Tax transcripts for the affidavit of support

[garnet80 1]

When I call for this (I am the american sponsor), I am just requesting the 1040s from the past couple years? Is that the correct form? I'm not good with taxes, I go to H&R Block every year!

And I've asked this before, but to be sure, I am recently divorced. Even my 2009 was a joint file with my ex husband (we were already divorced, but the divorce happened in 2010)... he had moved out but we still had financial ties. Some years of our marriage it was just his W-2 (sometimes we both had one). I always filed with him though, my name was there. We had very very simple taxes, no property no ANYTHING but just the income and our cars. This won't be an issue will it? That the ex's name is all over the papers... ?

I figure since I am done with the 2009 taxes, I can go ahead and get these ordered since nothing will change between now and my hopeful NOA-2 in another month or so!

Thanks!

[Otto 83]

**Not as much a K1 topic as it is a US Embassy/Consulate Discussion - moving thread there.

[VanessaTony 3,567]

When I call for this (I am the american sponsor), I am just requesting the 1040s from the past couple years? Is that the correct form? I'm not good with taxes, I go to H&R Block every year!

And I've asked this before, but to be sure, I am recently divorced. Even my 2009 was a joint file with my ex husband (we were already divorced, but the divorce happened in 2010)... he had moved out but we still had financial ties. Some years of our marriage it was just his W-2 (sometimes we both had one). I always filed with him though, my name was there. We had very very simple taxes, no property no ANYTHING but just the income and our cars. This won't be an issue will it? That the ex's name is all over the papers... ?

I figure since I am done with the 2009 taxes, I can go ahead and get these ordered since nothing will change between now and my hopeful NOA-2 in another month or so!

Thanks!

When my husband called he just said "tax transcripts" so I don't know about 1040 it was pretty simple and he asked for 06, 07 and 08. Now we need to get 09 'cause we've filed already (2009 is not needed till April 15 but as we've filed we'll send it).

I'm not sure about the ex-husband stuff but I am curious, you said you were already divorced and the divorce happened in 2010. This is going to seem rude but is that a typo? When exactly did the official divorce go through? What is the date on the divorce papers? That matters for your I-129F. Also how did you file? This document: http://www.irs.gov/publications/p501/ar02....blink1000220722 says "Divorced persons. If you are divorced under a final decree by the last day of the year, you are considered unmarried for the whole year."

[garnet80 1]

I'm not sure about the ex-husband stuff but I am curious, you said you were already divorced and the divorce happened in 2010. This is going to seem rude but is that a typo? When exactly did the official divorce go through? What is the date on the divorce papers? That matters for your I-129F. Also how did you file? This document: http://www.irs.gov/publications/p501/ar02....blink1000220722 says "Divorced persons. If you are divorced under a final decree by the last day of the year, you are considered unmarried for the whole year."

What I meant was, when we filed our taxes this year (Feb 5th), our divorce had already taken place. Our divorce was final January 8th, 2010.

We were separated and living apart, but not legally. We had our taxes done, explained our situation to the H&R Block associate, and was told this was how to do it. We could file joint, or file individual for 2009 since we were legally married all of 2009. We filed joint.

[VanessaTony 3,567]

What I meant was, when we filed our taxes this year (Feb 5th), our divorce had already taken place. Our divorce was final January 8th, 2010.

We were separated and living apart, but not legally. We had our taxes done, explained our situation to the H&R Block associate, and was told this was how to do it. We could file joint, or file individual for 2009 since we were legally married all of 2009. We filed joint.

Okay... so you sent your I-129F the DAY your divorce was final? I could be completely wrong (and someone will correct me I'm sure) but you might be asked a few questions about it. Technically it's not "illegal" to be engaged while married to someone else, but you might be asked. Canada's a low-fraud country though but I do know in another thread, last week sometime it was posted, in another country there was a gentleman that was denied his visa because he was engaged to someone who was married (even though she was divorced when they filed, they were dating and engaged BEFORE it became final). I believe they rejected it because they thought his american wife had cheated on her husband so how did he know she wouldn't cheat on him.. or something like that (I could have sexes confused).

I just thought I would mention it because I'm not sure if it will mean you're questioned a little harder. I don't want to scare you so please don't think I want to, I just want to warn you that you should be prepared in case they do. It's not illegal but you never know if they might be a little tougher on you because of it.

Another question, did you send a letter of intent to marry? If so when were they dated? When you signed the I-129F when was it dated? I'm sure you realised you needed to be free to marry so dated it the day your divorce was final just wondering whether you remembered the same for the fiance letter of intent.

Best of luck

Edited February 28, 2010 by Vanessa&Tony

[garnet80 1]

Okay... so you sent your I-129F the DAY your divorce was final? I could be completely wrong (and someone will correct me I'm sure) but you might be asked a few questions about it. Technically it's not "illegal" to be engaged while married to someone else, but you might be asked. Canada's a low-fraud country though but I do know in another thread, last week sometime it was posted, in another country there was a gentleman that was denied his visa because he was engaged to someone who was married (even though she was divorced when they filed, they were dating and engaged BEFORE it became final). I believe they rejected it because they thought his american wife had cheated on her husband so how did he know she wouldn't cheat on him.. or something like that (I could have sexes confused).

I just thought I would mention it because I'm not sure if it will mean you're questioned a little harder. I don't want to scare you so please don't think I want to, I just want to warn you that you should be prepared in case they do. It's not illegal but you never know if they might be a little tougher on you because of it.

Another question, did you send a letter of intent to marry? If so when were they dated? When you signed the I-129F when was it dated? I'm sure you realised you needed to be free to marry so dated it the day your divorce was final just wondering whether you remembered the same for the fiance letter of intent.

Best of luck

Yes, I asked about it in the Canadian forum and wasn't the only one to do so... no one thought it would be an issue. I was free to marry on that date (judge verified this), so into the mail it went.

Yes, I sent a letter of intent to marry, and it was dated the 8th. The I129 F was also dated the 8th. I was trying to be very careful in this. Everything I needed to have signed when free to marry, I did immediately after my divorce was final.

My fiance dated his letter of intent Jan 4th, because that is when he signed it. It was his last day visiting here, and we were putting the packet together before he went home. HE was free to marry so hopefully that wont raise issue. We figured better to be honest with the signature/dates!

My ex moved out a couple years before we got the divorce (he wouldn't pay, I had to save up...). We lived apart for those years. He was living with a woman. We were only married on paper at this point, and I was moving it along as quickly as I could. I am hopeful that if questioned harder, my fiance can explain that we had long since separated, lived apart, etc.

Thanks for your concern, you raise valid issues.

[besaangel 18]

ask a lawyers' opinion...