twentysomething gal

great advises, thanks you guys!

Now you got me thinking otherwise!

a cliche, but the truth really does set you free.

You have to be single when she enters on a K1 Visa.

Anything else and you are`heading for a whole heap of trouble.

If you marry before then the K1 becaomes inbalid and you would start again from scratch with a K3.

Usually I -864 is for when you adjust status, not at the K stage.

You might've confused the 2 petitions. the K1 petition is for my fiance, who will be cming to the US this May, which I will be marrying.

The I-864 is for my mother whom I already petitioned last 2006.

Everything else aside, I doubt your Mom will get approved and a visa before May 2007.

good point, kitkat1.

yeah. there is something terribly wrong with my family's point of view. in fairness to them, they are unaware of the whole K1 thing which makes the situation more complicated. had they known about it, they would definitely disagree, that's why my fiance and I kept it a secret.

i am now on the process of submitting the I-864 affidavit of support. her case had been approved here in the USCIS already last month. i was just wondering if it(my status) is one of the questions that will be asked from her during the interview. If i submit the form I-864 affidavit of support today, that indicates my status as still single, isnt it that it would still be technically correct even if I get married sometime after that? Unless the NVC requires me to update them if I change status during the petition process...

Your comments have been very helpful. I know I am taking a risk and I better be informed while doing that.

Sounds like you are over complicating things, you are both adults.

And how do you intend to explain away the K1 Visa anyway?

My family is over complicating things... just a little background on it: Philippine families tend to be very conservative and we are raised in this culture. It was arleady a big step for me to petition my fiance since I was the girl in our case. We (my fiance and I) did not want to get out of my family's good graces so the only way was not to inform them about the K1. As soon as we give them what they want first-- A BIG CHURCH WEDDING-- it will be a smoother ride for us in explaining the K1 thing. I get your point Boiler, I just wish everyone (in my case my family) has your practical and open minded point of view.

I am already submitting my mom's I-864 on monday and our wedding date is not due until May 2007. Analyzing your response, if my mom gets her approval and interview date before I get married, I can get away with it?

Thanks for the quick response!!!

It seems that my petition troubles would never end.

As some of my fellow VJers may recall, I was the one who petitioned my fiance even with the lack of tax return, which was, thank God, approved anyway.

This obviously will require for my fiance and me to get married when he arrives here. However, we did not get my family's (based on the Philippines) approval for this marriage to my fiance's and my dismay. They never wanted us to get married without them attending the FIRST wedding.

We will just try to get a civil wedding here in the US and do not intend to inform our relatives back in my fiance's (and mine too) home country. We are both over 25 years old and I dont think this will raise any issue on our wedding here in the US.

However, I am in the process of petitioning for my mother via I-130. Are there any complications this "secret" wedding may raise? Is the consul going to ask my mother about my status (if single or already married) during her interview?

For those who are curious about how we are going to resolve the "secret wedding" issue, we plan to get a real BIG wedding back in the Phils. right after my fiance gets his AOS or anytime he can go back to the Phils. after coming in the US.

...just wanted to tell everyone that we finally got approved!!! the consul actually did not need the tax return (IN MY CASE). I just explained the situation to him and gave him the certificate of income from my employer, including my payslips, and those were enough.

Thanks again for everyone who helped us!

twentysomething gal,

Note that there is an income level above which one must file an income tax return, an income level that is something different from the HHS poverty levels. If you made more than the minimum income for filing a tax return then you owe the IRS a return, no matter where in the world you earned the income and even if you do not owe any tax on that income. (Many people seem to not realize this.)

Yodrak

Thanks Yodrak. I got the minimum income level filing requirement from the IRS website. The reason why I did not stress on this because...(oh well better say it) i didn't make the minumum gross income requirement last year. In my case it was $10,500 for a head of household tax status. The documents that I need to provide them now are the 2005 income tax return I filed abroad (non US country) that supports my statement, a written statement that explains why I didn't file in the US and a copy of the IRS publication that says the minimum gross income filing requirement. In my case it was IRS Publication 54 (2005).

All that trouble for not filing!

I got a reply from NVC...i think I should share it with everyone.

"If the Internal Revenue Service (IRS) did not require the petitioner or co-sponsor, to file a Federal tax return for the requested tax year, please provide the NVC with a written explanation and a copy of the instructions from the IRS publication that shows the petitioner or co-sponsor was not obligated to file. For information on most income tax obligations, visit the IRS website.

Regards,

National Visa Center

M2B"

Did you work last year, if yes then you should file your 2005 in April 2006. If you didn't, then really, like Yordak said: explain it to the consulate/embassy why you don't have IRT. Sometimes, being a full-time student, who gets no incomes, it will be tough to file an ITR (for example). Last but not least: you can not submit what you do not have!

I worked in the Philippines last year (05), then I started working first time in the US last January 06. So technically I dont have 05 transcripts to show unless they request for the previous year tax returns from the Philippines which would reveal a ridiculously lower income, much lower than the poverty line as required by USCIS. This year though, working here int he US, I met the income requirement.

YODRAK, I think you're right... I should just draft a letter or something that would explain why I couldn't provide an ITR yet so that my fiance can bring it during his interview.

Thanks guys for your replies. very much appreciated!

This is the one of the problems I am facing now with my application. My fiance already has an interview date this coming December 19. Knowing that the affidavit of support should come with the latest ITR (some people even say it should include ITRs from the past 3 years), I wont be able to attach one since I only started working last January 2006. My first ITR will not be due and filed until January 07, half a month past his scheduled interview.

I do, however, have bank statements, actual payslips and certification from my employer about by job, startdate salary and position.

Will this in anyway will affect the approval of my fiance's application?