Proof of Income/ Not Public Charge

[Paige26 0]

I am brand new to the K1 process. I have read that my French fiance and I will need to provide proof that we have earned more than $25,000 last year or hold more than $100,000 in assets to show that he will not become a public charge once here in the US.  The problem with this is that we have been traveling and working under the table for the last 8 years and do not have proof of our earnings. I, the US citizen, have not filed taxes in the US since I have not worked here since 2010.

 

Does anyone have experience with this? Is there any way to get his K1 approved without this? Can we have a parent as a cosigner? He does have a job lined up in the US through my family business, but is not applying for a work visa.

 

Please help! I'm afraid to start this process, just to get denied later on. Thank you!

[jdaveh 58]

Just now, Paige26 said:

I am brand new to the K1 process. I have read that my French fiance and I will need to provide proof that we have earned more than $25,000 last year or hold more than $100,000 in assets to show that he will not become a public charge once here in the US.  The problem with this is that we have been traveling and working under the table for the last 8 years and do not have proof of our earnings. I, the US citizen, have not filed taxes in the US since I have not worked here since 2010.

 

Does anyone have experience with this? Is there any way to get his K1 approved without this? Can we have a parent as a cosigner? He does have a job lined up in the US through my family business, but is not applying for a work visa.

 

Please help! I'm afraid to start this process, just to get denied later on. Thank you!

 You will need proof of current income or a sponsor. He cannot work until he gets his EAD. You just stated you were going to break the law as soon as he gets into the country. 

[Jaquelly 1,647]

Dude, he CANNOT work under the table. Once you guys get approved, get married and then apply for his EAD you can request an expedite and they MAY honor it if he can get a written job offer from his employer.

 

As for you, you're going to need to get a job on the books, any tax returns, and yes, absolutely a co-signer, but also know that the co-signer is on the hook for him regardless if you get divorced or whatever happens.

 

This isn't gonna be easy for you, but if you're ready to face things head on and lawfully (no under the table), there are a lot of guides to help you out.

[jdaveh 58]

PS, you do know that as a US citizen you are also required to file taxes on income earned anywhere ?

 

This means that you as an American living abroad or Green Card holder will need to file a US federal tax return this year if your total income – regardless of where the income was earned (and in what currency) – exceeds any of the following minimum thresholds: For citizens filing as Single: $10,300.

[Ben&Zian 4,398]

Like above. You will need to backdate your taxes, even if you didn't make enough to have to file, you need to get it on record.

 

Also like above, you can have one of your family members be a co-sponsor for the K-1 visa, yes; but you yourself still will be the primary sponsor no matter what and will have to also fill out the appropriate I-134 form when it came time for that.

 

Also, reiterating everyone else, if you do get the K-1 visa approved, you will have to come to the US, get married, then file for AOS. At that point you apply for work permit and you can try to expedite it with a legitimate job offer from your families business. USCIS can approve it or deny the expedite, that is up to them; but until the work permit is in hand, your fiance(then spouse) can not work legally.

[HoosierEh 21]

Hi,

 

Fiance Visa or married visa, both applications are going to require you to submit your tax forms.  I'm sure the IRS will want all 8 years but maybe your family could assist you with this first. Then once you file for your partner as sponsors your parents will have to also supply their tax forms. 

 

Help your partner also make good decisions about his future in the US, understanding the consequences to working without a permit could have a long lasting impact on his life and status in the US. 

 

It's not easy but doing it the right way never is.  Good luck 

[usmsbow 802]

15 minutes ago, Paige26 said:

I am brand new to the K1 process. I have read that my French fiance and I will need to provide proof that we have earned more than $25,000 last year or hold more than $100,000 in assets to show that he will not become a public charge once here in the US.  The problem with this is that we have been traveling and working under the table for the last 8 years and do not have proof of our earnings. I, the US citizen, have not filed taxes in the US since I have not worked here since 2010.

 

Does anyone have experience with this? Is there any way to get his K1 approved without this? Can we have a parent as a cosigner? He does have a job lined up in the US through my family business, but is not applying for a work visa.

 

Please help! I'm afraid to start this process, just to get denied later on. Thank you!

 

1. Yes, you can use a co-sponsor. A parent is fine.

2. FIle your tax returns for prior years. You won't owe anything and there isn't a penalty. It will make your life easier going forward. 

3. Your fiance will not be able to work here until you two get married, file for AOS (aka apply for green card) and receive your EAD (work permit). 

 

 

[Ben&Zian 4,398]

Also to note, before running into this as you said, you wouldn't want to do all this to get denied. Do your research here on the forum. Top right corner is a search bar and you can find threads about specific topics and questions. Take your time and don't rush into this..

 

Immigration isn't quick, fun, or cheap. Just for a the entire K-1 process you're looking at probably $800-$1000. Then the AOS itself is another $1225.  That's prices for if you do i t all yourself anyways. That's not including airfare to the US or some of the other small purchases you may need to get. So take time and gather all appropriate information you need.

Edited August 14, 2018 by Ben&Zian

[Jaquelly 1,647]

I know this is a lot of information, and that we are all strongly wording things, but please heed our warnings and then ask as many questions as you want. That's what we're here for.

[Paige26 0]

Thank you very much for all the prompt responses! despite the unnecessary alarmism. 

 

Maybe I should have been clearer: My fiancee has a job lined up, as in: Once he has a visa, he already has a job lined up- which is why we're moving back to the US. He is NOT planning on working without a work visa! We are applying for a K1 first- then work visa once he is in the US. What I originally meant is, he is not trying to come first on the work visa.

 

From what I know, when earning abroad, you only have to file taxes if you make more than $50,000/year or hold more than $10,000 in a foreign bank account at any time- neither of which I have done. I will look into filing back taxes and organizing a cosigner.

 

Thanks again for the helpful advice!! Really appreciate it! 

 

 

[jdaveh 58]

He does have a job lined up in the US through my family business, but is not applying for a work visa.

 

 That is where the confusion came in. Yes K1 the apply and receive EAD, then work. Sorry if we misunderstood but it sounded like you meant he was going to work for the family as soon as he got here.                              when earning abroad, you only have to file taxes if you make more than $50,000

You still have to file taxes, it is just that you don't pay unless you make over the set amount. 

[geowrian 22,337]

No idea where the $50,000 comes into play. The minimum income to be required to file as Single for 2017 was $10,400.

https://www.irs.gov/publications/p17#idm140565592311824

https://www.irs.gov/help/ita/do-i-need-to-file-a-tax-return

https://www.thebalance.com/are-you-required-to-file-a-tax-return-3192868

 

The fiance's expected job will not have any meaning for the I-134 (or I-864 later, unless they obtain an EAD and actually work there first, but the EAD requires a sufficient I-864 in the first place so it's a chicken and egg sort of issue).

 

The IRS doesn't care if the income was earned above or below the table. It must be reported either way.

For the I-134, you need to provide at least the most recent year's tax return.

For the I-864 (for AOS later), you must provide at least the most recent year's tax return AND have filed taxes for at least the most 3 recent years.

 

Note that he will not be obtaining a work visa. He will receive an EAD to show his work authorization. This is only after 1) entry on the K-1 visa, 2) Marrying within 90 days, and 3) Applying for AOS + the EAD. EAD approval is taking ~4-6 months currently, although you can request an expedite with a firm job offer to try to get one sooner. YMMV.

[Selma and Nermin 139]

20 hours ago, jdaveh said:

He does have a job lined up in the US through my family business, but is not applying for a work visa.

 

 That is where the confusion came in. Yes K1 the apply and receive EAD, then work. Sorry if we misunderstood but it sounded like you meant he was going to work for the family as soon as he got here.                              when earning abroad, you only have to file taxes if you make more than $50,000

You still have to file taxes, it is just that you don't pay unless you make over the set amount. 

She said "He is NOT planning on working without a work visa!"

[Selma and Nermin 139]

1 hour ago, geowrian said:

No idea where the $50,000 comes into play. The minimum income to be required to file as Single for 2017 was $10,400.

https://www.irs.gov/publications/p17#idm140565592311824

https://www.irs.gov/help/ita/do-i-need-to-file-a-tax-return

https://www.thebalance.com/are-you-required-to-file-a-tax-return-3192868

 

The fiance's expected job will not have any meaning for the I-134 (or I-864 later, unless they obtain an EAD and actually work there first, but the EAD requires a sufficient I-864 in the first place so it's a chicken and egg sort of issue).

 

The IRS doesn't care if the income was earned above or below the table. It must be reported either way.

For the I-134, you need to provide at least the most recent year's tax return.

For the I-864 (for AOS later), you must provide at least the most recent year's tax return AND have filed taxes for at least the most 3 recent years.

 

Note that he will not be obtaining a work visa. He will receive an EAD to show his work authorization. This is only after 1) entry on the K-1 visa, 2) Marrying within 90 days, and 3) Applying for AOS + the EAD. EAD approval is taking ~4-6 months currently, although you can request an expedite with a firm job offer to try to get one sooner. YMMV.

I think she meant, the job can also support him through a work visa as apposed to only being supported by a fiance visa. What I understand is that the job will wait for him to get his EAD before he starts working. She only mentioned the job to state there is one line up for him.

[geowrian 22,337]

1 minute ago, Selma and Nermin said:

I think she meant, the job can also support him through a work visa as apposed to only being supported by a fiance visa. What I understand is that the job will wait for him to get his EAD before he starts working. She only mentioned the job to state there is one line up for him.

Gotcha, although a lined up job is irrelevant to the process.