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Tax returns needed with I-134?

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Filed: K-1 Visa Country: Australia
Timeline

I just now read a post where the American Embassy in London denied someone of their visa because they did not have a copy of their husband's 2006 tax returns. Now, perhaps their situation is different because they are already married, I don't know.

The instructions on the I-134 states that the tax returns are needed if you are self-employed, but I do read a lot of posts of the sponsor sending over their tax returns.

Also, on the DS-2000 (Evidence Which May Be Presented To Meet The Public Charge Provisions Of The Law), page 2, it states:

To substatiate the information regarding income and resources the sponser should attach two or more of the following items to the affidavit:

1. Notarized copies of his or her latest federal income tax return;

2. A statement from his or her employer showing salary and the length of permanency of employment;

3. A statement from the officer of a bank regarding his or her account, the date the account was opened;

4. Any other evidence adequate to establish financial ability to carry out his or her undertaking toward the applicant for what might be an indefinite period of time.

I sent over #2 and #3 along with my I-134 but did not send over copies of any tax returns.

Can anyone clear this up for me....are they really needed? I am not self employed.

Thanks!

Aug. 2001 - met online playing trivia

May 2006 - engaged

06-12-06 - Met with lawyer, filed for a K-1 visa

07-17-06 - NOA1

10-31-06 - Touched

01-29-07 - Found out from USCIS that my lawyer had filed at the wrong service center and nothing has been processed.

02-08-07 - Found out that our petition had been closed back in Oct. 2006. No one was ever notified of this from USCIS

02-09-07 - Began gathering paperwork once again to start all over. Started cancelling our wedding plans

02-20-07 - Filed for a K-1 visa once again

02-27-07 - NOA1

04-21-07 - Originally planned wedding date (had to cancel) :(

05-22-07 - Touched

06-01-07 - Granted a Congressional Inquiry!

06-15-07 - NVC received our approved I-129F petition (I never received an NOA2 via email or snail mail). We are just so HAPPY to finally move on!

06-25-07 - Packet 3 received (but it was rec'd by our lawyer, she has forwarded it on to my fiance in Australia)

06-28-07 - Fiance rec'd Packet 3

06-30-07 - Finally rec'd NOA2 via snail mail. It is dated June 25, same day as Packet 3 was rec'd.

07-05-07 - Mailed back form letter DSL-1076 (Applicant's Statement of Readiness to be Interviewed).

07-05-07 - Just waiting now in hopes of an interview date before APEC

07-13-07 - Received Packet 4

07-30-07 - Interview!!!! - APPROVED!

09-01-07 - Fiance arrives in the USA!

10-06-07 - Getting Married

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Filed: K-1 Visa Country: Russia
Timeline

My impression was always that one years tax return was required if you were an employee and three years if you were self employed. I don't quite understand the part in your post about "notarized" tax return. You can get your signature notarized on anything. They prefer the copies of tax returns that are you can get from the IRS but will usually accept a regular copy of a tax return. You should also have a copy of your w-2 for them.

If she does not have it at worst you will get a 221-G and have 60 days to submit it.

12/14/2006 Applied for K-1 with request for Waver for Multiple filings within 2 years.
Waiting - Waiting - Waiting
3/6 Called NVC file sent to Washington for "Administrative Review" Told to call back every few weeks. 7/6 Called NVC, A/R is finished, case on way to Moscow. YAHOO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
7/13 On Friday the 13th we see updated Moscow website with our interview on 9/11 (Hope we are not supersticious) 9/11 Visa Approved. Yahoo.
10/12 Tickets for her to America. I am flying to JFK to meet her there. 12/15/07 We are married. One year and a day after filling original K-1
12/27 Filed for AOS, EAD & AP 1/3 Received all three NOA-1's 1/22 Biometrics 2/27 EAD & AP received 4/12 Interview
5/19/08 RFE for physical that she should not have needed. 5/28 New physical ($ 250.00 wasted) 6/23 Green Card received
4/22/10 Filed for Removal of Contitions. 6/25 10 Year Green Card received Nov, 2014 Citizenship ceremony. Our journey is complete.

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Filed: Other Country: China
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I just now read a post where the American Embassy in London denied someone of their visa because they did not have a copy of their husband's 2006 tax returns. Now, perhaps their situation is different because they are already married, I don't know.

The instructions on the I-134 states that the tax returns are needed if you are self-employed, but I do read a lot of posts of the sponsor sending over their tax returns.

Also, on the DS-2000 (Evidence Which May Be Presented To Meet The Public Charge Provisions Of The Law), page 2, it states:

To substatiate the information regarding income and resources the sponser should attach two or more of the following items to the affidavit:

1. Notarized copies of his or her latest federal income tax return;

2. A statement from his or her employer showing salary and the length of permanency of employment;

3. A statement from the officer of a bank regarding his or her account, the date the account was opened;

4. Any other evidence adequate to establish financial ability to carry out his or her undertaking toward the applicant for what might be an indefinite period of time.

I sent over #2 and #3 along with my I-134 but did not send over copies of any tax returns.

Can anyone clear this up for me....are they really needed? I am not self employed.

Thanks!

You're probably alright without a tax return but if it is available (including the W2's and/or 1099s...or just an IRS transcript) it would be good to have it handy in case you get a CO who wants to see more.

I think the recent case you're thinking of was for a CR1 visa and it was an I-864. They showed nothing to indicate any income for the last 18 months from the best I can tell. That won't work for anybody applying for an immigrant visa.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: K-1 Visa Country: Australia
Timeline
I don't quite understand the part in your post about "notarized" tax return. You can get your signature notarized on anything.

I didn't really understand it either....I was just typing that directly from the DS-2000 that was received with his packet 3.

Aug. 2001 - met online playing trivia

May 2006 - engaged

06-12-06 - Met with lawyer, filed for a K-1 visa

07-17-06 - NOA1

10-31-06 - Touched

01-29-07 - Found out from USCIS that my lawyer had filed at the wrong service center and nothing has been processed.

02-08-07 - Found out that our petition had been closed back in Oct. 2006. No one was ever notified of this from USCIS

02-09-07 - Began gathering paperwork once again to start all over. Started cancelling our wedding plans

02-20-07 - Filed for a K-1 visa once again

02-27-07 - NOA1

04-21-07 - Originally planned wedding date (had to cancel) :(

05-22-07 - Touched

06-01-07 - Granted a Congressional Inquiry!

06-15-07 - NVC received our approved I-129F petition (I never received an NOA2 via email or snail mail). We are just so HAPPY to finally move on!

06-25-07 - Packet 3 received (but it was rec'd by our lawyer, she has forwarded it on to my fiance in Australia)

06-28-07 - Fiance rec'd Packet 3

06-30-07 - Finally rec'd NOA2 via snail mail. It is dated June 25, same day as Packet 3 was rec'd.

07-05-07 - Mailed back form letter DSL-1076 (Applicant's Statement of Readiness to be Interviewed).

07-05-07 - Just waiting now in hopes of an interview date before APEC

07-13-07 - Received Packet 4

07-30-07 - Interview!!!! - APPROVED!

09-01-07 - Fiance arrives in the USA!

10-06-07 - Getting Married

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Filed: K-1 Visa Country: Australia
Timeline
You're probably alright without a tax return but if it is available (including the W2's and/or 1099s...or just an IRS transcript) it would be good to have it handy in case you get a CO who wants to see more.

I think the recent case you're thinking of was for a CR1 visa and it was an I-864. They showed nothing to indicate any income for the last 18 months from the best I can tell. That won't work for anybody applying for an immigrant visa.

Yes, you're correct, it was for a CR1.

I think I am a little paranoid, seems anything that can go wrong, it does for us. So I am wanting to have everything as a just in case type thing. And I must have lost my brain somewhere in this process because I just filed mine and my daughters taxes in Feb. and for the life of me can't find the files. It is around here somewhere, I'm sure it will show up someplace least expected (like mixed in with a recipe book or hidden under my dog's bed...who knows)...but for now, I couldn't find them, didn't think I really needed them so I didn't send them over to my fiance with my affidavit of support. Now, I am second guessing that decision.

If I need to get a copy, do I contact the IRS for that....I'll go check out their website now and see what info I can get!

Aug. 2001 - met online playing trivia

May 2006 - engaged

06-12-06 - Met with lawyer, filed for a K-1 visa

07-17-06 - NOA1

10-31-06 - Touched

01-29-07 - Found out from USCIS that my lawyer had filed at the wrong service center and nothing has been processed.

02-08-07 - Found out that our petition had been closed back in Oct. 2006. No one was ever notified of this from USCIS

02-09-07 - Began gathering paperwork once again to start all over. Started cancelling our wedding plans

02-20-07 - Filed for a K-1 visa once again

02-27-07 - NOA1

04-21-07 - Originally planned wedding date (had to cancel) :(

05-22-07 - Touched

06-01-07 - Granted a Congressional Inquiry!

06-15-07 - NVC received our approved I-129F petition (I never received an NOA2 via email or snail mail). We are just so HAPPY to finally move on!

06-25-07 - Packet 3 received (but it was rec'd by our lawyer, she has forwarded it on to my fiance in Australia)

06-28-07 - Fiance rec'd Packet 3

06-30-07 - Finally rec'd NOA2 via snail mail. It is dated June 25, same day as Packet 3 was rec'd.

07-05-07 - Mailed back form letter DSL-1076 (Applicant's Statement of Readiness to be Interviewed).

07-05-07 - Just waiting now in hopes of an interview date before APEC

07-13-07 - Received Packet 4

07-30-07 - Interview!!!! - APPROVED!

09-01-07 - Fiance arrives in the USA!

10-06-07 - Getting Married

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Filed: K-3 Visa Country: Russia
Timeline
My impression was always that one years tax return was required if you were an employee and three years if you were self employed. I don't quite understand the part in your post about "notarized" tax return. You can get your signature notarized on anything. They prefer the copies of tax returns that are you can get from the IRS but will usually accept a regular copy of a tax return. You should also have a copy of your w-2 for them.

If she does not have it at worst you will get a 221-G and have 60 days to submit it.

When we did our K1 two years ago, our attorney required that I provide three years of tax returns. He said it was much safer that way in Moscow. There was a minor defect in my return 3 years back -- an error in copying where a page wasn't perfect. He had me get a transcript of my return for that year.

She got her visa just fine. Especially after all you've been through, Turboguy, why not just pony up three years of returns?

5-15-2002 Met, by chance, while I traveled on business

3-15-2005 I-129F
9-18-2005 Visa in hand
11-23-2005 She arrives in USA
1-18-2006 She returns to Russia, engaged but not married

11-10-2006 We got married!

2-12-2007 I-130 sent by Express mail to NSC
2-26-2007 I-129F sent by Express mail to Chicago lock box
6-25-2007 Both NOA2s in hand; notice date 6-15-2007
9-17-2007 K3 visa in hand
11-12-2007 POE Atlanta

8-14-2008 AOS packet sent
9-13-2008 biometrics
1-30-2009 AOS interview
2-12-2009 10-yr Green Card arrives in mail

2-11-2014 US Citizenship ceremony

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Filed: Other Country: China
Timeline
You're probably alright without a tax return but if it is available (including the W2's and/or 1099s...or just an IRS transcript) it would be good to have it handy in case you get a CO who wants to see more.

I think the recent case you're thinking of was for a CR1 visa and it was an I-864. They showed nothing to indicate any income for the last 18 months from the best I can tell. That won't work for anybody applying for an immigrant visa.

Yes, you're correct, it was for a CR1.

I think I am a little paranoid, seems anything that can go wrong, it does for us. So I am wanting to have everything as a just in case type thing. And I must have lost my brain somewhere in this process because I just filed mine and my daughters taxes in Feb. and for the life of me can't find the files. It is around here somewhere, I'm sure it will show up someplace least expected (like mixed in with a recipe book or hidden under my dog's bed...who knows)...but for now, I couldn't find them, didn't think I really needed them so I didn't send them over to my fiance with my affidavit of support. Now, I am second guessing that decision.

If I need to get a copy, do I contact the IRS for that....I'll go check out their website now and see what info I can get!

For this purpose, the tax transcript is actually preferred. Just google "IRS transcripts" and you'll see the link. They're free. Copies of tax returns cost money. While you're at it, I would just go ahead and get the last three years and have them availble for the interview.

For my wife's K3 interview, I just had all the financial documents clipped together. When they asked for any of it, they got it all, in the order I wanted them to see it.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: K-1 Visa Country: Australia
Timeline

Thanks for the info! I have looked it up and have the phone number to give them a call first thing Monday morning. It only takes 2 weeks to get them. I will just have a bit more peace of mind having this in hand and faxing it over to my fiance for his interview.

Aug. 2001 - met online playing trivia

May 2006 - engaged

06-12-06 - Met with lawyer, filed for a K-1 visa

07-17-06 - NOA1

10-31-06 - Touched

01-29-07 - Found out from USCIS that my lawyer had filed at the wrong service center and nothing has been processed.

02-08-07 - Found out that our petition had been closed back in Oct. 2006. No one was ever notified of this from USCIS

02-09-07 - Began gathering paperwork once again to start all over. Started cancelling our wedding plans

02-20-07 - Filed for a K-1 visa once again

02-27-07 - NOA1

04-21-07 - Originally planned wedding date (had to cancel) :(

05-22-07 - Touched

06-01-07 - Granted a Congressional Inquiry!

06-15-07 - NVC received our approved I-129F petition (I never received an NOA2 via email or snail mail). We are just so HAPPY to finally move on!

06-25-07 - Packet 3 received (but it was rec'd by our lawyer, she has forwarded it on to my fiance in Australia)

06-28-07 - Fiance rec'd Packet 3

06-30-07 - Finally rec'd NOA2 via snail mail. It is dated June 25, same day as Packet 3 was rec'd.

07-05-07 - Mailed back form letter DSL-1076 (Applicant's Statement of Readiness to be Interviewed).

07-05-07 - Just waiting now in hopes of an interview date before APEC

07-13-07 - Received Packet 4

07-30-07 - Interview!!!! - APPROVED!

09-01-07 - Fiance arrives in the USA!

10-06-07 - Getting Married

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Filed: Other Country: China
Timeline
Research the information for the Australian consulate, not London. See what their requirements are for Affidavit of Support for a non-immigrant visa.

It gets a bit confusing, I know, but you would probably want to know the requirements specifically for the K1 visa, which is technically a non-immigrant visa but processed by the Immigrant Visa Unit of the Consulate.

Or, just provide the supporting documentation needed for an immigrant visa, to be certain it is sufficient.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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