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Ella and James

Will one year of tax returns be enough?

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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 

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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. 


03/01/2018 - I-129F Sent

03/08/2018 - I-129F NOA1 (new site)
09/14/2018 - I-129F NOA2 

10/16/2018 - NVC Received

10/21/2018 - Packet 3 Received

12/30/2018 - Packet 3 Sent

01/06/2019 - Packet 4 Received

01/29/2019 - Interview Date - APPROVED!

02/05/2019 - Visa Received

05/17/2019 - U.S. Arrival

05/24/2019 - Married ❤️ 

06/14/2019 - Mailed AOS Packet
 

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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?

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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?

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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 by Lemonslice

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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.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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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?

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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?  

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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!

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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.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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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?  

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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. :) 

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Moved from Progress Reports to Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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