Please help!!!

[Chi014 0]

Please help! I just recently start my own business just 5 months ago. Is it ok to apply for the k1visa this month if i didn’t complete the 1 year tax return yet. But i meet the 100% poverty guidelines.

[debbiedoo 2,339]

you will need previous years tax returns, and letter from the bank stating deposit amounts. Id also use an assets you have (savings, retirement, investments, property, etc)

 

i would also prepare a co sponsor to be on the safe side.

[Russ&Caro 1,548]

Your revenues less operating expenses is your net income. That figure needs to be 125% of poverty guidelines or more, not 100%. Also you need to show your net income in an official document like a US tax return. You're probably going to need a co sponsor.

[met 106]

26 minutes ago, debbiedoo said:

you will need previous years tax returns, and letter from the bank stating deposit amounts. Id also use an assets you have (savings, retirement, investments, property, etc)

 

i would also prepare a co sponsor to be on the safe side.

co-sponsor is needed only when petitioner does not meet financial criteria. no need to file that for "a safe side" if one have enough of financial resources. 

 

2 hours ago, Chi014 said:

Please help! I just recently start my own business just 5 months ago. Is it ok to apply for the k1visa this month if i didn’t complete the 1 year tax return yet. But i meet the 100% poverty guidelines.

100% of poverty guidelines is needed at the Embassy stage, you will need 125% while Adjusting the Status after the marriage. 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#8

 

Proof of Financial Support and Affidavit of Support Forms

 

During the visa interview, applicants will be required to present evidence to the consular officer that they will not become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

 

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

 

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

 

 

 

[debbiedoo 2,339]

26 minutes ago, met said:

co-sponsor is needed only when petitioner does not meet financial criteria. no need to file that for "a safe side" if one have enough of financial resources. 

 

 

 

 

This is a new endeavor. OP does not have a history of stable income with this business. Therefore, to be safe, i WOULD have a co sponsor lined up to use just in case. Shoot, my income has been more than high enough for the past 3 years and i just started a new job making more than i have in the past. And you bet I have a co sponsor lined up JUST TO BE SAFE. Will i need it? probably not. But if I do... I will have that paperwork ready to go at the interview. Rather not need it and have it, than need it and NOT have it and be in a panic over what to do.

 

All consulates are different. All CO's are different. Some don't care at all, some care a whole lot.

 

If you want to risk it, thats on you. I do not, and think anyone who does has a screw loose.

[met 106]

3 minutes ago, debbiedoo said:

 

This is a new endeavor. OP does not have a history of stable income with this business. Therefore, to be safe, i WOULD have a co sponsor lined up to use just in case. Shoot, my income has been more than high enough for the past 3 years and i just started a new job making more than i have in the past. And you bet I have a co sponsor lined up JUST TO BE SAFE. Will i need it? probably not. But if I do... I will have that paperwork ready to go at the interview. Rather not need it and have it, than need it and NOT have it and be in a panic over what to do.

 

All consulates are different. All CO's are different. Some don't care at all, some care a whole lot.

 

If you want to risk it, thats on you. I do not, and think anyone who does has a screw loose.

"too be safe" you are putting someone on the hook for your spouse  ok. 

[Chi014 0]

On 10/22/2018 at 7:22 PM, debbiedoo said:

you will need previous years tax returns, and letter from the bank stating deposit amounts. Id also use an assets you have (savings, retirement, investments, property, etc)

 

i would also prepare a co sponsor to be on the safe side.

Hi its my first time to file a tax because ive been helping to my family business before so that means i dont have any previous tax. But now i have my own business but I dont have proof of 1 year tax returns yet since i just started my business 5 months ago. I do have a bank account stating that i can support my fiance. Do u think we should still apply k1visa this month? Even thought i dont have yet the 1 year tax return? 

[Chi014 0]

On 10/22/2018 at 7:22 PM, debbiedoo said:

you will need previous years tax returns, and letter from the bank stating deposit amounts. Id also use an assets you have (savings, retirement, investments, property, etc)

 

i would also prepare a co sponsor to be on the safe side.

And also my fiance is from philippines they said they dont accept co sponsor there. 

[John & Rose 7,237]

3 hours ago, Chi014 said:

And also my fiance is from philippines they said they dont accept co sponsor there. 

They do accept a co-sponsors in the Philippines.  It is up to the CO to decide case by case.  The bigger issue is that you haven't paid taxes.  You will need a letter from the IRS showing that they exempted you.  You had to have some income in the past and not filing will most likely be a problem.  If you state that you have never earned a single dollar to this point they may have some additional questions for you.  We have seen this before.  Lots of questions and lots of back taxes owed.  Be careful.  It may be safer to wait to file after you have tax returns to show income.  

Edited October 24, 2018 by John & Rose