Proof of Income Requirement

[bookyworm 2]

I was a full time masters student and did not work for the past 2 years so I do not have any tax forms (transcripts, w2) within the last 3 years for my fiancé to submit during the interview. I have now completed my program and have recently accepted a job that meets the poverty guideline requirements.

 

What documents can I submit in lieu of not having any tax forms? I was thinking my official offer letter stating the salary breakdown and pay stubs. Anything else I should add for proof of income?

 

 Thank you!

[Crazy Cat 39,414]

26 minutes ago, bookyworm said:

What documents can I submit in lieu of not having any tax forms?

If you were not required to file taxes, you don't need anything in lieu of them.  Tax return/transcripts are not used to determine income unless you are self-employed.  For proof of current income, you should use pay stubs, letter of employment, etc. 

[wazzujoel 59]

On 1/4/2023 at 12:14 PM, bookyworm said:

I was a full time masters student and did not work for the past 2 years so I do not have any tax forms (transcripts, w2) within the last 3 years for my fiancé to submit during the interview. I have now completed my program and have recently accepted a job that meets the poverty guideline requirements.

 

What documents can I submit in lieu of not having any tax forms? I was thinking my official offer letter stating the salary breakdown and pay stubs. Anything else I should add for proof of income?

 

 Thank you!

 

This is a good question. When did you submit your i-129F? 

 

From what I understand, you need to show stable income and one of the required documents that is listed in the i-134 instructions is tax transcript from the most recent year. Although it's not said, I would think they want this transcript to verify income threshold. I found this link that talks about the income requirements more that might help. 

 

https://www.immi-usa.com/k1-visa-income-requirements/

 

If you submitted your i-129F after ~June 2022, than you probably have nothing to worry about because you wont be getting NOA2 until roughly Dec 2023 anyways so you will be able to quickly do your 2023 taxes and have that for the interview. If you submitted before it I personally would recommend either finding a joint sponsor just in case, or consulting with a lawyer. If you find a joint sponsor you can tell them that i-134 isn't even legally enforceable (at least from what I read), and that by the time you get married, file an AOS and i-184 that you wont need them as a sponsor then. I believe i-184 is legally enforceable by family courts but by that time you shouldn't need a joint sponsor. 

 

Disclaimer - I am not a lawyer or an immigration expert. This is just what I understand since I am also going through the i-129F process. Ultimately the final decision is going to come from the person at the embassy conducting the interview and looking at the documentation you present. There is variability in what different people in these positions accept. I admit it's entirely possible you can get approval without a tax transcript, however it's entirely possible you get a denial because that person feels a tax transcript is a requirement for the process. I am only saying I would not take the risk of denial if this person doesn't like your story/situation and lack of documentation around it. 

[bookyworm 2]

1 hour ago, wazzujoel said:

 

This is a good question. When did you submit your i-129F? 

 

From what I understand, you need to show stable income and one of the required documents that is listed in the i-134 instructions is tax transcript from the most recent year. Although it's not said, I would think they want this transcript to verify income threshold. I found this link that talks about the income requirements more that might help. 

 

https://www.immi-usa.com/k1-visa-income-requirements/

 

If you submitted your i-129F after ~June 2022, than you probably have nothing to worry about because you wont be getting NOA2 until roughly Dec 2023 anyways so you will be able to quickly do your 2023 taxes and have that for the interview. If you submitted before it I personally would recommend either finding a joint sponsor just in case, or consulting with a lawyer. If you find a joint sponsor you can tell them that i-134 isn't even legally enforceable (at least from what I read), and that by the time you get married, file an AOS and i-184 that you wont need them as a sponsor then. I believe i-184 is legally enforceable by family courts but by that time you shouldn't need a joint sponsor. 

 

Disclaimer - I am not a lawyer or an immigration expert. This is just what I understand since I am also going through the i-129F process. Ultimately the final decision is going to come from the person at the embassy conducting the interview and looking at the documentation you present. There is variability in what different people in these positions accept. I admit it's entirely possible you can get approval without a tax transcript, however it's entirely possible you get a denial because that person feels a tax transcript is a requirement for the process. I am only saying I would not take the risk of denial if this person doesn't like your story/situation and lack of documentation around it. 

Thank you for the info! Our NOA1 was back in Dec 2021. Based on what you advised, I’m thinking it’d be best to just have a joint sponsor to be on the safer side, thankfully we have one on standby. I’ll also provide some proof of my current new income as well.