What if I have No Tax Returns

[Cosmic Mind 0]

Hello,

What if I haven't paid taxes and I don't have tax returns? It is possible to have a co-sponsor show their tax returns? Or, are my tax returns mandatory for the K1 Visa? I am self emplyed, have a bank account and the income is a bit above the poverty requirements. Thank you for your help.

--Cosmic Mind--

[Hell0W0rld 10]

you don't need tax return, as long as you have a co-sponsor. but you still have to fill out the I-134. also if you don't fill out your timeline then you will just get general answers...

[Furious Biscuit 0]

you don't need tax return, as long as you have a co-sponsor. but you still have to fill out the I-134. also if you don't fill out your timeline then you will just get general answers...

You NEED tax returns even if you're over the poverty line??

[rebeccajo 14]

Why wouldn't you have tax returns? Self employed individuals are still required to file.

[tallcoolone 102]

I would think Tax Returns would be required part of K1.

Why would someone who doesn't file taxes, have the right to petition someone?

[payxibka 10,047]

moving to consulate forum where it is suggested to post all I-134 affidavit topics

[Gary and Alla 3,694]

I would think Tax Returns would be required part of K1.

Why would someone who doesn't file taxes, have the right to petition someone?

Tax returns are definitely required of the petitioner even if they have a co-sponsor.

If you have a co-sponsor YOU will still have to file an I-134 and tax returns OR an explaination of why you didn't file and if your income is more than 125% of poverty level you NEED to be filing a return with a schedule C for self employment minimum. If you have a "cash job" and have been skating by without returns (paying taxes) for the last few years, now you have bigger problems than a visa interview and NOT with the USCIS. Remember you will do this TWICE, once again for the AOS when she arrives and you are married and for that one you will need to give THREE years tax returns if you are self employed. NO...you cannot just have a co-sponsor "show their returns"

[K1researcher 0]

I would think Tax Returns would be required part of K1.

Why would someone who doesn't file taxes, have the right to petition someone?

w-2 shows that you paid taxes .... tax returns might show other information you really don't want other parties being privy to. I have a very robust tax return and try my best to never give it out. For my property purchases i only provide them the first page no matter what.

just giving some insight ;-)

[payxibka 10,047]

w-2 shows that you paid taxes .... tax returns might show other information you really don't want other parties being privy to. I have a very robust tax return and try my best to never give it out. For my property purchases i only provide them the first page no matter what.

just giving some insight ;-)

W-2 show that you had earned income and had taxes withheld.... nothing more... nothing less... it is not an indication of your overall tax liability or whether you have appropriately paid your tax liability.

For the OP. Here is the exact wording from the Information packet for Kyiv. A tax return is not required but preferred. Having had my wife go through Kyiv I have found the preferred, for the most part, pretty much means required. YMMV.

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 one year of tax returns, W-2s, bank statements, earning statements, letters from employers. PRESENTING ONLY THE AFFIDAVIT OF SUPPORT I-134 FORM IS NOT SUFFICIENT.

http://kyiv.usembassy.gov/visa_K1K2_eng.html

Edited January 21, 2009 by payxibka

[Cosmic Mind 0]

Hey guys, thank you for all your input. I was talking about on paper. The truth is another story. I live my life credit free, all my investments and bank accounts are offshore.

Well, I'm sure I will get some hate mail for this, but I am not a US tax payer. There are a percentage of people who believe it is illegal since it's inception. And, I'm not here to argue about our corrupt government or income taxes, period. I don't want my thread to become some political debate about the legitamacy of it. If you want, you can PM me and we can talk about it separately. I have traveled and have lived most of my adult life as an expatriate and even would be content to live my life with my fiance in another country. I have lived with her in her country and experienced her language and culture, so it would be nice for her to share my American culture as well. Besides, I want her to meet my daughter.

I see contradictory answers now, some say I would be fine with a co-sponsor, others are saying I need tax returns no matter what. What's a co-sponsor for if my tax returns are still required??? Does anybody have any official solid answers or suggestions? Or creative ideas? Would it even help to pay 3 years late taxes? It's hard to believe that tax returns are the only way to prove one's self-employed income. Is it the same requirements with other visa's as well? Thank you for your productive answers. For hate mail, just PM me.

--Cosmic Mind--

[payxibka 10,047]

For a "K" visa, the financial information is reviewed at the consulate.... each consulate has there own process, interpretations and requirement... the only place that can give you the exact answer you want is the consulate itself...

if you want... kyiviv@state.gov

pose your question to them

[lucyrich 20]

Hey guys, thank you for all your input. I was talking about on paper. The truth is another story. I live my life credit free, all my investments and bank accounts are offshore.

I see contradictory answers now, some say I would be fine with a co-sponsor, others are saying I need tax returns no matter what. What's a co-sponsor for if my tax returns are still required??? Does anybody have any official solid answers or suggestions? Or creative ideas? Would it even help to pay 3 years late taxes? It's hard to believe that tax returns are the only way to prove one's self-employed income. Is it the same requirements with other visa's as well? Thank you for your productive answers. For hate mail, just PM me.

--Cosmic Mind--

It's not a matter of needing them to prove your income. You've got to have tax returns to prove you've paid your US income taxes.

Again, without getting into the bigger debate as to whether taxes are justified or proper, the practical fact is that if you don't file tax returns, the USCIS won't let you sponsor an alien for immigration.

The only way you're exempt from showing your US tax returns is if you were not required to file them under US law. If that's the case, you're required to attach a letter that says why you were not required to file. The only acceptable reason I know of for a US Citizen to not file is if his/her income is too small. The threshold for filing is very small. The US wants a US Citizen to report all your worldwide income from all sources, even if the income is sheltered and not subject to US tax. If your total worldwide income is less than the amount that would require a US Tax return, then you are making far below the poverty guidelines and you would need a joint sponsor, who would have to furnish his/her tax returns.

[rebeccajo 14]

A couple of points for the edification of those reading:

US Citizens are always liable for tax to the US Government, no matter if that income is earned on foreign soil. It's just an unfortunate birthright . An important point to consider whenever you and your beloved speak of moving to their country. You're certainly free to do that, but the IRS will still be looking for your tax return each year.

Secondly, there are consulates out there which don't require a tax return as part of the financial proof of support. But there is no way to adjust that immigrant's status once they arrive in the US without the tax return of the sponsor (unless of course that income is non-taxable as explained above). The I864 affidavit of support which is a required as a part of the I485 adjustment of status application asks for the sponsor's tax return as proof of income.

[lucyrich 20]

Secondly, there are consulates out there which don't require a tax return as part of the financial proof of support. But there is no way to adjust that immigrant's status once they arrive in the US without the tax return of the sponsor (unless of course that income is non-taxable as explained above). The I864 affidavit of support which is a required as a part of the I485 adjustment of status application asks for the sponsor's tax return as proof of income.

Yep, to reinforce this point, here's the relevant quote from the I-864 form itself:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See"Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

[Cosmic Mind 0]

Secondly, there are consulates out there which don't require a tax return as part of the financial proof of support. But there is no way to adjust that immigrant's status once they arrive in the US without the tax return of the sponsor (unless of course that income is non-taxable as explained above). The I864 affidavit of support which is a required as a part of the I485 adjustment of status application asks for the sponsor's tax return as proof of income.

Yep, to reinforce this point, here's the relevant quote from the I-864 form itself:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See"Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

Okay, so IF my income was non-taxable OR if i was unemployed for the past 3 years (and yes, there are plausible reasons), and I want to bring my fiance to America with a K1, I would simply have a co-sponsor (with their tax returns) and also attach the written explanation of why I myself didn't include the tax return(s), and everything should be okay. Right? And so my next question would be, does not having any income and using a co-sponsor lower the chances of approval?

Thanks again for all your input.

--Cosmic Mind--