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Rsanta7

Regarding the income requirement, does the income have to be earned in a tax year or in a period of 12 consecutive months?

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Posted (edited)

Hello,

 

I was wondering if for the K1, they require an actual tax return proving the income amount, or if pay stubs for 12 consecutive months proving the income was met was also accepted. For instance, I was out of the country from September 2018 to May 2019. For this next tax year, I will not have met the requirements, as my income from January to May was earned in Spain. Can I begin the income requirement now (June) as I start a new job in the USA? Or will they only take into account my income from January 2020 to December of 2020? If so, will I need to wait until April of 2021 for my tax return?

 

Thank you so much! I am sorry if it is a dumb question, I have looked online and it seems pretty vague.

Edited by Rsanta7

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Posted (edited)

They likely want to see actual documents from verifiable sources. ITRs are a good way for USCIS to find that out. It sounds like your in-country verifiable sources are kinda spotty. You should likely consider obtaining a co-sponsor with more US-verifiable income sources. Review the USCIS page on Form I-134 and all of the instructions (check out the tabs), it should become more clear, https://www.uscis.gov/i-134 .  How do you compare to the USCIS poverty guidelines, https://www.uscis.gov/i-864p . Finally, check out the VJ sample Form I-134 for document assistance, https://www.visajourney.com/examples/Form-I-134.pdf

 

The form is not vague, it contains open-ended questions.

 

Good luck on your immigration journey. 

Edited by Pitaya (火龙果)

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Posted (edited)
19 minutes ago, Pinkrlion said:

From January to December.  You didnt file taxes on your Spain income?  Regardless of foreign or US income, you have to file your taxes.  

I did file. But taking out the Spanish income, my US income isn’t the minimum. So I was wondering if with my new job I earn up to the minimum in 6, 7, etc months, if that will count. Or if it needs to be within the tax year (January to December) to meet the income requirement? Because this upcoming tax year will include my Spanish taxes as well, and I just got back so by December I will not have the minimum. But if they take into account 12 consecutive months, it’s another story (I would have the minimum). Otherwise I need to wait until April 2021 to prove the requirement was met on my tax return. 

Edited by Rsanta7

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19 minutes ago, Rsanta7 said:

I did file. But taking out the Spanish income, my US income isn’t the minimum. So I was wondering if with my new job I earn up to the minimum in 6, 7, etc months, if that will count. Or if it needs to be within the tax year (January to December) to meet the income requirement? Because this upcoming tax year will include my Spanish taxes as well, and I just got back so by December I will not have the minimum. But if they take into account 12 consecutive months, it’s another story (I would have the minimum). Otherwise I need to wait until April 2021 to prove the requirement was met on my tax return. 

It is by (calendar) tax year, since the tax transcripts are the evidence they require.    If your income is borderline, you may want to have a co-sponsor lined up if your consulate accepts them.

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Posted (edited)

depends if you are talking about current income or tax return income. 

 

Current yearly income is the income you will early in the next 12 months.  Income shown on tax returns is another story. 

Edited by NikLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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