problem with income tax return.

[ilovehim30 34]

This process is so depressing,waiting sucks.Its so hard being in a situation like this.All I wish is to be with my love.Its been 5 months since we filed this petition,we should be getting our NOA2 this month but vermont is going soooo slow.All the excitement is like turning into sadness,and if ever we get this NOA2 on our estimated date which is September 20-29 2012,we wont be able to proceed with the process because of the income tax return.My fiance just started his job last September 2011,so his income tax return only covers September 2011-January 2012 which is causing us problems because it doesnt show his full salary income it only shows his income for half of the year.We are worried that the interviewer might think that my fiance cant support me because the income he has on his income tax return didnt meet the qualifications that tells he can support me.My fiance had a promotion recently,he has letters of employment,pays stubs,and other proofs that he can support me,but some people says that those proofs are not enough,that they will base it with the income tax return.We dont know what to do.We hired an agent and he says that we should wait till my fiance have his income tax return next year.But we cant wait that long,we are so tired of waiting.Another options that some people told me is the joint sponsorship but our agent says that it delays the process even more,and there is no guarantee that we will pass the interview.what can we do?is that income tax return so important that its all they ask during the interview?cant we just explain why it is like that?are those pay stubs and employment letter are not enough to back up the income tax return?all answers will be appreciated.thank you.

[Jordan and Sarah 1]

Have his employer, on company letterhead, write a letter saying that he is employed, how long, and what his yearly salary is. Make sure it is signed and dated, and notarized wouldn't hurt either. I'm not 100% on that, but I'm certain I read someone suggest that on another forum. Good luck and don't worry. It'll work out.

And also, I wouldn't wait. Just make sure that you have enough proof (letters, tax returns, pay stubs, bank statements, etc etc..) and you'll be fine. Don't let the worrying get to you.

Edit: If anyone else has any experience or suggestion, please feel free to suggest them as I'm not 100% certain that I'm correct.

Edited August 26, 2012 by Jordan and Sarah

[Anh map 2,098]

The tax return is typically not the most important item unless the sponsor is self employed. If self employed, the tax return is the only income used.

If your fiance is a wage/salary earner and his annualized earnings meet the requirement, then submitting recent paystubs and an employer letter ought to be ok. It is up to the interviewing officer to decide.

[X Factor 1,113]

The tax return is typically not the most important item unless the sponsor is self employed. If self employed, the tax return is the only income used.

If your fiance is a wage/salary earner and his annualized earnings meet the requirement, then submitting recent paystubs and an employer letter ought to be ok. It is up to the interviewing officer to decide.

Exactly.

[pieroot 43]

Exactly.

I totally agree with the previous posts. You could ask your fiance's employer to include the annual salary in the letter of employment and with the paycheck stubs that should be sufficient. In the I134 instructions, it says tax returns are used in case of where the petitioner is self-employed.

I don't understand why you need to wait for a full year's of tax return, that doesn't make too much sense to me. You can have it ready, in case it is asked for by the person interviewing you, but I don't believe it is necessary in your fiance's case. I am assuming that your fiance meets the 125% poverty line. If his income is not sufficient then get a co-sponsor.

Good luck!

[kennym 275]

I hate to ask the obvious..

Did your fiancee not have a job prior to sept 2011? Was he new to the job market at that time? If he was a student, it can easily be explained and show that his real earning power has now changed..

Edited August 26, 2012 by kennym

[dandk 72]

The tax return is typically not the most important item unless the sponsor is self employed. If self employed, the tax return is the only income used.

If your fiance is a wage/salary earner and his annualized earnings meet the requirement, then submitting recent paystubs and an employer letter ought to be ok. It is up to the interviewing officer to decide.

If the State Department would follow their own guideline for I-134, the income requirement is 100% of current Federal poverty.

http://travel.state.gov/visa/immigrants/types/types_2994.html#Forms

125% income requirement of Federal poverty guideline is required when you submit I-864 for AOS. It is up to CO's discretion whether to use 100% or 125% during the Consular interview. In a sense, you can get K-1 visa without meeting the 125% of Federal poverty guideline and then need a Co-sponsor for AOS submission.

Edited August 26, 2012 by dandk

[KayDeeCee 4,902]

If the State Department would follow their own guideline for I-134, the income requirement is 100% of current Federal poverty.

http://travel.state.gov/visa/immigrants/types/types_2994.html#Forms

125% income requirement of Federal poverty guideline is required when you submit I-864 for AOS. It is up to CO's discretion whether to use 100% or 125% during the Consular interview. In a sense, you can get K-1 visa without meeting the 125% of Federal poverty guideline and then need a Co-sponsor for AOS submission.

That is exactly why most consulates and interviewing officers use the guidelines for the I-864 when dealing with K-1 visa applicants. They know they have to file for AOS in a relatively short time, so they tend to require the 125% in order to approve a K-1.

Back to the OP's topic: He has been working at the same job for about a year now and even got a promotion. You have all the proof you need of his current income being enough(letter from employer and pay stubs). Current income is most important.

[MarMire 2]

My question is showing 125% for one person or two? thaks.

[TnJ 131]

My question is showing 125% for one person or two? thaks.

It is the size of your household that determines the number. All K-1s will at least go by the figure for two if it is just you and your fiance/e. Add as needed if children are involved.

[ilovehim30 34]

My fiance was a full time student all the way to september of 2011. That is when his first job started. His salary was 125% above the poverty line for both of us, but since the tax return only shows from september and on from that year, it does appear that he didnt make enough.Then he got his promotion last January.he has everything,the employment letter that shows his annual salary and also includes the raise he got from the promotion.

[ilovehim30 34]

what if the interviewer wants his income tax return,is he going to deny our petition?or he will give us time to get it?

[kennym 275]

what if the interviewer wants his income tax return,is he going to deny our petition?or he will give us time to get it?

The best policy is to take at least the most recent 3 years. since your Fiance only has last year's, take that one with with you... Even though it doesn't show enough income, your explanation and the recent pay stubs and job letters should be enough..

[kennym 275]

It maybe a good idea to take a co-sponser just in-case.. I understand that PI doesn't allow co-sponser unless it's a case such as your where the current earning power has increased above the poverty limit. or has the potential to increase which sounds like your situation..

[KayDeeCee 4,902]

what if the interviewer wants his income tax return,is he going to deny our petition?or he will give us time to get it?

Everyone has to show their most recent tax return. They will completely understand that he was a student before Sept. 2011. They are not basing his income off what he made last year. The 125% requirement will be based on his current income, which you said is enough and which he has proof of with the letter from his employer and pay stubs. It is not a new job even. He has worked there for a year now. Relax a little.