NO TAXES STATEMENT in I-134 evidence

[New Yorker 0]

HELLO EVERYONE.. MY FIANCE HAS NOT FILED TAXES AND OUR INTERVIEW IS SOON.. WE MADE THIS STATEMENT, DOES SOMEONE KNOW IF IT HELPS?? DOES SOMEONE KNOW IF IT HAS TO BE NOTARIZED? Im posting a example in case someone is in our case.

NO TAXES STATEMENT

K-1 Visa Process

Beneficiary: XXX XXXXX

CDJ065XXXXXXX

US CONSULATE GENERAL- CD JUAREZ

Av. López Mateos 924N,

Cd. Juárez Chihuahua, México

To Whom It May Concern:

I, (PETITIONER), born on XX/XX/XX, with SS# XXX-XX-XXXX, US citizen, residing at xxxxxxxxxxx .

CERTIFY: That the reason why I am not submitting copy of my tax return for the past 2003 AND 2005 years is because I have not filed:

2003. Missing tax documents. Due to relocating from R.I. to NY. I will file as soon as possible not later than 30 days by going personally to the IRS.

2005. Moved to Mexico City since early 2005 to live with my fiancee (BENEFICIARY)

Signed: _______________________________ Date: ______________

Notary Signature: _________________________ Date: ______________

[MariaEric 0]

HELLO EVERYONE.. MY FIANCE HAS NOT FILED TAXES AND OUR INTERVIEW IS SOON.. WE MADE THIS STATEMENT, DOES SOMEONE KNOW IF IT HELPS?? DOES SOMEONE KNOW IF IT HAS TO BE NOTARIZED? Im posting a example in case someone is in our case.

NO TAXES STATEMENT

K-1 Visa Process

Beneficiary: XXX XXXXX

CDJ065XXXXXXX

US CONSULATE GENERAL- CD JUAREZ

Av. López Mateos 924N,

Cd. Juárez Chihuahua, México

To Whom It May Concern:

I, (PETITIONER), born on XX/XX/XX, with SS# XXX-XX-XXXX, US citizen, residing at xxxxxxxxxxx .

CERTIFY: That the reason why I am not submitting copy of my tax return for the past 2003 AND 2005 years is because I have not filed:

2003. Missing tax documents. Due to relocating from R.I. to NY. I will file as soon as possible not later than 30 days by going personally to the IRS.

2005. Moved to Mexico City since early 2005 to live with my fiancee (BENEFICIARY)

Signed: _______________________________ Date: ______________

Notary Signature: _________________________ Date: ______________

I am assuming he is self-employed and not under the employment of someone else? If he is not self-employed, tax information is not needed with the I-134. And even if he is self-employed, the instructions clearly state you need only to submit a copy of "the last income tax return filed".

[akim oda 0]

I am assuming he is self-employed and not under the employment of someone else? If he is not self-employed, tax information is not needed with the I-134. And even if he is self-employed, the instructions clearly state you need only to submit a copy of "the last income tax return filed".

Mariaeric, I was curious about what you put here, not needing the tax information for the I-134. Do you know that from your own experience, or did you read it some where? because, I see so many people talk about needing it, I thought it was required. I guess though it is better to have it then to not, right?

[MariaEric 0]

I am assuming he is self-employed and not under the employment of someone else? If he is not self-employed, tax information is not needed with the I-134. And even if he is self-employed, the instructions clearly state you need only to submit a copy of "the last income tax return filed".

Mariaeric, I was curious about what you put here, not needing the tax information for the I-134. Do you know that from your own experience, or did you read it some where? because, I see so many people talk about needing it, I thought it was required. I guess though it is better to have it then to not, right?

Yes from experience and I read the regs... it was not required if the consulate you are working with wants the I-134 instead of I-864. Its clearly stated on the I-134 instructions to submit... "as appropriate"... and the item dealing with tax returns is "if self employed". Otherwise you simply need an employment letter, and letter from bank, etc..

"""The interim rule clarified in 8 CFR 213a.5 that the regulations relating to the use of Forms I-864, I-864A, and I-865 do not apply to other situations where immigration or consular officers have permitted the use of Form I-134."""

And all references in the regs about tax returns refer to the I-86# series forms with exception of using I-134 and being self employed.

[Chris-n-Veronica 0]

I am assuming he is self-employed and not under the employment of someone else? If he is not self-employed, tax information is not needed with the I-134. And even if he is self-employed, the instructions clearly state you need only to submit a copy of "the last income tax return filed".

Mariaeric, I was curious about what you put here, not needing the tax information for the I-134. Do you know that from your own experience, or did you read it some where? because, I see so many people talk about needing it, I thought it was required. I guess though it is better to have it then to not, right?

Yes from experience and I read the regs... it was not required if the consulate you are working with wants the I-134 instead of I-864. Its clearly stated on the I-134 instructions to submit... "as appropriate"... and the item dealing with tax returns is "if self employed". Otherwise you simply need an employment letter, and letter from bank, etc..

"""The interim rule clarified in 8 CFR 213a.5 that the regulations relating to the use of Forms I-864, I-864A, and I-865 do not apply to other situations where immigration or consular officers have permitted the use of Form I-134."""

And all references in the regs about tax returns refer to the I-86# series forms with exception of using I-134 and being self employed.

It is up to each different consulate.... If they ask for it in your packet 3...be ready to have it... Remember they can ask for stuff as they see fit.. I've seen them ask for a Marriage cert.(Of not every being married) at the interview and didn't ask for it in the Packet 3

You can try to quote the law to them.... and lose... wouldn't it just be easier to just have more then enough ..and remove all doubt about being approved..

I recommend if you can get a Co-Sponser...Get One..

And what about 2006 taxes...you should be able to file soon after the 1st of Feb....this is what I have to wait for...

And plus I just read how long you have waited now... Do you want to play this Law game..and have it postponed even longer.... I know what my answer would be....

Edited January 8, 2007 by Chris-n-Veronica

[MariaEric 0]

I am assuming he is self-employed and not under the employment of someone else? If he is not self-employed, tax information is not needed with the I-134. And even if he is self-employed, the instructions clearly state you need only to submit a copy of "the last income tax return filed".

Mariaeric, I was curious about what you put here, not needing the tax information for the I-134. Do you know that from your own experience, or did you read it some where? because, I see so many people talk about needing it, I thought it was required. I guess though it is better to have it then to not, right?

Yes from experience and I read the regs... it was not required if the consulate you are working with wants the I-134 instead of I-864. Its clearly stated on the I-134 instructions to submit... "as appropriate"... and the item dealing with tax returns is "if self employed". Otherwise you simply need an employment letter, and letter from bank, etc..

"""The interim rule clarified in 8 CFR 213a.5 that the regulations relating to the use of Forms I-864, I-864A, and I-865 do not apply to other situations where immigration or consular officers have permitted the use of Form I-134."""

And all references in the regs about tax returns refer to the I-86# series forms with exception of using I-134 and being self employed.

It is up to each different consulate.... If they ask for it in your packet 3...be ready to have it... Remember they can ask for stuff as they see fit.. I've seen them ask for a Marriage cert.(Of not every being married) at the interview and didn't ask for it in the Packet 3

You can try to quote the law to them.... and lose... wouldn't it just be easier to just have more then enough ..and remove all doubt about being approved..

I recommend if you can get a Co-Sponser...Get One..

And what about 2006 taxes...you should be able to file soon after the 1st of Feb....this is what I have to wait for...

And plus I just read how long you have waited now... Do you want to play this Law game..and have it postponed even longer.... I know what my answer would be....

You are the type that sure does spread alot of unneeded paranoia around.

[MariaEric 0]

Have faith in the department I work for.

[Chris-n-Veronica 0]

I am assuming he is self-employed and not under the employment of someone else? If he is not self-employed, tax information is not needed with the I-134. And even if he is self-employed, the instructions clearly state you need only to submit a copy of "the last income tax return filed".

Mariaeric, I was curious about what you put here, not needing the tax information for the I-134. Do you know that from your own experience, or did you read it some where? because, I see so many people talk about needing it, I thought it was required. I guess though it is better to have it then to not, right?

Yes from experience and I read the regs... it was not required if the consulate you are working with wants the I-134 instead of I-864. Its clearly stated on the I-134 instructions to submit... "as appropriate"... and the item dealing with tax returns is "if self employed". Otherwise you simply need an employment letter, and letter from bank, etc..

"""The interim rule clarified in 8 CFR 213a.5 that the regulations relating to the use of Forms I-864, I-864A, and I-865 do not apply to other situations where immigration or consular officers have permitted the use of Form I-134."""

And all references in the regs about tax returns refer to the I-86# series forms with exception of using I-134 and being self employed.

It is up to each different consulate.... If they ask for it in your packet 3...be ready to have it... Remember they can ask for stuff as they see fit.. I've seen them ask for a Marriage cert.(Of not every being married) at the interview and didn't ask for it in the Packet 3

You can try to quote the law to them.... and lose... wouldn't it just be easier to just have more then enough ..and remove all doubt about being approved..

I recommend if you can get a Co-Sponser...Get One..

And what about 2006 taxes...you should be able to file soon after the 1st of Feb....this is what I have to wait for...

And plus I just read how long you have waited now... Do you want to play this Law game..and have it postponed even longer.... I know what my answer would be....

You are the type that sure does spread alot of unneeded paranoia around.

Spreading parnoia ????? I'm just trying to get this person to use alittle common sense but if you perfer them to walk into the interview loaded with Law code and a piece of paper...and have a good chance at being turned away.. Go for it... What I've learned in my short life.... it's better to have your gun loaded for bear even if your only hunting Deer.. because you never know when you might walk into one...

Or to put it in another way...."Better Safe Then Sorry"

And so you recommend them to not get a Sponser ?? And do as they are doing ? I just want to clarify what you think is the right thing...to do .. Since you think I'm over -doing it "Parnoid"

[Ladylethal 12]

Maria, careful when you tell people they don't need tax returns unless they're self-employed. Indeed it says so in the instructions, and it may be true to your consulate, but other consulates require the tax returns (some even require 3 years of them) no matter what. Brazil is one of them, and I know for sure it's not the only one.

Furthermore, I read once that no matter what USCIS says, much of what goes on in the consulate level, it's to the consulate's criteria, so you'll indeed see things that seems to go against what USCIS says.

Edited January 8, 2007 by Luis&Laura

[Ladylethal 12]

DOUBLE POST: To show how some consulates especifically ask for the tax returns.

This is taken directly from Rio's Consulate Packet 3.

"You may present your own means of support or the petitioner may fill out an Affidavit of Support, form I-134. The sponsor must attach proof of his/her income such as: copy of last U.S. Federal Income Tax (form 1040), proof of current employment, job offer, pay-slip, etc."

In Rio when they say "such as" it means "DO IT". When I called them they said "Yes. It's MANDATORY to have the tax return". And there are cases of people who didn't have it with them and were told they'd need the tax return in order to approve the visa.

Edited January 8, 2007 by Luis&Laura

[kitkat1 5]

The consulate in CDJ does not use the I-134 - they only provide a list of items that can be used to prove financial support on the OF-167.

Brenda, getting the letter notarized only proves that you (or your fiance) are the person who signed it - it doesn't give any legal validity to the document.

Since he technically is not required to present tax returns, and since you are using a co-sponsor, you shouldn't run into any big problems. You may want to email the consulate and ask them to clarify for you.

And what about 2006 taxes...you should be able to file soon after the 1st of Feb....

It's true that W2s and/or 1099s must be sent to employees by Jan. 31. But that does not mean a taxpayer HAS to file before April 15 and you cannot be required to present a 2006 tax return before April 15, 2007.

[Ladylethal 12]

There you go, an answer from someone that's going through the same consulate. Can't get any better than that.

Edited January 8, 2007 by Luis&Laura

[Chris-n-Veronica 0]

The consulate in CDJ does not use the I-134 - they only provide a list of items that can be used to prove financial support on the OF-167.

Brenda, getting the letter notarized only proves that you (or your fiance) are the person who signed it - it doesn't give any legal validity to the document.

Since he technically is not required to present tax returns, and since you are using a co-sponsor, you shouldn't run into any big problems. You may want to email the consulate and ask them to clarify for you.

And what about 2006 taxes...you should be able to file soon after the 1st of Feb....

It's true that W2s and/or 1099s must be sent to employees by Jan. 31. But that does not mean a taxpayer HAS to file before April 15 and you cannot be required to present a 2006 tax return before April 15, 2007.

Excellent advise Kitkat1...!!

[collegeboard 0]

Look at the instructions for Packet 3 directly from your embassy. Here, for example, is what is written in the instructions for Ukraine:

• 7. EVIDENCE OF SUPPORT FOR FIANCE(E) VISA APPLICANTS: Any evidence from your American spouse/fiancé(e) which will show the consular officer that you and members of your family who will accompany you will not become public charges while in the United States. Documentation regarding financial support can be in any form – preferably three years of tax returns, bank statements, earning statements, letters from employers. PRESENTING ONLY THE AFFIDAVIT OF SUPPORT I-134 FORM IS NOT SUFFICIENT. The I-864 form is not required for a fiancé(e) visa.

Can't be clearer than that!

Be careful, then, about advising people to follow I-134 instructions as the embassy might specifically note that the I-134 is not sufficient.

This is not paranoia.

[New Yorker 0]

HELLO GUYS..

THANKS FOR ALL YOUR ADVICES.. KIT KAT IS ALWAYS MY HERO!

AND I HAVE A CO SPONSOR, SO I HOPE EVIDENCE FROM HER IS GONNA BE ENOUGH

HAPPY 2007

BR