Affidavit of Support Question

[Wyld Blu 35]

Hi all. Seen this question asked awhile back, but can't find it now...or the answer! Our file is on it's merry little way to the consulate in Amsterdam (yay!). I know I will get the AOS paperwork soon. I was married until October 2008, and we filed jointly on our last tax return. How will this work for the AOS? Will I need that at all, or just my pay stubs and perhaps an employer letter?

-Blu-(Thanks in advance!)

[Gary and Alla 3,694]

Hi all. Seen this question asked awhile back, but can't find it now...or the answer! Our file is on it's merry little way to the consulate in Amsterdam (yay!). I know I will get the AOS paperwork soon. I was married until October 2008, and we filed jointly on our last tax return. How will this work for the AOS? Will I need that at all, or just my pay stubs and perhaps an employer letter?

-Blu-(Thanks in advance!)

I think it gets asked every day.

Well, you cheated on your taxes. You were not married on December 31, 2008 and should not have filed jointly, but I am not a tax collector and neither is the consulate in Amsterdam. All tax filing status and dependents are determined by the situation on the last day of the year. If a baby is born on December 31, you get to deduct the baby as a dependent for the whole year. Likewise if you are single on December 31, you must file "single". As long as you were divorced BEFORE you filed the petition, there is no disqualifying foul. It is what it is. You should be prepared to answer the question (I do not know if you are the petitioner or beneficiary, not clear) but the question will probably be asked at the consulate if you (or your fiancee) knew you were married when you began the relationship. Just answer directly and honestly.

And you will not be receiving any "AOS" documents, you need to download and do those yourself, nothing is automatic or done for you. The tax situation will be the same for the AOS. Be sure your w-2s are attached so they can decipher which income is yours.

You will definitely need the tax return for the AOS and most consulates require it for the visa interview also.

[Wyld Blu 35]

Hi all. Seen this question asked awhile back, but can't find it now...or the answer! Our file is on it's merry little way to the consulate in Amsterdam (yay!). I know I will get the AOS paperwork soon. I was married until October 2008, and we filed jointly on our last tax return. How will this work for the AOS? Will I need that at all, or just my pay stubs and perhaps an employer letter?

-Blu-(Thanks in advance!)

I think it gets asked every day.

Well, you cheated on your taxes. You were not married on December 31, 2008 and should not have filed jointly, but I am not a tax collector and neither is the consulate in Amsterdam. All tax filing status and dependents are determined by the situation on the last day of the year. If a baby is born on December 31, you get to deduct the baby as a dependent for the whole year. Likewise if you are single on December 31, you must file "single". As long as you were divorced BEFORE you filed the petition, there is no disqualifying foul. It is what it is. You should be prepared to answer the question (I do not know if you are the petitioner or beneficiary, not clear) but the question will probably be asked at the consulate if you (or your fiancee) knew you were married when you began the relationship. Just answer directly and honestly.

And you will not be receiving any "AOS" documents, you need to download and do those yourself, nothing is automatic or done for you. The tax situation will be the same for the AOS. Be sure your w-2s are attached so they can decipher which income is yours.

You will definitely need the tax return for the AOS and most consulates require it for the visa interview also.

TY. Our taxes are a bit complicated and done on the long form, so we had professional, certified tax accountants prepare them for us. They are the ones who told us to do them jointly since most of the year we were married, and still shared a joint account by the end of the year. I don't think we cheated...at least, I HOPE not! And yes, I was divorced in October 2008 and we didn't file the paperwork with the USCIS until March 2009. BTW, I am the petitioner.

In the packet the embassy will send us, there will be a list of forms I will need to download then?

Thanks!

-Blu-(Sometimes I get lost in all the paperwork!)

[Anh map 2,098]

You must first secure the visa for your fiance, have hime enter the US, and then marry before you can file for the AOS. So you've got some time.

The packet that the embassy will send you pertains to the K1 visa for your fiance.

When you reach the AOS point you must source the documents yourself. Just download the files mentioned in the AOS guide here on VJ and you will be fine. At that point you may well be in 2010 and have a 2009 return to submit for the I-864 affidavit of support. Get IRS transcripts for 08 and 07. They are free to get and contain many fewer pages than copying the entire return.

[Gary and Alla 3,694]

Hi all. Seen this question asked awhile back, but can't find it now...or the answer! Our file is on it's merry little way to the consulate in Amsterdam (yay!). I know I will get the AOS paperwork soon. I was married until October 2008, and we filed jointly on our last tax return. How will this work for the AOS? Will I need that at all, or just my pay stubs and perhaps an employer letter?

-Blu-(Thanks in advance!)

I think it gets asked every day.

Well, you cheated on your taxes. You were not married on December 31, 2008 and should not have filed jointly, but I am not a tax collector and neither is the consulate in Amsterdam. All tax filing status and dependents are determined by the situation on the last day of the year. If a baby is born on December 31, you get to deduct the baby as a dependent for the whole year. Likewise if you are single on December 31, you must file "single". As long as you were divorced BEFORE you filed the petition, there is no disqualifying foul. It is what it is. You should be prepared to answer the question (I do not know if you are the petitioner or beneficiary, not clear) but the question will probably be asked at the consulate if you (or your fiancee) knew you were married when you began the relationship. Just answer directly and honestly.

And you will not be receiving any "AOS" documents, you need to download and do those yourself, nothing is automatic or done for you. The tax situation will be the same for the AOS. Be sure your w-2s are attached so they can decipher which income is yours.

You will definitely need the tax return for the AOS and most consulates require it for the visa interview also.

TY. Our taxes are a bit complicated and done on the long form, so we had professional, certified tax accountants prepare them for us. They are the ones who told us to do them jointly since most of the year we were married, and still shared a joint account by the end of the year. I don't think we cheated...at least, I HOPE not! And yes, I was divorced in October 2008 and we didn't file the paperwork with the USCIS until March 2009. BTW, I am the petitioner.

In the packet the embassy will send us, there will be a list of forms I will need to download then?

Thanks!

-Blu-(Sometimes I get lost in all the paperwork!)

Well your professional accountants cheated then. How you lived "most of the year" means absolutely nothing. I PROMISE you. Had you had a wedding on December 31, 2008, you would have filed "married filing jointly" even though you were only married ONE day. What they suggested is what they believed you could get away with, not what is legal. If you happen to be audited for that year, you will find out.

If you have the nerve...call the accountants and ask them three questions...

1. If I had been single all of 2008 and got married on December 31, 2008 at 11:59pm, what would be my filing status for 2008?

2. If I had a baby born on December 31, 2008 at 11:59pm, would I claim the child exemption for the entire year?

3. Why then did you file our taxes as "married joint" when we were divorced in October, 2008

then ask....

3. Do you pay penalties for audits? (some offer this warranty, but they usually don't recommend incorrect things)

OK, the packet you get from the embassy WILL have the forms, BUT is is not the "AOS" packet. It is the visa application packet and it will be sent to the foreign beneficiary. All the forms and instructions are available at the consulate website for download. You do not need to wait for anything to be delivered. You will do the AOS after you are married, and they do not send a packet

[Wyld Blu 35]

Ok...I am still confused...so please bear with me.

My fiance (from Holland) just received packet 3. In it, it has an affidavit of support form. From what I understand here, I don't need to fill it out until after he is here and we are married? Then why did they include it? I am so confused.

I don't know what to do about my joint tax returns still, and now have another question in regards to the 125% over poverty level. The charts talk about how many people are in your household. Well, there are 6 people living on my ranch. My ex-husband, my two adult sons and one of my son's best friends. We all work and support ourselves. They are all saving to move out (someday soon I hope...lol) but in the meantime, my ex and I are the ones paying the bills. Please don't go into what rent my kids should be paying me. It isn't what I am asking about.

I want to know if I have to take into account everyone living here, even though we all pay our own ways for food and things. And of course my original question about my tax forms.

-Blu-(lost in the Wyld Blu Yonder)

[Gary and Alla 3,694]

Ok...I am still confused...so please bear with me.

My fiance (from Holland) just received packet 3. In it, it has an affidavit of support form. From what I understand here, I don't need to fill it out until after he is here and we are married? Then why did they include it? I am so confused.

I don't know what to do about my joint tax returns still, and now have another question in regards to the 125% over poverty level. The charts talk about how many people are in your household. Well, there are 6 people living on my ranch. My ex-husband, my two adult sons and one of my son's best friends. We all work and support ourselves. They are all saving to move out (someday soon I hope...lol) but in the meantime, my ex and I are the ones paying the bills. Please don't go into what rent my kids should be paying me. It isn't what I am asking about.

I want to know if I have to take into account everyone living here, even though we all pay our own ways for food and things. And of course my original question about my tax forms.

-Blu-(lost in the Wyld Blu Yonder)

I am not commenting on your collecting rent or not, but in fact, you have not conducted your life in the last few months in a way conducive to success in the K visa process. Filing joint tax return with ex when not entitled to, sharing living quarters with ex-husband, unaware you need to file an affidavot for the interview... all signs of ill preparedness. Sorry, but success or failure in this process is YOUR responsibility. So I will advise as I can.

You need to submit an affidavit of support for his interview in addition to the affidavit submitted for AOS after he arrives and you are married. You do not need the form they sent your fiance, you can download your own. You need form I-134 This needs to be completed, supporting documents attached and send it to your fiance to present at his interview. Or send it with the documents you send to the consulate, however they work it at the Amsterdam consulate.

There is nothing you can do about your tax return unless you want to file a new one (1040x amended return) and pay the higher taxes of a single person (your ex-husband would also have to file an amended return and pay more).

If everyone in your household is over 18, has their own job and is NOT claimed as a dependent on your prior year tax (OH NO! Don't tell me your accountants told you to claim them as dependents!!!!) The your family size is TWO. You and your fiancee. Anyone claimed on last years taxes as your dependent must also be included in your family size UNLESS you can document what changes have taken place that they are no longer a dependent. Example...child becomes 18 years old after the taxes were filed, and moves from the house to their own home.

You will attach your 2008 joint return to the I-134. You will need to, you have no other choice unless you do an amended return really quickly. Bear in my mind, only YOUR income counts toward the guidelines and family size and you must attach something (w-2, 1099, or schedule C) which deliniates YOUR income from your ex-husband. You just also state your current income and have documentation of that. I won't say anything about rent, but IF you collected rent from children it would count as your income, provided it was documented (lease, copies of checks and bank deposits)

I think the situation of your ex living there also may raise a few questions. They will most likely (but maybe not) ask where your ex-husband lives. I am going by the experience of several recent cases I am aware of in Kiev where the petitioner presented a joint return for the previous year. Of course they ask why. Most people say it was because the petitioner was not legally divorced until after January 1. Your fiance can't say that. I am not sure what he will answer. I can't think of anything that isn't incriminating or suspicious sounding. They then usually ask where the ex lives now. That whole topic has been covered here before when another poster reported getting her visa denied becuse they thought her ex lived with her but actually it was a different apartment in the same building. You can hope the consulate is as open minded as you about the subject. Maybe they will think it is wonderful you still live with your ex-husband.

Your will file ANOTHER afficavit of support after you are married for the AOS.

[Wyld Blu 35]

Ok...I am still confused...so please bear with me.

My fiance (from Holland) just received packet 3. In it, it has an affidavit of support form. From what I understand here, I don't need to fill it out until after he is here and we are married? Then why did they include it? I am so confused.

I don't know what to do about my joint tax returns still, and now have another question in regards to the 125% over poverty level. The charts talk about how many people are in your household. Well, there are 6 people living on my ranch. My ex-husband, my two adult sons and one of my son's best friends. We all work and support ourselves. They are all saving to move out (someday soon I hope...lol) but in the meantime, my ex and I are the ones paying the bills. Please don't go into what rent my kids should be paying me. It isn't what I am asking about.

I want to know if I have to take into account everyone living here, even though we all pay our own ways for food and things. And of course my original question about my tax forms.

-Blu-(lost in the Wyld Blu Yonder)

I am not commenting on your collecting rent or not, but in fact, you have not conducted your life in the last few months in a way conducive to success in the K visa process. Filing joint tax return with ex when not entitled to, sharing living quarters with ex-husband, unaware you need to file an affidavot for the interview... all signs of ill preparedness. Sorry, but success or failure in this process is YOUR responsibility. So I will advise as I can.

You need to submit an affidavit of support for his interview in addition to the affidavit submitted for AOS after he arrives and you are married. You do not need the form they sent your fiance, you can download your own. You need form I-134 This needs to be completed, supporting documents attached and send it to your fiance to present at his interview. Or send it with the documents you send to the consulate, however they work it at the Amsterdam consulate.

There is nothing you can do about your tax return unless you want to file a new one (1040x amended return) and pay the higher taxes of a single person (your ex-husband would also have to file an amended return and pay more).

If everyone in your household is over 18, has their own job and is NOT claimed as a dependent on your prior year tax (OH NO! Don't tell me your accountants told you to claim them as dependents!!!!) The your family size is TWO. You and your fiancee. Anyone claimed on last years taxes as your dependent must also be included in your family size UNLESS you can document what changes have taken place that they are no longer a dependent. Example...child becomes 18 years old after the taxes were filed, and moves from the house to their own home.

You will attach your 2008 joint return to the I-134. You will need to, you have no other choice unless you do an amended return really quickly. Bear in my mind, only YOUR income counts toward the guidelines and family size and you must attach something (w-2, 1099, or schedule C) which deliniates YOUR income from your ex-husband. You just also state your current income and have documentation of that. I won't say anything about rent, but IF you collected rent from children it would count as your income, provided it was documented (lease, copies of checks and bank deposits)

I think the situation of your ex living there also may raise a few questions. They will most likely (but maybe not) ask where your ex-husband lives. I am going by the experience of several recent cases I am aware of in Kiev where the petitioner presented a joint return for the previous year. Of course they ask why. Most people say it was because the petitioner was not legally divorced until after January 1. Your fiance can't say that. I am not sure what he will answer. I can't think of anything that isn't incriminating or suspicious sounding. They then usually ask where the ex lives now. That whole topic has been covered here before when another poster reported getting her visa denied becuse they thought her ex lived with her but actually it was a different apartment in the same building. You can hope the consulate is as open minded as you about the subject. Maybe they will think it is wonderful you still live with your ex-husband.

Your will file ANOTHER afficavit of support after you are married for the AOS.

You know, I really appreciate your advise as a more senior member of VJ than I, and see your posts all over this website. However, I realize we may have issues to address.

You may not know this, or realize this, you come across as very judgemental. That part is not so much appreciated. We have our own reasons for the way things are, mainly because it is cheaper for me to continue living on my ranch until my ex buys me out in a few months.

Your judgements throw the rest of your post in a very negative light to me. The way you talk about my tax situation seems like you are asking me to believe you (as you said, you are NOT a tax expert), over our tax accountants...who have done this for a living for the last 30 yrs. Perhaps they are wrong and you are right. I am not sure. However, the way you post, is that we are intentionally cheating on our taxes.

Please, in the future, consider the tone of your responses. We are all going through this together, and it isn't always easy. We may all have lots of questions and depend on responses from more senior members. However, responses like yours really make me not want to ask anything else here as I feel judged...and really don't need that.

-Blu-

[Gary and Alla 3,694]

Ok...I am still confused...so please bear with me.

My fiance (from Holland) just received packet 3. In it, it has an affidavit of support form. From what I understand here, I don't need to fill it out until after he is here and we are married? Then why did they include it? I am so confused.

I don't know what to do about my joint tax returns still, and now have another question in regards to the 125% over poverty level. The charts talk about how many people are in your household. Well, there are 6 people living on my ranch. My ex-husband, my two adult sons and one of my son's best friends. We all work and support ourselves. They are all saving to move out (someday soon I hope...lol) but in the meantime, my ex and I are the ones paying the bills. Please don't go into what rent my kids should be paying me. It isn't what I am asking about.

I want to know if I have to take into account everyone living here, even though we all pay our own ways for food and things. And of course my original question about my tax forms.

-Blu-(lost in the Wyld Blu Yonder)

I am not commenting on your collecting rent or not, but in fact, you have not conducted your life in the last few months in a way conducive to success in the K visa process. Filing joint tax return with ex when not entitled to, sharing living quarters with ex-husband, unaware you need to file an affidavot for the interview... all signs of ill preparedness. Sorry, but success or failure in this process is YOUR responsibility. So I will advise as I can.

You need to submit an affidavit of support for his interview in addition to the affidavit submitted for AOS after he arrives and you are married. You do not need the form they sent your fiance, you can download your own. You need form I-134 This needs to be completed, supporting documents attached and send it to your fiance to present at his interview. Or send it with the documents you send to the consulate, however they work it at the Amsterdam consulate.

There is nothing you can do about your tax return unless you want to file a new one (1040x amended return) and pay the higher taxes of a single person (your ex-husband would also have to file an amended return and pay more).

If everyone in your household is over 18, has their own job and is NOT claimed as a dependent on your prior year tax (OH NO! Don't tell me your accountants told you to claim them as dependents!!!!) The your family size is TWO. You and your fiancee. Anyone claimed on last years taxes as your dependent must also be included in your family size UNLESS you can document what changes have taken place that they are no longer a dependent. Example...child becomes 18 years old after the taxes were filed, and moves from the house to their own home.

You will attach your 2008 joint return to the I-134. You will need to, you have no other choice unless you do an amended return really quickly. Bear in my mind, only YOUR income counts toward the guidelines and family size and you must attach something (w-2, 1099, or schedule C) which deliniates YOUR income from your ex-husband. You just also state your current income and have documentation of that. I won't say anything about rent, but IF you collected rent from children it would count as your income, provided it was documented (lease, copies of checks and bank deposits)

I think the situation of your ex living there also may raise a few questions. They will most likely (but maybe not) ask where your ex-husband lives. I am going by the experience of several recent cases I am aware of in Kiev where the petitioner presented a joint return for the previous year. Of course they ask why. Most people say it was because the petitioner was not legally divorced until after January 1. Your fiance can't say that. I am not sure what he will answer. I can't think of anything that isn't incriminating or suspicious sounding. They then usually ask where the ex lives now. That whole topic has been covered here before when another poster reported getting her visa denied becuse they thought her ex lived with her but actually it was a different apartment in the same building. You can hope the consulate is as open minded as you about the subject. Maybe they will think it is wonderful you still live with your ex-husband.

Your will file ANOTHER afficavit of support after you are married for the AOS.

You know, I really appreciate your advise as a more senior member of VJ than I, and see your posts all over this website. However, I realize we may have issues to address.

You may not know this, or realize this, you come across as very judgemental. That part is not so much appreciated. We have our own reasons for the way things are, mainly because it is cheaper for me to continue living on my ranch until my ex buys me out in a few months.

Your judgements throw the rest of your post in a very negative light to me. The way you talk about my tax situation seems like you are asking me to believe you (as you said, you are NOT a tax expert), over our tax accountants...who have done this for a living for the last 30 yrs. Perhaps they are wrong and you are right. I am not sure. However, the way you post, is that we are intentionally cheating on our taxes.

Please, in the future, consider the tone of your responses. We are all going through this together, and it isn't always easy. We may all have lots of questions and depend on responses from more senior members. However, responses like yours really make me not want to ask anything else here as I feel judged...and really don't need that.

-Blu-

My judgements don't matter a hill of beans, but the consulates do, and I am aware of questions they may ask. I never said I was not a tax expert. I said I was not a tax collector. I have been doing business and personal taxes for more than 30 years. No part of my job is ever done without considering the tax implications of every move. I deal with tax issues every day. Federal, State and local. Your tax status as filed for 2008 was not correct. Your accountants know this. As I said, if you have the nerve to call them and ask the questions I posed...please do. On this matter I am not wrong, whether you choose to believe me or not doesn't matter. I also never said you intentionally cheated, but you evaded taxes nonetheless, with the advice of people that should know better, but also know what they can usually get away with. And now it causes an issue in your fiance's visa application. This is fact, not judgement. I am sure he will pleased you and your ex-husband saved some tax dollars. (OK, that one's a guess)

I have offered some very good advice for you, and hopefully cleared up some confusion, at least about the affidavit of support. How you live is none of my concern, I couldn't possibly care less. I will defend your right to live how you choose. That is between you, your fiancee and ex-husband. But the consulate may have another take on it. I would think giving facts would be beneficial to you. If you prefer I say "Oh, don't worry, no problem" will you sleep better?

Your fiance needs to be prepared to answer some questions. I cannot say for sure he will be asked them, but he needs to be prepared. It is an honorable service to you that I present the worst case scenario so he doesn't stare at the CO like a boiled fish when he is asked. A very common question is "why did the petitioner file a joint return with her husband for 2008" This question becomes more common as the year goes on. The usual answer is "Because their divorce was not official until January 2009(or February)" whatever. YOUR fiance cannot answer that way. They have a copy of your divorce certificate, they are looking it over as we speak. That is a fact, not a judgement. I do not know how he can answer that, it is something you need to address. The typical follow on question to that is "where does her ex-husband live?" (good question, since the only document they have, dated AFTER the divorce, shows he lives with you) Usually the answer is "Somewhere else.....blah, blah, blah" YOUR fiance cannot answer that way. Fact, not judgement. Your case WILL be judged by someone that does not know you and, in fact, knows less about you than I do. Now, THAT ought to be scary.

I certainly do not want to discourage you from posting, this is a great site and I intend it no harm, but if you have read my posts "all over this website" then you know I try to give good answers but I never attempt to blow sunshine up anyone's....well, you know. It does no one any good to speak less than the truth. Knowing what the hurdles are is half the battle. Good luck.

[Bikerdude 0]

Ok...I am still confused...so please bear with me.

My fiance (from Holland) just received packet 3. In it, it has an affidavit of support form. From what I understand here, I don't need to fill it out until after he is here and we are married? Then why did they include it? I am so confused.

I don't know what to do about my joint tax returns still, and now have another question in regards to the 125% over poverty level. The charts talk about how many people are in your household. Well, there are 6 people living on my ranch. My ex-husband, my two adult sons and one of my son's best friends. We all work and support ourselves. They are all saving to move out (someday soon I hope...lol) but in the meantime, my ex and I are the ones paying the bills. Please don't go into what rent my kids should be paying me. It isn't what I am asking about.

I want to know if I have to take into account everyone living here, even though we all pay our own ways for food and things. And of course my original question about my tax forms.

-Blu-(lost in the Wyld Blu Yonder)

I am not commenting on your collecting rent or not, but in fact, you have not conducted your life in the last few months in a way conducive to success in the K visa process. Filing joint tax return with ex when not entitled to, sharing living quarters with ex-husband, unaware you need to file an affidavot for the interview... all signs of ill preparedness. Sorry, but success or failure in this process is YOUR responsibility. So I will advise as I can.

You need to submit an affidavit of support for his interview in addition to the affidavit submitted for AOS after he arrives and you are married. You do not need the form they sent your fiance, you can download your own. You need form I-134 This needs to be completed, supporting documents attached and send it to your fiance to present at his interview. Or send it with the documents you send to the consulate, however they work it at the Amsterdam consulate.

There is nothing you can do about your tax return unless you want to file a new one (1040x amended return) and pay the higher taxes of a single person (your ex-husband would also have to file an amended return and pay more).

If everyone in your household is over 18, has their own job and is NOT claimed as a dependent on your prior year tax (OH NO! Don't tell me your accountants told you to claim them as dependents!!!!) The your family size is TWO. You and your fiancee. Anyone claimed on last years taxes as your dependent must also be included in your family size UNLESS you can document what changes have taken place that they are no longer a dependent. Example...child becomes 18 years old after the taxes were filed, and moves from the house to their own home.

You will attach your 2008 joint return to the I-134. You will need to, you have no other choice unless you do an amended return really quickly. Bear in my mind, only YOUR income counts toward the guidelines and family size and you must attach something (w-2, 1099, or schedule C) which deliniates YOUR income from your ex-husband. You just also state your current income and have documentation of that. I won't say anything about rent, but IF you collected rent from children it would count as your income, provided it was documented (lease, copies of checks and bank deposits)

I think the situation of your ex living there also may raise a few questions. They will most likely (but maybe not) ask where your ex-husband lives. I am going by the experience of several recent cases I am aware of in Kiev where the petitioner presented a joint return for the previous year. Of course they ask why. Most people say it was because the petitioner was not legally divorced until after January 1. Your fiance can't say that. I am not sure what he will answer. I can't think of anything that isn't incriminating or suspicious sounding. They then usually ask where the ex lives now. That whole topic has been covered here before when another poster reported getting her visa denied becuse they thought her ex lived with her but actually it was a different apartment in the same building. You can hope the consulate is as open minded as you about the subject. Maybe they will think it is wonderful you still live with your ex-husband.

Your will file ANOTHER afficavit of support after you are married for the AOS.

You know, I really appreciate your advise as a more senior member of VJ than I, and see your posts all over this website. However, I realize we may have issues to address.

You may not know this, or realize this, you come across as very judgemental. That part is not so much appreciated. We have our own reasons for the way things are, mainly because it is cheaper for me to continue living on my ranch until my ex buys me out in a few months.

Your judgements throw the rest of your post in a very negative light to me. The way you talk about my tax situation seems like you are asking me to believe you (as you said, you are NOT a tax expert), over our tax accountants...who have done this for a living for the last 30 yrs. Perhaps they are wrong and you are right. I am not sure. However, the way you post, is that we are intentionally cheating on our taxes.

Please, in the future, consider the tone of your responses. We are all going through this together, and it isn't always easy. We may all have lots of questions and depend on responses from more senior members. However, responses like yours really make me not want to ask anything else here as I feel judged...and really don't need that.

-Blu-

My judgements don't matter a hill of beans, but the consulates do, and I am aware of questions they may ask. I never said I was not a tax expert. I said I was not a tax collector. I have been doing business and personal taxes for more than 30 years. No part of my job is ever done without considering the tax implications of every move. I deal with tax issues every day. Federal, State and local. Your tax status as filed for 2008 was not correct. Your accountants know this. As I said, if you have the nerve to call them and ask the questions I posed...please do. On this matter I am not wrong, whether you choose to believe me or not doesn't matter. I also never said you intentionally cheated, but you evaded taxes nonetheless, with the advice of people that should know better, but also know what they can usually get away with. And now it causes an issue in your fiance's visa application. This is fact, not judgement. I am sure he will pleased you and your ex-husband saved some tax dollars. (OK, that one's a guess)

I have offered some very good advice for you, and hopefully cleared up some confusion, at least about the affidavit of support. How you live is none of my concern, I couldn't possibly care less. I will defend your right to live how you choose. That is between you, your fiancee and ex-husband. But the consulate may have another take on it. I would think giving facts would be beneficial to you. If you prefer I say "Oh, don't worry, no problem" will you sleep better?

Your fiance needs to be prepared to answer some questions. I cannot say for sure he will be asked them, but he needs to be prepared. It is an honorable service to you that I present the worst case scenario so he doesn't stare at the CO like a boiled fish when he is asked. A very common question is "why did the petitioner file a joint return with her husband for 2008" This question becomes more common as the year goes on. The usual answer is "Because their divorce was not official until January 2009(or February)" whatever. YOUR fiance cannot answer that way. They have a copy of your divorce certificate, they are looking it over as we speak. That is a fact, not a judgement. I do not know how he can answer that, it is something you need to address. The typical follow on question to that is "where does her ex-husband live?" (good question, since the only document they have, dated AFTER the divorce, shows he lives with you) Usually the answer is "Somewhere else.....blah, blah, blah" YOUR fiance cannot answer that way. Fact, not judgement. Your case WILL be judged by someone that does not know you and, in fact, knows less about you than I do. Now, THAT ought to be scary.

I certainly do not want to discourage you from posting, this is a great site and I intend it no harm, but if you have read my posts "all over this website" then you know I try to give good answers but I never attempt to blow sunshine up anyone's....well, you know. It does no one any good to speak less than the truth. Knowing what the hurdles are is half the battle. Good luck.

I'm Blu's fiancee....

I think we are getting a bit carried away here...

first of all I told her to check with her ex and the people who did their taxes to make sure how things were done.It seems to me that if they were still married for the bigger part of the year they had to file joint but with addition of mentioning being divorced at some point.The discussion about them living together still is no issue I think since this is 2009,not the Dark Ages and sucky economy has forced people to take less favorable descisions simply because they had to.As you see,I am well aware of the situation and not completely ignorant either,so therefore I think I will do just fine at the interview.I've been through worse,believe me.....

[Gary and Alla 3,694]

Ok...I am still confused...so please bear with me.

My fiance (from Holland) just received packet 3. In it, it has an affidavit of support form. From what I understand here, I don't need to fill it out until after he is here and we are married? Then why did they include it? I am so confused.

I don't know what to do about my joint tax returns still, and now have another question in regards to the 125% over poverty level. The charts talk about how many people are in your household. Well, there are 6 people living on my ranch. My ex-husband, my two adult sons and one of my son's best friends. We all work and support ourselves. They are all saving to move out (someday soon I hope...lol) but in the meantime, my ex and I are the ones paying the bills. Please don't go into what rent my kids should be paying me. It isn't what I am asking about.

I want to know if I have to take into account everyone living here, even though we all pay our own ways for food and things. And of course my original question about my tax forms.

-Blu-(lost in the Wyld Blu Yonder)

I am not commenting on your collecting rent or not, but in fact, you have not conducted your life in the last few months in a way conducive to success in the K visa process. Filing joint tax return with ex when not entitled to, sharing living quarters with ex-husband, unaware you need to file an affidavot for the interview... all signs of ill preparedness. Sorry, but success or failure in this process is YOUR responsibility. So I will advise as I can.

You need to submit an affidavit of support for his interview in addition to the affidavit submitted for AOS after he arrives and you are married. You do not need the form they sent your fiance, you can download your own. You need form I-134 This needs to be completed, supporting documents attached and send it to your fiance to present at his interview. Or send it with the documents you send to the consulate, however they work it at the Amsterdam consulate.

There is nothing you can do about your tax return unless you want to file a new one (1040x amended return) and pay the higher taxes of a single person (your ex-husband would also have to file an amended return and pay more).

If everyone in your household is over 18, has their own job and is NOT claimed as a dependent on your prior year tax (OH NO! Don't tell me your accountants told you to claim them as dependents!!!!) The your family size is TWO. You and your fiancee. Anyone claimed on last years taxes as your dependent must also be included in your family size UNLESS you can document what changes have taken place that they are no longer a dependent. Example...child becomes 18 years old after the taxes were filed, and moves from the house to their own home.

You will attach your 2008 joint return to the I-134. You will need to, you have no other choice unless you do an amended return really quickly. Bear in my mind, only YOUR income counts toward the guidelines and family size and you must attach something (w-2, 1099, or schedule C) which deliniates YOUR income from your ex-husband. You just also state your current income and have documentation of that. I won't say anything about rent, but IF you collected rent from children it would count as your income, provided it was documented (lease, copies of checks and bank deposits)

I think the situation of your ex living there also may raise a few questions. They will most likely (but maybe not) ask where your ex-husband lives. I am going by the experience of several recent cases I am aware of in Kiev where the petitioner presented a joint return for the previous year. Of course they ask why. Most people say it was because the petitioner was not legally divorced until after January 1. Your fiance can't say that. I am not sure what he will answer. I can't think of anything that isn't incriminating or suspicious sounding. They then usually ask where the ex lives now. That whole topic has been covered here before when another poster reported getting her visa denied becuse they thought her ex lived with her but actually it was a different apartment in the same building. You can hope the consulate is as open minded as you about the subject. Maybe they will think it is wonderful you still live with your ex-husband.

Your will file ANOTHER afficavit of support after you are married for the AOS.

You know, I really appreciate your advise as a more senior member of VJ than I, and see your posts all over this website. However, I realize we may have issues to address.

You may not know this, or realize this, you come across as very judgemental. That part is not so much appreciated. We have our own reasons for the way things are, mainly because it is cheaper for me to continue living on my ranch until my ex buys me out in a few months.

Your judgements throw the rest of your post in a very negative light to me. The way you talk about my tax situation seems like you are asking me to believe you (as you said, you are NOT a tax expert), over our tax accountants...who have done this for a living for the last 30 yrs. Perhaps they are wrong and you are right. I am not sure. However, the way you post, is that we are intentionally cheating on our taxes.

Please, in the future, consider the tone of your responses. We are all going through this together, and it isn't always easy. We may all have lots of questions and depend on responses from more senior members. However, responses like yours really make me not want to ask anything else here as I feel judged...and really don't need that.

-Blu-

My judgements don't matter a hill of beans, but the consulates do, and I am aware of questions they may ask. I never said I was not a tax expert. I said I was not a tax collector. I have been doing business and personal taxes for more than 30 years. No part of my job is ever done without considering the tax implications of every move. I deal with tax issues every day. Federal, State and local. Your tax status as filed for 2008 was not correct. Your accountants know this. As I said, if you have the nerve to call them and ask the questions I posed...please do. On this matter I am not wrong, whether you choose to believe me or not doesn't matter. I also never said you intentionally cheated, but you evaded taxes nonetheless, with the advice of people that should know better, but also know what they can usually get away with. And now it causes an issue in your fiance's visa application. This is fact, not judgement. I am sure he will pleased you and your ex-husband saved some tax dollars. (OK, that one's a guess)

I have offered some very good advice for you, and hopefully cleared up some confusion, at least about the affidavit of support. How you live is none of my concern, I couldn't possibly care less. I will defend your right to live how you choose. That is between you, your fiancee and ex-husband. But the consulate may have another take on it. I would think giving facts would be beneficial to you. If you prefer I say "Oh, don't worry, no problem" will you sleep better?

Your fiance needs to be prepared to answer some questions. I cannot say for sure he will be asked them, but he needs to be prepared. It is an honorable service to you that I present the worst case scenario so he doesn't stare at the CO like a boiled fish when he is asked. A very common question is "why did the petitioner file a joint return with her husband for 2008" This question becomes more common as the year goes on. The usual answer is "Because their divorce was not official until January 2009(or February)" whatever. YOUR fiance cannot answer that way. They have a copy of your divorce certificate, they are looking it over as we speak. That is a fact, not a judgement. I do not know how he can answer that, it is something you need to address. The typical follow on question to that is "where does her ex-husband live?" (good question, since the only document they have, dated AFTER the divorce, shows he lives with you) Usually the answer is "Somewhere else.....blah, blah, blah" YOUR fiance cannot answer that way. Fact, not judgement. Your case WILL be judged by someone that does not know you and, in fact, knows less about you than I do. Now, THAT ought to be scary.

I certainly do not want to discourage you from posting, this is a great site and I intend it no harm, but if you have read my posts "all over this website" then you know I try to give good answers but I never attempt to blow sunshine up anyone's....well, you know. It does no one any good to speak less than the truth. Knowing what the hurdles are is half the battle. Good luck.

I'm Blu's fiancee....

I think we are getting a bit carried away here...

first of all I told her to check with her ex and the people who did their taxes to make sure how things were done.It seems to me that if they were still married for the bigger part of the year they had to file joint but with addition of mentioning being divorced at some point.The discussion about them living together still is no issue I think since this is 2009,not the Dark Ages and sucky economy has forced people to take less favorable descisions simply because they had to.As you see,I am well aware of the situation and not completely ignorant either,so therefore I think I will do just fine at the interview.I've been through worse,believe me.....

I never thought you were ignorant of the living situation. Your fiancee was ignorant of the fact she needed to present an affidavit of support for the intervew, but I think we cleared that up.

What "seems to you" doesn't matter. Tax filing status is determined by the situation that exists at midnight on December 31 of the year. Her tax status on December 31, 2008 was "single". She cannot file married/joint (legally). That's the tax law, not an opinion. If a couple has a baby born at 11:59pm on December 31, they get to claim the child deduction for the entire year! If they are married on December 31, they get to file married/joint for the entire year. If they are divorced on December 31, they must file "single". Many divorces late in the year are held for filing until January 2, just for that purpose. Until "filed" the divorce is not official and by doing so, the couple can take advantage of the marriage tax benefit for that year. I did this myself for my own divorce for which the court date was December 27, 1997 and we had the filing held until after New Year's. The fact is, she has presented a divorce certificate to the USCIS and the Consulate saying she was divorced in October, 2008 and she will be presenting a tax return for 2008 saying she was married on December 31, 2008. I am glad you are aware of that.

For them to live together is no issue for me. But here's the problem. It isn't up to me. I'm fine with it. You're fine with it, and we are all in agreement it is 2009. Will the consulate be fine with it? There have been several instances of people being denied visas on the basis that they still lived with their ex, or the consulate even thought they did. So if you are comfortable with that, it makes no difference to me. Also, using the reasoning that it is "cheaper" to share living expenses is not a good argument for a visa requiring her to show she can support you...and has to do it TWICE. Maybe her ex will co-sponsor?

I do not think it is getting carried away to mention the particular problems you could have. I did so as, hopefully, a benefit. I hope all will go well at your interview, really. Maybe they will not even notice. Then you will have been prepared and not need to worry. Good luck.

[Wyld Blu 35]

BTW, I was not ignorant of the fact that I need to present an AOS at the interview time...hence the reason for the question in the first place.

-Blu-

[Gary and Alla 3,694]

BTW, I was not ignorant of the fact that I need to present an AOS at the interview time...hence the reason for the question in the first place.

-Blu-

Blu,

You are opening your mouth and changing feet. You DO NOT present an "AOS" at the interview. Adjustment of Status (AOS) is a procedure done AFTER you are married that involves, amoung other things the presentation of another affidavit of support. The I-864 for the AOS. It involves lots more than that, including another interview (most likely, some people get AOS approved without an interview)

The visa application interview in Amsterdam, for your fiance, requires an affidavit of support (which maybe you have interpreted "AOS" to mean) I think you have confused the alphabet soup. No harm there.

[Gary and Alla 3,694]

Ok...I am still confused...so please bear with me.

My fiance (from Holland) just received packet 3. In it, it has an affidavit of support form. From what I understand here, I don't need to fill it out until after he is here and we are married? Then why did they include it? I am so confused.

I don't know what to do about my joint tax returns still, and now have another question in regards to the 125% over poverty level. The charts talk about how many people are in your household. Well, there are 6 people living on my ranch. My ex-husband, my two adult sons and one of my son's best friends. We all work and support ourselves. They are all saving to move out (someday soon I hope...lol) but in the meantime, my ex and I are the ones paying the bills. Please don't go into what rent my kids should be paying me. It isn't what I am asking about.

I want to know if I have to take into account everyone living here, even though we all pay our own ways for food and things. And of course my original question about my tax forms.

-Blu-(lost in the Wyld Blu Yonder)

I must have misunderstood your being ignorant of the fact you needed to submit an affidavit for the visa application interview. Silly me.

[Gary and Alla 3,694]

BTW, I was not ignorant of the fact that I need to present an AOS at the interview time...hence the reason for the question in the first place.

-Blu-

From Page 14 IRS 2008/1040 instructions

Line 2

Married Filing Jointly living if

• You were married at the end of 2008 even if you did not live with your spouse at the end of 2008.

• Your spouse died in 2008 and you did not remarry in 2008.

• You were married at the end of 2008, and your spouse died in 2009 before filing a 2008 return.

TIP

For federal tax purposes, a marriage means a legal union between a man and a woman as husband and wife. A husband and wife filing jointly report their combined income and deduct their combined allowable expenses on one return. They can file a joint return even if only one had income or if they did not live together all year.

In order to file married filing jointly, you must have been MARRIED at the end of 2008. You can be separated and living apart, but you MUST be married. You may want to pass this information your accountants, or they can read it online.

Edited July 3, 2009 by Gary and Alla