medical in September in Bintaro Premier. It was an easy process. Ask for the earliest appointment possible, mine was 7.30 (i think.... or maybe 8?? can't remember). It was roughly 3 hours all in all incl. waiting period. The hospital was clean and the waiting room was comfortable. As of vaccine I only required 3 shots (I think tetanus, flu shot and the other one I can't remember, sorry). Not a big fan of needle, but what can I do?? The Doctor was pleasant polite and efficient. bottomline, Don't be nervous, it's only medic.

My result was ready withing 24 hours, but put I collected it a week after as I already made travel arrangement. Maybe good idea to allow yourself 2-3 days in Jakarta if you're living outside Jakarta?? And unless it's special case / doctor's order they require you / someone to collect it in person. Remember to bring the proof of payment when collecting the medic result. The Medical Test cost approx. 2.3mill for me (or maybe 1.3?? I'm too lazy to get up and check, it's Friday!!). You can either do cash or pay by card. Good luck!

Glad this post helps. :) and THANK YOU VJ users for informative tips.

Best

J/G

Dear J/G,

I'm happy for you, co-sponsor document has arrived.

I know you are from Bali, so yes it's an issue to travel go and back from Bali to Jakarta, because kinda far ?.

I am from East Java, not close to jakarta as well.

Btw Thanks for your advice, I will learn from your experience.

Thanks alot for sharing about your medical experience.

I wish you GOOD LUCK for your interview !!! ?

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Filed: K-1 Visa Country: Indonesia
Timeline

Dear J/G,

I'm happy for you, co-sponsor document has arrived.

I know you are from Bali, so yes it's an issue to travel go and back from Bali to Jakarta, because kinda far ?.

I am from East Java, not close to jakarta as well.

Btw Thanks for your advice, I will learn from your experience.

Thanks alot for sharing about your medical experience.

I wish you GOOD LUCK for your interview !!! ?

Thank you!! Good luck on your journey too!! I'm also originally from East Java. But have left Java 7-8 years ago.

Good Luck.

xo

J/G

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