Affidavit of Support—Tax Questions

[Jitoria 5]

I’ve received my NOA 2 and am waiting for NVC to receive my case. I am compiling the necessary documents for the affidavit of support and I have some tax questions. 

 

The last five years I was studying in China and never had a declared income large enough to file taxes on it. As such I haven’t done any tax paperwork for 5 years. 

 

Is this going to be a problem for the affidavit of support? I have been working now in the US since April, so I have half a year of pay stubs. And I have yet to file for taxes on this new income. So I’m not sure I’ll be able to provide this from USCIS website:

 

• A copy of your last income federal tax return filed, or a report of commercial rating concern (if self-employed)

 

 

Thanks in in advance for help! 

 

 

[JFH 12,189]

*~*~*procedural question moved from “progress reports” to “process and procedures”*~*~*

[Fogi 91]

9 hours ago, Jitoria said:

I’ve received my NOA 2 and am waiting for NVC to receive my case. I am compiling the necessary documents for the affidavit of support and I have some tax questions. 

 

The last five years I was studying in China and never had a declared income large enough to file taxes on it. As such I haven’t done any tax paperwork for 5 years. 

 

Is this going to be a problem for the affidavit of support? I have been working now in the US since April, so I have half a year of pay stubs. And I have yet to file for taxes on this new income. So I’m not sure I’ll be able to provide this from USCIS website:

 

• A copy of your last income federal tax return filed, or a report of commercial rating concern (if self-employed)

 

 

Thanks in in advance for help! 

 

 

If self-employed you need to submit the tax returns. Otherwise it's statement from employer/bank that is needed. Were you self employed? 

[Hank_ 9,173]

44 minutes ago, Fogi said:

If self-employed you need to submit the tax returns. Otherwise it's statement from employer/bank that is needed. Were you self employed? 

 

What is stated in the I-134 instructions are not what is important, it is what the embassy requires.   And the embassy will require a tax return & W-2 (1099).. from all.

 

Bank statements are of little to zero importance.

[Jitoria 5]

53 minutes ago, Fogi said:

If self-employed you need to submit the tax returns. Otherwise it's statement from employer/bank that is needed. Were you self employed? 

I was not, I was a student on scholarship in China. I had no reportable income. 

[Fogi 91]

18 minutes ago, Hank_ said:

 

What is stated in the I-134 instructions are not what is important, it is what the embassy requires.   And the embassy will require a tax return & W-2 (1099).. from all.

 

Bank statements are of little to zero importance.

Why isn't that on the instructions then? It's crazy. I wonder why it's so subjective. When doing the i-129f, I submitted the bare minimum, exactly what they asked for, and was approved. But I hear of people submitting twice as much stuff as me and getting RFEs/denials. 

[Fogi 91]

21 minutes ago, Jitoria said:

I was not, I was a student on scholarship in China. I had no reportable income. 

Do you have recent earnings or start a new job? You'll need to show something. Proof that you were in school and how you were supporting yourself. How you will support your beneficiary, etc.

[Hank_ 9,173]

6 minutes ago, Fogi said:

Why isn't that on the instructions then? It's crazy. I wonder why it's so subjective. When doing the i-129f, I submitted the bare minimum, exactly what they asked for, and was approved. But I hear of people submitting twice as much stuff as me and getting RFEs/denials. 

 

It isn't so much the quantity of evidence submitted but the quality, don't include what USCIS really wants and  you get the result ...  RFE.    

 

As for the I-134 that is a non-immigrant form designed with everything BUT a K-1 in mind ..  so you have to pay attention to the embassy requirements and not necessarily the I-134 instructions as a whole.

 

And those requirements can vary from embassy to embassy.   Not sure what country your fiancee is from .. your info is blank, maybe update your profile and .. 

 

  

[Jitoria 5]

17 minutes ago, Fogi said:

Do you have recent earnings or start a new job? You'll need to show something. Proof that you were in school and how you were supporting yourself. How you will support your beneficiary, etc.

Yeah I have 6 months of earnings and proof that it is a permanent position and salary. 

 

As for the proof in school and support, I have those things I guess. I’m more worried the IRS is not going to be happy with me. 

[Jitoria 5]

9 minutes ago, Hank_ said:

 

It isn't so much the quantity of evidence submitted but the quality, don't include what USCIS really wants and  you get the result ...  RFE.    

 

As for the I-134 that is a non-immigrant form designed with everything BUT a K-1 in mind ..  so you have to pay attention to the embassy requirements and not necessarily the I-134 instructions as a whole.

 

And those requirements can vary from embassy to embassy.   Not sure what country your fiancee is from .. your info is blank, maybe update your profile and .. 

 

  

This has been my experience so far. Our proof was so clear and evident that our process has been really smooth so far. We had an RFE, but that was because we missed a single “yes/no” question on the I-129f. Once we sent it back they gave us an immediate approval. 

[Limey 550]

28 minutes ago, Fogi said:

Why isn't that on the instructions then? It's crazy. I wonder why it's so subjective. When doing the i-129f, I submitted the bare minimum, exactly what they asked for, and was approved. But I hear of people submitting twice as much stuff as me and getting RFEs/denials. 

Its not about quantity, its about quality.

 

We've done the same as you throughout the process, submitting what was necessary. Have the 10 year green card now, and we've never had an RFE at any stage.

 

We focused on what they actually ask for - proof of a meeting within 2 years. We had several, so for each we included passport stamps, boarding passes, i94 (for me traveling to US), and a photo or two showing us together during such trips. The kind of evidence that when combined couldn't really be doubted. I read of people posting pages and pages of FB chats in their i-129F, but very little showing actual meetings, and then wondering why they get RFEs. Similarly we just included a brief outline of how we met (in a bar in the UK), and the simple standard form letters about our intent to marry once I entered on the k1. No attempt to win the Nobel Prize for Literature with an extensive history of our "love story" that some people seem keen to include.

 

USCIS staff are like most of us - they want an easy life. Give them exactly what they are looking for, and don't make them wade through loads of irrelevant filler (which might look like you're trying to hide something).

Edited September 27, 2019 by Limey

[Fogi 91]

11 minutes ago, Hank_ said:

 

It isn't so much the quantity of evidence submitted but the quality, don't include what USCIS really wants and  you get the result ...  RFE.    

 

As for the I-134 that is a non-immigrant form designed with everything BUT a K-1 in mind ..  so you have to pay attention to the embassy requirements and not necessarily the I-134 instructions as a whole.

 

And those requirements can vary from embassy to embassy.   Not sure what country your fiancee is from .. your info is blank, maybe update your profile and .. 

 

  

Philippines. I know that it says "you may be required to submit W2s and tax returns." I am on the side of less is more in these instances. Either you easily meet the requirements or you don't. 

[Fogi 91]

3 minutes ago, Limey said:

Its not about quantity, its about quality.

 

We've done the same as you throughout the process, submitting what was necessary. Have the 10 year green card now, and we've never had an RFE at any stage.

 

We focused on what they actually ask for - proof of a meeting within 2 years. We had several, so for each we included passport stamps, boarding passes, i94 (for me traveling to US), and a photo or two showing us together during such trips. The kind of evidence that when combined couldn't really be doubted. I read of people posting pages and pages of FB chats in their i-129F, but very little showing actual meetings, and then wondering why they get RFEs. Similarly we just included a brief outline of how we met (in a bar in the UK), and the simple standard form letters about our intent to marry once I entered on the k1. No attempt to win the Nobel Prize for Literature with an extensive history of our "love story" that some people seem keen to include.

 

USCIS staff are like most of us - they want an easy life. Give them exactly what they are looking for, and don't make them wade through loads of irrelevant filler (which might look like you're trying to hide something).

We didn't submit any sort of story. Visa stamps, 4 pictures,  and a certified letter from my insurance company showing she is the beneficiary of my life insurance policy. I traveled there many times, at one point spent 18 straight months there. So our case was pretty open and shut. 

[carmel34 3,533]

57 minutes ago, Jitoria said:

I was a student on scholarship in China. I had no reportable income. 

Check with the embassy or consulate where the interview will be conducted, look for their list of financial documents.  If you were not required to file tax returns with the IRS for the years you were a student in China, then I would suggest a letter explaining your situation, why you did not file.  That is what is required for the I-864 which you will need later for adjustment of status anyway, and the IOs are familiar with this practice for spousal visa interviews.  If your evidence of current US-based income is strong and well above the poverty guidelines you should be okay.  Good luck!

[Hank_ 9,173]

51 minutes ago, Fogi said:

Philippines. I know that it says "you may be required to submit W2s and tax returns." I am on the side of less is more in these instances. Either you easily meet the requirements or you don't. 

I agree.  Never DO-DO when DO will DO!

 

Ah Philippines .. easy enough.   I-134, copy of most recent tax return/transcript and W-2  .. all can be scanned and sent by email to your fiancee.      That is it, unless a person is a new employee.

 

Your petition was approved?  Is your case file at NVC?      https://www.visaconnection-philippines.com/nvc.html

 

For the visa process, this guide may be helpful:  https://www.visaconnection-philippines.com/us-embassy-usem.html

 

For your questions about the visa process in the Philippines:    https://www.visajourney.com/forums/forum/129-philippines/