Will one year of tax returns be enough?

[Banana9ieue 26]

The sponsor has a tax return for 2018-2019 and he earns over the 100% income requirement for a K1 visa.

But he doesn't have any other tax returns except for that financial year.

Will this be an issue?

Will be going to the UK Consulate.

[Lil bear 3,831]

1 hour ago, Ella and James said:

The sponsor has a tax return for 2018-2019 and he earns over the 100% income requirement for a K1 visa.

But he doesn't have any other tax returns except for that financial year.

Will this be an issue?

Will be going to the UK Consulate.

He needs to have filed for all of the previous 3 years or have an acceptable reason for non filing 

[beloved_dingo 1,932]

2 minutes ago, Lil bear said:

He needs to have filed for all of the previous 3 years or have an acceptable reason for non filing 

They won't even ask about previous years taxes at the UK embassy if they have most recent tax return + supporting docs like pay stubs, employment letter etc.

 

@Ella and James Is your sponsor right at 100% or do they meet the 125% guideline? UK embassy is one of the easier embassies to go through but you also need to remember that requirements at the AOS stage will be more strict. For AOS, your co-sponsor WILL have to disclose income earned for the 3 previous tax years, and if taxes weren't filed all 3 of those years, it must be explained. Also at AOS, the sponsor or co-sponsor MUST make at least 125% of the poverty level and it is at the CO's discretion to require more than that if they have any concerns about the public charge issue. 

[Banana9ieue 26]

4 hours ago, Lil bear said:

He needs to have filed for all of the previous 3 years or have an acceptable reason for non filing 

He was never given a social security number because (believe it or not) his Mother and Father never registered his birth. He only applied to get his social security number September 2018. 

What do you think?

[Banana9ieue 26]

4 hours ago, beloved_dingo said:

They won't even ask about previous years taxes at the UK embassy if they have most recent tax return + supporting docs like pay stubs, employment letter etc.

 

@Ella and James Is your sponsor right at 100% or do they meet the 125% guideline? UK embassy is one of the easier embassies to go through but you also need to remember that requirements at the AOS stage will be more strict. For AOS, your co-sponsor WILL have to disclose income earned for the 3 previous tax years, and if taxes weren't filed all 3 of those years, it must be explained. Also at AOS, the sponsor or co-sponsor MUST make at least 125% of the poverty level and it is at the CO's discretion to require more than that if they have any concerns about the public charge issue. 

I will have to ask my fiancee if he will meet 100% or 125% of the income requirement. He is very touchy about the subject... That is why I come on here for reassurance. 

I don't think that he will have pay stubs or an employer's letter as he is self-employed. Will this be an issue?

And if it looks like his earnings won't meet the income requirement, he said that the only person who could be a co-sponsor is his family friend. He doesn't have any family suitable for helping him out. Will it be best too fill in two affadavits of support for the interview stage? One for him and his one year of tax returns and one for his friend who is a co-sponsor?

[Lemonslice 4,555]

54 minutes ago, Ella and James said:

He was never given a social security number because (believe it or not) his Mother and Father never registered his birth. He only applied to get his social security number September 2018. 

What do you think?

You can file taxes without a SSN, it's not a reason not to file. 

 

Again, make sure you plan ahead for 125% of the poverty level to be able to adjust your status.  Otherwise, you'll be stuck without status, and without much funds...

 

If your fiancé is self-employed, his income is what shows on his tax forms. Read the instructions.

Edited February 16, 2019 by Lemonslice

[geowrian 22,335]

He will probably be OK for the K-1 visa (London is not particularly strict with the I-134). However, he may have issues at the AOS stage, to be filed within 90 days of entry on the K-1 visa.

 

For AOS, he must have filed taxes for at least the past 3 years, or provide a reason why he was not required to file. Having no income is a valid reason. Not having an SSN is not.

Being that he is self-employed, his current income is evidenced by his most recent year's tax return.

[Banana9ieue 26]

56 minutes ago, geowrian said:

He will probably be OK for the K-1 visa (London is not particularly strict with the I-134). However, he may have issues at the AOS stage, to be filed within 90 days of entry on the K-1 visa.

 

For AOS, he must have filed taxes for at least the past 3 years, or provide a reason why he was not required to file. Having no income is a valid reason. Not having an SSN is not.

Being that he is self-employed, his current income is evidenced by his most recent year's tax return.

Thank you!

I think that he didn't earn enough in the previous years... I'm not too sure really. 

Do you recommend that we complete a separate Affadavit of Support form for his family friend who might be able to be a co-sponsor too?

[TandSarahJane 178]

42 minutes ago, Ella and James said:

I'm not too sure really.  

Some unsolicited advice: Finances and communication are issues 2 and 1 when it comes to being married and living together. Especially when u will be unable to legally work for 6-8 months after arriving in the USA and hidden expenses will start hitting you from every direction... Invest some time in really knowing and understanding your future spouse now.  It will make you more prepared for the interview and give u skills that you'll most certainly need later.

[Banana9ieue 26]

6 hours ago, TandSarahJane said:

Some unsolicited advice: Finances and communication are issues 2 and 1 when it comes to being married and living together. Especially when u will be unable to legally work for 6-8 months after arriving in the USA and hidden expenses will start hitting you from every direction... Invest some time in really knowing and understanding your future spouse now.  It will make you more prepared for the interview and give u skills that you'll most certainly need later.

Thank you! Yes good communication is essential... it seems to be a touchy subject for him though. I'm unsure how to get around that. I have about £20,000 in my bank account, will this be helpful to show the Consulate, to show that I could use this money between those 6-8 months?  

[TandSarahJane 178]

2 hours ago, Ella and James said:

I'm unsure how to get around that.

its a factual conversation about events in the past that arent changeable.  If i read between the lines here, you're getting an emotional respose from your other half about that... so i would suggest to setup some time to really talk about it. Not make an appointment, but more like "hey -so im concerned about not having enough background on the finances and employment history that is part of the upcoming interview. Can we take about 30 minutes and work through some questions that could arise during the interview?"

 

Avoid using "you", "i" because it may provoke defensiveness. ask permission for the conversation. reassure him you're not judging or trying to change history. focus on trying to prepare for the interview. take the conversation slowly. do it over video so u can read body language.  Try a "dress rehearsal" with a close friend.

 

Hopefully these tips help. Good luck!

[geowrian 22,335]

11 hours ago, Ella and James said:

I think that he didn't earn enough in the previous years... I'm not too sure really. 

Do you recommend that we complete a separate Affadavit of Support form for his family friend who might be able to be a co-sponsor too? 

I'd suggest he run through the IRS wizard to figure that out: https://www.irs.gov/help/ita/do-i-need-to-file-a-tax-return

For the K-1, I don't think it's necessary. As noted, London tends to take any of: pay stubs, employment letter, or most recent tax return (or even just a W-2). Only 1 of those applies to your fiance, but that's all you need. Had this been almost any other embassy, I'd be more concerned. Also, the visa applicant can show assets to cover the 90 day period and "self sponsor"...it's the only embassy known to permit this.

 

For the I-485, it might not be a bad idea to have a joint sponsor. I really can't say much more as it depends on the totality of the circumstances (i.e. why he didn't have enough income in the past, how much he makes now, the cost of living, other expected out of pocket expenses, etc.). When in doubt, I'd opt towards a joint sponsor, though.

[myjourney2018 52]

On 2/16/2019 at 7:58 AM, Ella and James said:

He was never given a social security number because (believe it or not) his Mother and Father never registered his birth. He only applied to get his social security number September 2018. 

What do you think?

Just out of curiosity but how did your fiance get around not having a ssn because a number of things asks for a ssn, applying for jobs, applying for credit cards, opening bank accounts, applying for passports?  

[Banana9ieue 26]

21 minutes ago, myjourney2018 said:

Just out of curiosity but how did your fiance get around not having a ssn because a number of things asks for a ssn, applying for jobs, applying for credit cards, opening bank accounts, applying for passports?  

Hello, he has always been self-employed, he recently applied for a credit card after getting the SSN and also has a bank account I think. He didn't have a SSN when he got his passport and came to visit me for the first time.  

[Ryan H 3,790]

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