interview date and a question

[aoifee 0]

Guys - i love this forum and i love you all for being such a great source of information, help and support over the many months this whole process has taken and will take (AOS etc)

I am ecstatically happy things are moving forward again - I finally got an interview date for 15th JUNE at 8am. (Fiance lost his job last Sept which held the process up by 6 WHOLE MONTHS!!!) After such a long wait I am suddenly in a total panic.

A quick question I hope you can help with. Slightly off topic - apologies.

The Affidavit of Support requires two documents of support. Everyone on this thread seems to be referring to the tax return. Is that essential? I am using payslips and letter from employer.... Sudden freak out on my part. I'm sure you all understand. Fingers crossed I'm okay with what I have.

Best of luck with upcoming interviews and look forward to seeing lots more red stars.

Aoife

Meant to post this in the UK interview thread. Can't figure out how to move it. Sorry!!

Edited May 22, 2009 by aoifee

[MonkeyJuice 3]

I don't think it HAS to be a tax return. When I went for my interview the guy asked me for the I-134 & then once he checked it he asked for any 'supporting evidence'. I had a tax return, W2's & 1099's, employment letters & 12 months bank statements (but my fiance is self employed)

So maybe this doesn't have to be a tax return. It's not stated within the rules that you need this but I think it's become a standard requirement that it is presented at interview.

Maybe someone else can help that didn't need to provide a tax return at interview?

Good luck

I don't think it HAS to be a tax return. When I went for my interview the guy asked me for the I-134 & then once he checked it he asked for any 'supporting evidence'. I had a tax return, W2's & 1099's, employment letters & 12 months bank statements (but my fiance is self employed)

So maybe this doesn't have to be a tax return. It's not stated within the rules that you need this but I think it's become a standard requirement that it is presented at interview.

Maybe someone else can help that didn't need to provide a tax return at interview?

Good luck

forgot to say...maybe if he's been unemployed, he will need a co-sponsor

[aoifee 0]

forgot to say...maybe if he's been unemployed, he will need a co-sponsor

Really?

My fiance was born in the US but lived in Ireland and England since a few months old. He just moved back to America last year. Since then he worked a 3 month contract during the 2008 tax year and he has been employed since April this year. I understood from the various forums and USCIS literature that subject to the primary sponsor having employment at 125% poverty line and two of the listed supporting documents we would be okay. Am I wrong???? We don't have a co-sponsor option.

[Boiler 45,982]

He would have his US taxes filed by now for last year.

It is tow seperate issues, firstly that your curent income is sufficient, secondly that you have paid your taxes. It used to be 3 years taxes, but I believe they reduced it to one.

As a K1 you also have the option of self sponsorship, which is what I did.

[MonkeyJuice 3]

forgot to say...maybe if he's been unemployed, he will need a co-sponsor

Really?

My fiance was born in the US but lived in Ireland and England since a few months old. He just moved back to America last year. Since then he worked a 3 month contract during the 2008 tax year and he has been employed since April this year. I understood from the various forums and USCIS literature that subject to the primary sponsor having employment at 125% poverty line and two of the listed supporting documents we would be okay. Am I wrong???? We don't have a co-sponsor option.

Sorry, I didn't mean to scare you. If he's now earning at 125% poverty line then he will be ok. They asked me for 2 types of supporting evidence. So he could provide last 3 pay stubbs & an employment letter.

It will depend on the officer if they actually ask for a tax return. Some people are asked for it & others aren't. That's why it's just safe to take one just in case. ( & I only needed one return not 3)

[Nich-Nick 3,354]

The basics of the supporting documents is to give the IO a sense that your fiance can support you. Two items is generally enough. If he's not convinced, he can ask for more documents or a co-sponsor. It's a subjective thing if you read memos and adjudicators manuals. So provide as much positive evidence as you can. With only working since April (that's last month) it might not convince the IO that he has a stable job history. However, it he writes a statement that he didn't live in the US until <date> and a little explanation about his job history and salary that might help. He can explain the contract but now he has found permanent employment, etc. If he didn't file taxes for 2008, because of low income, then he needs to explain why he didn't file. If he filed and the income was low, then he could explain his taxes and W2 only reflect 3 months work and not an entire year. He should probably scan every paycheck up to the last minute and email to you for the interview. They only need photocopies. His employer letter should state that the work is full time and permanent (if it is.)

So just sit back and think how you can paint the prettiest picture with what you have. It will probably be fine.

[aoifee 0]

Does anyone know someone who was actually refused at London Embassy because of I-134 and insufficient proof of earnings?

Generally speaking, do you think this could be make or break for us or do you think we'll be okay.

Should I speak to a solicitor and get a professional opinion?

I'm totally freaking out here. I have the interview on 15th June and being very aware of how expensive flights are getting I went ahead and booked mine for 26 June (perhaps a little too optimistic on my part)

[Rob&Dawn 1]

Does anyone know someone who was actually refused at London Embassy because of I-134 and insufficient proof of earnings?

Generally speaking, do you think this could be make or break for us or do you think we'll be okay.

Should I speak to a solicitor and get a professional opinion?

I'm totally freaking out here. I have the interview on 15th June and being very aware of how expensive flights are getting I went ahead and booked mine for 26 June (perhaps a little too optimistic on my part)

If the interviewing officer feels that your fiance doesn't make enough to support you then you will have to get a co-sponsor.

If this happens it does not mean you are denied, just your visa approval is pending while you get together the paperwork they require.

Are your plane tickets transferable to another date? Sometimes airlines charge a smallish fee to amend the travel dates. Always best to explore your options.

[MonkeyJuice 3]

Does anyone know someone who was actually refused at London Embassy because of I-134 and insufficient proof of earnings?

Generally speaking, do you think this could be make or break for us or do you think we'll be okay.

Should I speak to a solicitor and get a professional opinion?

I'm totally freaking out here. I have the interview on 15th June and being very aware of how expensive flights are getting I went ahead and booked mine for 26 June (perhaps a little too optimistic on my part)

Rob & Dawn are right. You won't be refused or denied but you may be asked for additional information (more proof). When you get this info together you call the embassy courier & they will come to collect it.

[Boiler 45,982]

To directly answer your question, yes.

As others have said if you do not have the documentation they will give you the opportunity to supply it.

Why not self sponsor?

[Rob&Dawn 1]

To directly answer your question, yes.

As others have said if you do not have the documentation they will give you the opportunity to supply it.

Why not self sponsor?

I asked about self sponsor when i had my interview in London (although i had a co-sponsor just in case) and they said no they did not allow K1's to self sponsor.

[rebeccajo 14]

Boiler is using the term 'self sponsor' which (I believe) is internet lingo. I'm not certain a consular officer would connect the term to a procedure.

Anecdotally and in the past, the London consulate would permit affidavits from the alien showing wads-o-cash rather than asking for an affidavit from a US citizen. It didn't even have to be very much money. There were reports of self-sponsorship with as little as 2000 GBP. They were also known to have signed off on affidavits where the USC did not met the criteria for sponsorship but the alien could (again) show cash assets to supplement.

I do not know what their current stance is. Do we have any recent evidence of 'self-sponsorship' by the UK beneficiary?

Edited May 24, 2009 by rebeccajo

[aoifee 0]

To directly answer your question, yes.

As others have said if you do not have the documentation they will give you the opportunity to supply it.

Why not self sponsor?

I understood I needed loads of money to self sponsor (which sadly I just don't have). Had I been aware of the self sponsorship option a few months ago it wouldn't have been much of a problem but I was unemployed for a few months at the start of this year (as was my fiance) so we burned through the nest egg.

Do you know how much money I would need? Am I right in thinking that if I did self sponsor I would not need to complete any forms - just prove I have sufficient money?

[Boiler 45,982]

Ask the Consulate

It was only a few grand