Interview Soon - Need Tax Returns?

[janandmatt 2]

Hello! 

I have my interview in Montreal next week. I've seen posts on the forum as well in the reviews that they ask for the i134 as well as W2s/tax returns

I have the i134 and supporting documents but none of my supporting documents are tax returns. 

 

I checked the instructions for the i134 (https://www.uscis.gov/sites/default/files/files/form/i-134instr.pdf) and it states basically 

" Supporting Evidence

A. Statement from an officer of the bank or other financial institutions with deposits, identifying the following details regarding the account

B. Statement(s) from your employer on business stationery showing:

C. If self-employed: (1) Copy of last income tax return filed; or (2) Report of commercial rating concern.

D. List containing serial numbers and denominations of bonds and name of record owner(s)."

 

Therefore, am I right to assume that all the people mentioning tax returns were self employed?

 

Thank you!!!

[KimchiLumpia 315]

If you don't have any tax returns, how do you make your income?  Did you not report your income to the IRS?

[KimchiLumpia 315]

After re-reading this, I'm assuming you don't have your 2016 tax return filed yet.  

 

I've read from other members that brought their 2015 tax return as well as 2 most recent paystubs and current 2016 W2 from their employer.  They also brought in bank statement from 2015 and 2016 as well.  Its like banks checking evaluating your income before approving a home loan.  They want to make sure you have consistent, verifiable income so your immigrant fiance does not become a financial burden of the state.

If you haven't already, I'd look at the I-134 section of the VJ K1-Visa flowchart guide:

  http://www.visajourney.com/content/k1guide

[janandmatt 2]

Let me clarify, my American fiancee hasn't filed income taxes for this year yet (although he has been working) and the previous two years (as he was living in Canada with no income). 

 

I (Canadian) am going to my interview at the Montreal consulate in a week. 

I have his and a co-sponsor's i134 as well as the supporting documents A (bank statement) and B (employer letter) but neither him or the co-sponsor gave me income tax forms because they are not self-employed.

 

My question is: are tax returns/ W2's required as supporting documents if you are not self-employed?

 

Thank you. 

[aaron2020 11,651]

Your assumption is wrong.

 

Everyone with earned income above the personal exemption and standard deduction (around $7000/year) must file a US tax return even if nothing is earned in the US.

 

Your husband must either provide a US tax return or a signed letter stating why he was not legally obligated to file a US tax return.

 

P.S.  A W-2 comes from the employer.  Most self-employed do not have W-2s

 

 

Edited February 10, 2017 by aaron2020

[janandmatt 2]

Quote

Your husband must either provide a US tax return or a signed letter stating why he was not legally obligated to file a US tax return.

 

Even though in the instructions for the i134  it states that a copy of last income tax return filed is only necessary if you are self-employed? Can you point me to where it says that a US tax return is required as a supporting document for the i134? 

 

Thank you. 

[aaron2020 11,651]

4 minutes ago, janandmatt said:

 

Even though in the instructions for the i134  it states that a copy of last income tax return filed is only necessary if you are self-employed? Can you point me to where it says that a US tax return is required as a supporting document for the i134? 

 

Thank you. 

You are misunderstanding the instructions.

 

Nowhere did I say that a US tax return is required.  I said that your husband either has to have a US tax return or a signed letter with a legal excuse to file.

 

 

[janandmatt 2]

How am I misunderstanding the instructions?

 

I asked if tax returns/ W2's are required as supporting documents if you are not self-employed? 

You responded that my "husband" (he's still my fiancee) must provide a tax return or a letter as to why he doesn't have one and corrected me about W2's.

 

Thank you for that information, but I don't understand how "Nowhere did I say that a US tax return is required.  I said that your husband either has to have a US tax return or a signed letter with a legal excuse to file." answers my question. 

 

My question is: do I (Canadian) have to bring my (American) fiancees tax return with me to my interview? 

Thank you!

Edited February 10, 2017 by janandmatt

[KimchiLumpia 315]

@janandmatt - Through the whole K1 Visa process of waiting for your NOA 1, NOA 2, doing your medical exam, biometrics, and waiting this long - I wouldn't take a chance on anything.  

 

Play it safe and have your fiance and sponsor send you copies of their most recent complete tax returns.  I understand the wording of the affidavit of support may mean for only self employed persons to bring their tax returns.  But, what could it hurt?

If the consulate case worker request tax records, then you'd be happy you had it with you than if you didn't.

It never hurts to front load your application with quality evidence.     

[janandmatt 2]

Thank you

[janandmatt 2]

To update the thread! I had my interview last week (approved!) and to clarify for others in the future:

 

YES! You do need tax returns! They asked for them as part of the evidence for the affidavit of support. For ALL your sponsors (if you have joint sponsors). 

 

Another note: You need proof of domicile for joint sponsors not just your petitioner! 

 

Thanks all

[KimchiLumpia 315]

19 minutes ago, janandmatt said:

To update the thread! I had my interview last week (approved!) and to clarify for others in the future:

 

YES! You do need tax returns! They asked for them as part of the evidence for the affidavit of support. For ALL your sponsors (if you have joint sponsors). 

 

Another note: You need proof of domicile for joint sponsors not just your petitioner! 

 

Thanks all

Congratulations!  Glad you were able to bring the tax records with you!