Questions about affidavit of support as a self-employed US citizen

[nineohtwo 8]

Hi everyone!

 

For the past two years prior to the tail end of 2020 and all of 2021 I was living off of savings as I was starting a new business venture. I am currently self-employed and make well over the income guidelines to sponsor my fiancé. 

 

I am worried that I will need to provide the past three years of income tax returns. They may be too low (effectively I had a net income of around $10,000 or less as my business was getting off the ground) and I may be denied, despite making more than enough now. Will this be a problem? I do not intend to apply for a K-1 or spousal visa until 2022 so I will have 2021 with sufficient income.

 

Many thanks!

[Joe Kano 327]

Which country? Some don't require a I 134 for a K1.

 

Anyways the I-134 isn't a legally binding document, and some of the CO's at the Embassies will tell you that, or at least in Philippines they have said that before.

[nineohtwo 8]

He's Dutch, I'm American/Italian and we would file out of Italy. 

 

I'm not sure what you mean by it not being a binding document. Can you please explain? Thank you!

[nineohtwo 8]

Does anyone have any ideas? Many thanks.

[Villanelle 4,121]

On 5/31/2021 at 5:28 AM, nineohtwo said:

He's Dutch, I'm American/Italian and we would file out of Italy. 

 

I'm not sure what you mean by it not being a binding document. Can you please explain? Thank you!

The K and CR are different. You can compare them by reviewing the guides link at the top of the forums. There are advantages and disadvantages to each. Most users here would recommend the CR over the K if its important the spouse can work immediately. The K costs more overall and is longer in total for your spouse to become an LPR. It is important to some people to marry and immediately live together so for them the K is better. 

 

For the K you fill out the 134 during the process. The 134 is non binding meaning it only covers the 90 days of the K visa. It has a slightly lower income threshold as well. Because its only valid/enforceable for a short 90 day period most people are approved if they have current income that qualifies. They dont typically give you a hard time in wanting you to establish your income is stable by digging deep into your work history- as it really only needs to be stable for those 90 days.... Later once your partner is in the US and you marry you file the AOS package which requires the 864. That form is the one that is valid for 10ys/40q/leave the US/become a citizen/die. So they take that one much more seriously. They will look at your current income as well as your earning history to ensure your income is accurate and stable. Self employed need at least 1 yr tax returns showing income over the limits. It should be Ok if the previous years were below as long as you include a letter of explanation about the business and the person reviewing it can see easily that the first years included some one time expenses but now you are stable and have a variety of contracts and such. Imagine if you were going to be applying for some type of loan and needed to prove your income and business viability. Thats what you want to show them. 

 

The CR only uses the 864 form.

Edited June 1, 2021 by Villanelle

[payxibka 10,044]

On 5/31/2021 at 4:28 AM, nineohtwo said:

He's Dutch, I'm American/Italian and we would file out of Italy. 

 

I'm not sure what you mean by it not being a binding document. Can you please explain? Thank you!

As for the interview,  doesn't matter what you status or nationality is, what matters is his residency status 

[DaveAndAnastasia 2,078]

1 hour ago, Villanelle said:

The K and CR are different. You can compare them by reviewing the guides link at the top of the forums. There are advantages and disadvantages to each. Most users here would recommend the CR over the K if its important the spouse can work immediately. The K costs more overall and is longer in total for your spouse to become an LPR. It is important to some people to marry and immediately live together so for them the K is better. 

Also in some countries even in normal times marrying a foreigner is not fast or straightforward, it's difficult to get a tourist visa for the US, and a third country wedding would add a lot of time and cost to the process.

[Keithn85 400]

On 5/31/2021 at 3:28 AM, nineohtwo said:

I'm not sure what you mean by it not being a binding document. Can you please explain? Thank you!

The I-134 is only a document to prove your ability to support the beneficiary and is submitted at the interview stage.  It is not a contract (binding document) for the future.