K-1 visa: Are tax transcripts needed if unemployed?

[Sceota Denum 1]

Hi forum,

I'm getting ready to travel to Spain and visit my fiancee again (June 12), and I'm trying to gather everything she will need for the interview following the NOA 2. We have already filed I-129f and our estimated date for NOA 2 is around the end of summer.

So far, here's what I have:

1. Form I-134, completed and signed (attached, with instructions)

2. Photocopies of IRS form 1040, and W2s for last 3 years

3. Copy of birth certificate.

4. Photocopies of everything sent in the I-129f package

5. NOA 1.

6. My co-sponsor's affidavit of support with all the supporting docs.

Here are my questions:

I had a summer job in 2011, but other than that, I've been unemployed because I am a full-time college student. That's all I have to provide for 1040s and W2s. In the fall I will be a student teacher, and then will graduate. Do I need to supply tax transcripts? I never filed my taxes because I did not make the minimum income at my summer job. Also, since I am under 24, my mother claimed me on her taxes. I'm not sure what I need to do for that part.

I know that I'll have to at least provide a letter explaining why I have been unemployed, but my fiancee says I need to obtain a statement from my university on official letterhead that acknowledges my full-time enrollment for the past few years and next semester. Is this so, and who should I get this from? I can go to the financial aid office or the school of education and ask the secretary to do it for me, if nobody else.

[TnJ 131]

I can't answer about your student status situation or what to provide for that concern. However, you are using a cosponsor. The cosponsor's income is what is important as you have already implied that you don't make enough money by obtaining a cosponsor. Make sure your cosponsor has all the supporting documents and has an income of 125% of the poverty level for household plus you two.

Edited May 31, 2012 by ToddnJessa

[Sceota Denum 1]

I can't answer about your student status situation or what to provide for that concern. However, you are using a cosponsor. The cosponsor's income is what is important as you have already implied that you don't make enough money by obtaining a cosponsor. Make sure your cosponsor has all the supporting documents and has an income of 125% of the poverty level for household plus you two.

Thanks for the quick reply.

I'm certain my co-sponsor makes more than enough, but I have not received the package from him, yet. I thought, though, that he doesn't need to include me in the equation even though that probably won't make a difference.

Our other concern is being able to file for AoS after we get married because our co-sponsor wants me to be able to sponsor my fiancee by myself. At the very least I will be subbing full-time in the school district and will probably meet the minimum, but it will not be a permanent position. I've read that we can wait a few months before filing AoS if need be, but we really don't want to do that.

[rocks 494]

It is not advised to complete, sign and date the I-134 before receiving your NOA2, it is a time sensitive document. She doesn't need your NOA1, just the NOA2.

[TnJ 131]

Thanks for the quick reply.

I'm certain my co-sponsor makes more than enough, but I have not received the package from him, yet. I thought, though, that he doesn't need to include me in the equation even though that probably won't make a difference.

Our other concern is being able to file for AoS after we get married because our co-sponsor wants me to be able to sponsor my fiancee by myself. At the very least I will be subbing full-time in the school district and will probably meet the minimum, but it will not be a permanent position. I've read that we can wait a few months before filing AoS if need be, but we really don't want to do that.

EDIT: Whoops. I made a mistake. Yes, cosponsor's income is 125% for household size plus beneficiary. Submit what you can with your I-134 along with the consponsor's I-134 and supporting documents. AOS might be a problem if you don't meet the income and have no cosponsor. Probably best to take advantage of the time given to secure the income before filing AOS. Even if temporary employment, it is employment.

Edited May 31, 2012 by ToddnJessa

[Dave&Roza 748]

Hi forum,

I'm getting ready to travel to Spain and visit my fiancee again (June 12), and I'm trying to gather everything she will need for the interview following the NOA 2. We have already filed I-129f and our estimated date for NOA 2 is around the end of summer.

So far, here's what I have:

1. Form I-134, completed and signed (attached, with instructions)

2. Photocopies of IRS form 1040, and W2s for last 3 years

3. Copy of birth certificate.

4. Photocopies of everything sent in the I-129f package

5. NOA 1.

6. My co-sponsor's affidavit of support with all the supporting docs.

Here are my questions:

I had a summer job in 2011, but other than that, I've been unemployed because I am a full-time college student. That's all I have to provide for 1040s and W2s. In the fall I will be a student teacher, and then will graduate. Do I need to supply tax transcripts? I never filed my taxes because I did not make the minimum income at my summer job. Also, since I am under 24, my mother claimed me on her taxes. I'm not sure what I need to do for that part.

I know that I'll have to at least provide a letter explaining why I have been unemployed, but my fiancee says I need to obtain a statement from my university on official letterhead that acknowledges my full-time enrollment for the past few years and next semester. Is this so, and who should I get this from? I can go to the financial aid office or the school of education and ask the secretary to do it for me, if nobody else.

Forget the copies of the 1040 and W-2's as you need copies of all supporting evidence and schedules. The best way to make certain you have a complete tax return to submit is to get a transcipt from the IRS. This shows what you actually filed and is accepted by teh USCIS. It is free and takes abot 5-10 business days to receive. Get them for yourself and your co-sponsor. Too many people get RFEs for incomplete tax returns because they forgot to include a 1099 form or some obscure schedule. Also the transcript is what the IRS has on file, a copy is a copy and may or may not have been actually filed.

I would wait to sign and date everything until the interview date is closer. After the NOA2 there is a period of time at the NVC then to the Embassy and then they set the interview date. That can be several months and they want the date to be fairly recent.

For AOS your current income must be 125% of the poverty guidelines. It would be best if the position is perment, but you can file based on your current situation and if you need a co-sponsor they will require one. You might want to have that covered before you file AOS as you will need to find a co-sponsor before the RFE Deadline or the AOS will be denied.

Good luck,

Dave

[Sceota Denum 1]

It is not advised to complete, sign and date the I-134 before receiving your NOA2, it is a time sensitive document. She doesn't need your NOA1, just the NOA2.

I can fill it out again, if necessary. Do you think it will really affect our chances if my co-sponsor's I-134 is signed and dated to the end of May if we receive our NOA 2 in August? Thanks.

[TnJ 131]

I can fill it out again, if necessary. Do you think it will really affect our chances if my co-sponsor's I-134 is signed and dated to the end of May if we receive our NOA 2 in August? Thanks.

That's a question only the CO can answer. Even if it wasn't a problem for one person, it might have been a problem for another. It advised that you wait for NOA2, at least, to sign/date documents. You are at the mercy of the CO when it is time for the interview. A month or two might not hurt, but you have to factor in the time between NOA2, NVC, and time the petition arrives at embassy. It is a waiting game until NOA2 arrives. Edited May 31, 2012 by ToddnJessa

[rocks 494]

I can fill it out again, if necessary. Do you think it will really affect our chances if my co-sponsor's I-134 is signed and dated to the end of May if we receive our NOA 2 in August? Thanks.

Yes. Neither you nor your co-sponsor should sign/date it until you have received your NOA2. If you read the K-1 Guide you will see that it advises:

What to send to your fiance(e) once the I-129F is approved (Receive NOA2):

4. I-134 Affidavit of Support form. Ensure it is signed, with all required supporting evidence. Begin collecting the required information ahead of time, as it can often take several weeks to collect it all.

While it is a great idea to start getting prepared for the interview and starting to collect all the information you will need for the interview, do not sign it until after you have the NOA2. Once you get your NOA2 there is a waiting period before your fiancee will have her interview. If you look at this K-1 Flowchart you will see the approximate time scales for each stage. Even if you are approved in July you will not have an interview in August.

[Sceota Denum 1]

That's a question only the CO can answer. Even if it wasn't a problem for one person, it might have been a problem for another. It advised that you wait for NOA2, at least, to sign/date documents. You are at the mercy of the CO when it is time for the interview. A month or two might not hurt, but you have to factor in the time between NOA2, NVC, and time the petition arrives at embassy. It is a waiting game until NOA2 arrives.

I'm looking for threads/posts about people who were denied at the interview for having documents that were prepared too soon. Do you know of any off-hand? I'm going to discuss this with my fiancee and my co-sponsor and hopefully we can get this under control. The plan was that I would bring the documents with me and save on postage. I had no idea all the documents needed to be prepared after NOA2. I thought only pay-stubs would need to be more recent.

This link states that AOS can take place a significant period of time after marriage/expiration of K-1 visa. What do you guys think? I don't want to take any chances, though. I do have another person who is willing to co-sponsor if necessary, but I don't want to burden them with that responsibility.

http://www.pcurtislaw.com/long-last-bia-clarifies-law-late-adjustment-status-applications-k1-visa-holders

I think subs in my district are paid by the hour. Since my income would not be salaried, I wonder how USCIS would figure out if I'm above the 125% line. Seems that a person would need to make $10/hr or more to make the minimum for a household size of 2; I'll definitely be making more than that once I wrap up my student-teaching semester. It's such a pain right now because I was supposed to graduate this semester and be a salaried teacher in the fall. Hopefully our marriage plans don't fall through because of that administration issue at my university.

I think Dave&Rosa is right about the transcripts. I will have them prepared anyway. Didn't think it was necessary since I have not personally filed in the last 3 years.

[rocks 494]

This link states that AOS can take place a significant period of time after marriage/expiration of K-1 visa. What do you guys think? I don't want to take any chances, though. I do have another person who is willing to co-sponsor if necessary, but I don't want to burden them with that responsibility.

http://www.pcurtislaw.com/long-last-bia-clarifies-law-late-adjustment-status-applications-k1-visa-holders

The K-1 visa expires once it is used for entry to the USA. You have 90 days to marry upon entry, that is the only condition. There is no time limit for filing AOS but the longer you wait to file, the longer your fiancee will have to wait before she can work, drive etc. It's best to file as soon as you can.

[Sceota Denum 1]

Yes. Neither you nor your co-sponsor should sign/date it until you have received your NOA2. If you read the K-1 Guide you will see that it advises:

What to send to your fiance(e) once the I-129F is approved (Receive NOA2):

4. I-134 Affidavit of Support form. Ensure it is signed, with all required supporting evidence. Begin collecting the required information ahead of time, as it can often take several weeks to collect it all.

While it is a great idea to start getting prepared for the interview and starting to collect all the information you will need for the interview, do not sign it until after you have the NOA2. Once you get your NOA2 there is a waiting period before your fiancee will have her interview. If you look at this K-1 Flowchart you will see the approximate time scales for each stage. Even if you are approved in July you will not have an interview in August.

Yep, we took that to heart and started gathering everything in April! Our co-sponsor only recently agreed to help us, though. I haven't signed any forms and I just called my co-sponsor to let him know about this. Chances are he hasn't even mailed the docs to me yet. Do you suppose it would be O.K. if he signs supporting docs again at a closer date to the NOA 2? I'd hate for him to need to contact IRS again for fresh copies of transcripts bother his boss for another letter of employment!

[Sceota Denum 1]

The K-1 visa expires once it is used for entry to the USA. You have 90 days to marry upon entry, that is the only condition. There is no time limit for filing AOS but the longer you wait to file, the longer your fiancee will have to wait before she can work, drive etc. It's best to file as soon as you can.

Thanks, that's reassuring! We're hoping that she is able to enter on her K-1 visa before our anniversary on Dec. 21. Ideally, we'd marry on this date, but we're not sure if that's the most feasible option at this point, considering that my final student-teaching placement ends on January 31st.

[rocks 494]

Yep, we took that to heart and started gathering everything in April! Our co-sponsor only recently agreed to help us, though. I haven't signed any forms and I just called my co-sponsor to let him know about this. Chances are he hasn't even mailed the docs to me yet. Do you suppose it would be O.K. if he signs supporting docs again at a closer date to the NOA 2? I'd hate for him to need to contact IRS again for fresh copies of transcripts bother his boss for another letter of employment!

You can apply for transcripts whenever, they are not time sensitive. As long as you have the ones for the years required they do not need to be applied for at a specific time. I was talking about the I-134 being time sensitive and yes also the letter of employment. You might be OK if your co-sponsor signs the I-134 and the letter of employment is dated now but unfortunately it really depends on who is interviewing you. How long are you planning on staying in Spain? Maybe you can sign your I-134 later on in your trip to get it closer to the interview date?

Thanks, that's reassuring! We're hoping that she is able to enter on her K-1 visa before our anniversary on Dec. 21. Ideally, we'd marry on this date, but we're not sure if that's the most feasible option at this point, considering that my final student-teaching placement ends on January 31st.

It could be possible that she could be there in December, but don't make any concrete plans until she has the visa in her hand. It's tough to only have a short time frame to organize everything but it's better to be safe than sorry!

[TnJ 131]

The K-1 visa expires once it is used for entry to the USA. You have 90 days to marry upon entry, that is the only condition. There is no time limit for filing AOS but the longer you wait to file, the longer your fiancee will have to wait before she can work, drive etc. It's best to file as soon as you can.

The longer you wait, the more unlawful your presence is. AOS should be done as soon as feasibly possible. Preferably within the 90 days(I-94) of arrival. After that, the presence becomes unlawful and is subject to the possible repercussions.

From USCIS: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12709/0-0-0-12929.html#0-0-0-1971

Thanks, that's reassuring! We're hoping that she is able to enter on her K-1 visa before our anniversary on Dec. 21. Ideally, we'd marry on this date, but we're not sure if that's the most feasible option at this point, considering that my final student-teaching placement ends on January 31st.

Many people end up filing AOS after the 90 days has expired, but this is not intended. It's best to file within the 90 days for the beneficiary's presence to remain lawful. Edited May 31, 2012 by ToddnJessa