K-1 Visa...No Tax Returns...Only Recent Paycheck Stubs and Employment Letter

[EthioAmer 0]

Hello to everyone and thank you for your responses.

My question is simple. I am planning on filing for a K-1 Visa for my fiancée who is from Ethiopia. I am in a new job starting only 1 month ago making approximately $35,000 yearly. I can provide pay check stubs and a letter from my employer. The problem is that my previous years tax returns show zero money made because I was unemployed. Although I am making above the minimum required amount now based on yearly income (MONTHLY SALARY x 12 = $35,000 yearly). I have only been at this job 1month. Even if I wait to file for a K-1 Visa my 2020 tax return will be below the minimum amount required. Will my current paycheck stubs plus a letter of employment from my job be enough to satisfy the income requirements or do I need tax returns/transcripts as well?

Edited July 14, 2021 by xrcjwb

[Keithn85 400]

9 minutes ago, xrcjwb said:

Hello to everyone and thank you for your responses.

My question is simple. I am planning on filing for a K-1 Visa for my fiancée who is from Ethiopia. I am in a new job starting only 1 month ago making approximately $35,000 yearly. I can provide pay check stubs and a letter from my employer. The problem is that my previous years tax returns show zero money made because I was unemployed. Although I am making above the minimum required amount now based on yearly income (MONTHLY SALARY x 12 = $35,000 yearly). I have only been at this job 1month. Even if I wait to file for a K-1 Visa my 2020 tax return will be below the minimum amount required. Will my current paycheck stubs plus a letter of employment from my job be enough to satisfy the income requirements or do I need tax returns/transcripts as well?

To be honest, unless your 129F petition is expedited, you will not even need to be concerned with that until you file your 2021 taxes.  But let's say you were interviewing within the next month.  Pretending you already filed the petition and were approved and now it is at the embassy.  You would bring whatever proof you have of your recent paystubs and w2s to prove what you currently make and a letter from your employer.  Some embassys are concerned with the stability also along with your income.  But for now, as long as you make above the 100% (realistically you want to gauge for 120% by the time you apply for AoS after the K-1 Visa has been issued to the beneficiary) then just apply and once the petition is approved, gather the needed documents.  Again, you might have 2021 tax return available by the time the interview comes around.

 

Think of it kind of like applying for a rental property.  If you just started your job, some management companies want to see proof that you will be able to pay and will require previous income or a letter stating your salary.  That is how you have to approach this.  But i would definitely check the ethiopia section or see if any of them speak specifically to that embassy as you have plenty of time to get it all figured out for sure.

 

Best wishes on your journey.

[Letspaintcookies 2,201]

Current income is king. Yes they want to see previous tax returns/ transcripts but you have to proof your current income and that's easily done with paystubs and an employment letter. For AOS it's 125% not 120% above poverty line but depending on where you live 35k should be fine for that too if it's only you and your fiancée.

[SalishSea 16,746]

1 hour ago, xrcjwb said:

Hello to everyone and thank you for your responses.

My question is simple. I am planning on filing for a K-1 Visa for my fiancée who is from Ethiopia. I am in a new job starting only 1 month ago making approximately $35,000 yearly. I can provide pay check stubs and a letter from my employer. The problem is that my previous years tax returns show zero money made because I was unemployed. Although I am making above the minimum required amount now based on yearly income (MONTHLY SALARY x 12 = $35,000 yearly). I have only been at this job 1month. Even if I wait to file for a K-1 Visa my 2020 tax return will be below the minimum amount required. Will my current paycheck stubs plus a letter of employment from my job be enough to satisfy the income requirements or do I need tax returns/transcripts as well?

Since it will likely be greater than a year before your fiance has an interview, you have plenty of time to accumulate the necessary documents - 2021 tax transcript and payslips.

[powerpuff 5,883]

Moved from K-1 Case Filing & Progress Reports to K-1 Process & Procedures 

[EthioAmer 0]

Thank you for replying.

I will have some income in 2021 but it will be below 100% or 125% of the poverty level needed. I will be able to show paycheck stubs from 2021 and 2022 and a letter from my employer. But will submitting only a letter and current paycheck stubs from 2022 be enough? I keep reading about prior years tax transcripts and I will have below the required amount for 2021 so I am assuming I can’t use those transcripts and I would only submit paycheck stubs and a letter in 2022 if the interview happens then.

 

Also, if I am able to find a financial sponsor and that person is supporting 2 children, would the poverty level amount be for 5 people? Which would be Me + My Fiancé + Finacial Sponsor + Dependent + Dependent

[KayDeeCee 4,891]

13 hours ago, xrcjwb said:

Also, if I am able to find a financial sponsor and that person is supporting 2 children, would the poverty level amount be for 5 people? Which would be Me + My Fiancé + Finacial Sponsor + Dependent + Dependent

If you use a joint sponsor, they will need enough for their own household size plus the beneficiary. So, that would be 4 in this case. Unless you are a dependent of the joint sponsor, you are not part of their household count.

 

Also, if you are making enough in current annual income by the time you would get to the visa interview stage, you provide the evidence of your current income(paystubs with YTD income are good and letter from employer stating your salary), plus most recent tax return or complete copy of your taxes and W-2. Since you appear to not be self-employed, your proof of current annual income will be your primary/key evidence. If you get paid weekly, multiply your weekly gross income by 52, or by 26 for bi-weekly. It's a more accurate representation of your annual income than your monthly x12 method (unless you actually get paid once a month).

[Letspaintcookies 2,201]

There's no way around of sending tax stuff. They want it and you have to give it to them. But what's written on your recent tax transcript as income is not the number you use on the affidavit when they ask for your income. For that you do the math like @KayDeeCee said above. And then it doesn't matter if you only worked half of the year this year. You won't have to fill out the affidavit until next year by the time your fiancee has their interview and calculate what you'll make in the whole year and back it up with paystubs and an employer letter.

Edited July 17, 2021 by Letspaintcookies

[joe.b 33]

11 hours ago, Letspaintcookies said:

There's no way around of sending tax stuff. They want it and you have to give it to them.

I don't think this is necessarily always true. My fiance was recently approved for a K1 visa without showing any tax records for me at the consulate, and that's even considering that the instructions from the consulate said to bring them. My salary for my current job that I started last August is much higher than what is reflected on my recent tax returns, so I didn't think it was worth bothering to have him bring them. Instead, he brought a letter from my HR director stating my position, salary, etc., and two recent pay stubs, along with the affidavit of support. A person at the consulate asked my fiance for my tax records, but he explained that they don't show my current salary and gave them the other documentation, and the person accepted that. His visa was approved that day, so the lack of tax records didn't present any issue.

[TWISTIE 30]

On 7/16/2021 at 8:32 PM, xrcjwb said:

Thank you for replying.

I will have some income in 2021 but it will be below 100% or 125% of the poverty level needed. I will be able to show paycheck stubs from 2021 and 2022 and a letter from my employer. But will submitting only a letter and current paycheck stubs from 2022 be enough? I keep reading about prior years tax transcripts and I will have below the required amount for 2021 so I am assuming I can’t use those transcripts and I would only submit paycheck stubs and a letter in 2022 if the interview happens then.

 

Also, if I am able to find a financial sponsor and that person is supporting 2 children, would the poverty level amount be for 5 people? Which would be Me + My Fiancé + Finacial Sponsor + Dependent + Dependent

Are people allowed to use co-sponsor fo K-1 visa on form I-134?? I thought its only allowed for immigrant visa and only on form I-864.

[TWISTIE 30]

On 7/18/2021 at 12:13 AM, joe.b said:

I don't think this is necessarily always true. My fiance was recently approved for a K1 visa without showing any tax records for me at the consulate, and that's even considering that the instructions from the consulate said to bring them. My salary for my current job that I started last August is much higher than what is reflected on my recent tax returns, so I didn't think it was worth bothering to have him bring them. Instead, he brought a letter from my HR director stating my position, salary, etc., and two recent pay stubs, along with the affidavit of support. A person at the consulate asked my fiance for my tax records, but he explained that they don't show my current salary and gave them the other documentation, and the person accepted that. His visa was approved that day, so the lack of tax records didn't present any issue.

 

I think your fiancé’s case is out of norm...either being an exception or a mistake by the person who accepted only HR letter. Otherwise in all cases, tax returns are certainly asked for. By the way, when you say that two recent pay stubs along with AFFIDAVIT OF SUPPORT then what this affidavit of support we are talking about? I-134??

[joe.b 33]

38 minutes ago, TWISTIE said:

 

I think your fiancé’s case is out of norm...either being an exception or a mistake by the person who accepted only HR letter. Otherwise in all cases, tax returns are certainly asked for. By the way, when you say that two recent pay stubs along with AFFIDAVIT OF SUPPORT then what this affidavit of support we are talking about? I-134??

Lucky us then! 🥳 Also, like I said, tax returns were asked for. My fiance explained why they would not be relevant and offered alternate evidence. And you're misrepresenting what I said: I didn't say my fiance only presented an HR letter; he also presented recent pay stubs.

 

I'm not certain what your question is asking, but the affidavit of support I mentioned was the I-134.

[TWISTIE 30]

21 minutes ago, joe.b said:

Lucky us then! 🥳 Also, like I said, tax returns were asked for. My fiance explained why they would not be relevant and offered alternate evidence. And you're misrepresenting what I said: I didn't say my fiance only presented an HR letter; he also presented recent pay stubs.

 

I'm not certain what your question is asking, but the affidavit of support I mentioned was the I-134.

Then its my fault if I didn’t clearly read your posting. However, your fiancé submitted only two pay stubs right? If yes then its also out of norm because in most cases they require last 6 months’ pay-stubs...Nevertheless, you guys got over with it, and that’s all matter. Good luck to you guys...

 

By the way, how long it took for your guys from filing the petition to getting interview in India? What kind of questions and documents you were asked during the interview? Anything special to pay attention to when it comes to interview in India? Thanks

[joe.b 33]

2 hours ago, TWISTIE said:

 its also out of norm because in most cases they require last 6 months’ pay-stubs

I'm curious where you got this information. I've never seen anyone else say this. The VJ K1 guide only indicates two paystubs are necessary, and it only recommends a tax return if someone is self-employed. Of course, the VJ guide isn't official guidance, but I assume it's based on solid info.

 

I will message you individually about your questions about our K1 experience, since it's separate from the topic of this thread.