question about form i 864 affidavit of support

[master 0]

Here is my situation. I came to poland to meet me girl. Im here, and we decided we want to get married.

My concern is about the affidavit of support. I have been unemployed for a little over a year now, and before that i had never filed any tax returns when i was working.

Its no problem to get a cosponsor who can easily prove income to support us three.

Will my application for her visa be approved if I am unemployed but have a cosponsor who has enough income? On form i-864 it says i need to pick 2 of the 4 options. The only thing I can do is show bank deposits, which are small, but i am currently out of the country so i dont know how i could get these.

Any help is appreciated.

[~Laura and Nick~ 5]

I've read of some cases that have difficulty when the U.S. citizen has no income, even with a co-sponsor.

Yes, you have a co-sponsor but do you have any job opportunities on the horizon? Even something part time is better than nothing.

Perhaps it wouldn't be a bad idea to go back to the States closer to the interview and get employed, just for future sake. That's what I would be doing.

Someone else may have a better suggestion.

Best of luck to you!!!

Edited January 24, 2008 by ~Laura and Nick~

[YuAndDan 153]

Here is my situation. I came to poland to meet me girl. Im here, and we decided we want to get married.

My concern is about the affidavit of support. I have been unemployed for a little over a year now, and before that i had never filed any tax returns when i was working.

Its no problem to get a cosponsor who can easily prove income to support us three.

Will my application for her visa be approved if I am unemployed but have a cosponsor who has enough income? On form i-864 it says i need to pick 2 of the 4 options. The only thing I can do is show bank deposits, which are small, but i am currently out of the country so i dont know how i could get these.

Any help is appreciated.

Firstly, You dont provide income support info when you file the I-129F petition to USCIS, you will provide this much later when your fiancee interviews for the K-1 visa. (I am assuming K-1 fiancee since that is the forum you posted this to)

Secondly, You wont be using I-864 for the K-1 visa, I-864 is the GREEN-CARD Affidavit of support. K-Visas use I-134. Later when the K-1 adjusts status in the USA you must provide I-864 to get the green-card.

[rebeccajo 14]

And you must have tax returns to file the I864 at adjustment.

Even if you have a co-sponsor.

You have NEVER filed a tax return?

[master 0]

Thanks for the reply. Thats correct, i havent filed a tax return, im 20 years old now. Im sure i could do it for the past years, but for the most recent year it will show 0 income, so would that be a problem during the k1 interview and then again later for the i864 aos? It could be possible for me to get a job when we would get to the states. Would that give enough time to work and file a tax return before i need to file the i864?

At this point i am in poland and theres no way for me to have a job here, i just have enough money to live off saved.

Edited January 24, 2008 by master

[YuAndDan 153]

Thanks for the reply. Thats correct, i havent filed a tax return, im 20 years old now. Im sure i could do it for the past years, but for the most recent year it will show 0 income, so would that be a problem during the k1 interview and then again later for the i864 aos? It could be possible for me to get a job when we would get to the states. Would that give enough time to work and file a tax return before i need to file the i864?

At this point i am in poland and theres no way for me to have a job here, i just have enough money to live off saved.

You will need to provide a letter stating how you were exempt from filing taxes, (Claimed on parent's return, income level was below that needing reporting, etc..) You will note the IRS rules about this.

[master 0]

Update. I was able to gather all the documents for income i made over the last year self employed. It comes to about $8000.

So, I am going to file my taxes as self employed with this income.

Is it very likely that the interview officer will approve the visa with this amount of income along with a co-sponsor who makes $40,000 per year?

Thanks again

[master 0]

Forgot to ask...If i file my tax return now, will i receive it back before its time to show this at the interview?

If im right, the first time i will need to show this is the interview.

[BigCityDave 0]

Forgot to ask...If i file my tax return now, will i receive it back before its time to show this at the interview?

If im right, the first time i will need to show this is the interview.

Have you filed the k1 petition yet? This should be your main concern for right now. Once you have set the off then worry about filing taxes. You will have a good amount of time to work things out.

[master 0]

Forgot to ask...If i file my tax return now, will i receive it back before its time to show this at the interview?

If im right, the first time i will need to show this is the interview.

Have you filed the k1 petition yet? This should be your main concern for right now. Once you have set the off then worry about filing taxes. You will have a good amount of time to work things out.

Im going to send it this week, but my main concern is that it will get approved so we dont waste 1000$ in app fees because i did something wrong.

Is $8000 going to be enough income if im self employed, and have a cosponsor who makes 40k. And will i receive my tax returns before interview date if i start the k1 process this week.

Thanks guys

[shuer 0]

You wont get the tax return back I think..You neednt to file it when you petition..just use it in interview..

[master 0]

You wont get the tax return back I think..You neednt to file it when you petition..just use it in interview..

Why would i not get my tax return back? I know i dont need for petition, i am asking if ill likely receive it before my interview or not.

Please someone that has reliable info, let me hear your opinion about this financial deal and tax return deal.

[malego77 2]

You wont get the tax return back I think..You neednt to file it when you petition..just use it in interview..

Why would i not get my tax return back? I know i dont need for petition, i am asking if ill likely receive it before my interview or not.

Please someone that has reliable info, let me hear your opinion about this financial deal and tax return deal.

I'm gonna tell you about our K1 experience. My boyfriend never has filed income tax, We used a co-sponsor for my K1 visa and my boyfriend (now my husband) sent an employment letter ("self-employed") and the co-sponsor sign the I-134 we had not problem with K1 visa approval. So, I think that your income tax isn't necessary at this point because you're using a co-sponsor right? When you'll send the AOS is when you must show your income aside you have and co-sponsor. I don't know anything about tax return but I wanted to share you our experience to help you (I think) make a better choice. Good luck.

Edited February 10, 2008 by malego77

[master 0]

Just wanted to say thanks for responding and ask a follow up question.

Your husband never filed his taxes previously, ever?

Also You said your husband sent an " employment letter ("self-employed") "

Could you explain what exactly this means. What kind of letter did he need to submit. I would like to get an idea what i need to write in this letter. Also When he filled out the i134 - did he have to show his bank account signed by a bank officer showing a last years deposits (thats what the form asks for)

The form also asks about Report of Commercial Rating Concern, was this even needed.

Thanks for your time, i know its a bunch of questions.

Edited February 10, 2008 by master

[master 0]

Forgot to ask this. What are you guys doing for the AOS to prove his income since he has never filed taxes?