I-134 question

[Mr.&Mrs.A 0]

I had no income for 2008 therefore I did not file. I took a sabbatical plus I took 2 trips to the Philippines in 2008 plus 1 in Feb. 2009. We are just submitting 129-F, I will be working so if I bring a letter from employer showing adequate income plus some copies of pay checks for this year will that be enough proof by itself with no prior tax returns?

[payxibka 10,045]

moving thread to:

US Embassy and Consulate Discussion

You are almost there and now you have to deal with the embassy. This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.

[Anh map 2,098]

You should go ahead and supply 3 years worth of returns (actually 2 years plus a letter stating why you were not required to file a return last year) along with a letter from your current employer along with recent pay stubs. This will show continuity.

For the Adjustment of Status you are required to provide the statement pertaining to non-filing, so why not get it out fo the way? The I-864 for AOS is a good template for putting together your I-134.

[Mr.&Mrs.A 0]

You should go ahead and supply 3 years worth of returns (actually 2 years plus a letter stating why you were not required to file a return last year) along with a letter from your current employer along with recent pay stubs. This will show continuity.

For the Adjustment of Status you are required to provide the statement pertaining to non-filing, so why not get it out fo the way? The I-864 for AOS is a good template for putting together your I-134.

Thank you for the advice. I do have a question regarding previous years tax returns. Are they required to meet the minimum 125% level? I mostly get 1099's from employer's so every legitimate write-off is utilized.

Thanks Again

[Anh map 2,098]

The income that they look at is line 22 on your 1040. So if you are really aggressive with the deductions it can bite you in the a$$ in this case. Similar to qualifying for a mortgage.

[Waitingpatiently 0]

I had no income for 2008 therefore I did not file. I took a sabbatical plus I took 2 trips to the Philippines in 2008 plus 1 in Feb. 2009. We are just submitting 129-F, I will be working so if I bring a letter from employer showing adequate income plus some copies of pay checks for this year will that be enough proof by itself with no prior tax returns?

I believe you need documentation from the IRS stating that you did not do any tax returns for that reason. The best thing would be a current employment letter that states when you started, what your yearly salary would be, the hourly rate, and how you get paid (weekly, bi weekly) and how much. You should make copies of your 3 recent paysteps.

A bank letter would also be good if you have any in savings.

[Mr.&Mrs.A 0]

The income that they look at is line 22 on your 1040. So if you are really aggressive with the deductions it can bite you in the a$$ in this case. Similar to qualifying for a mortgage.

I will be turning in my 2006 & 2007 ITR's and so if I understand this correctly, they will want them to also meet the minimum requirements of 125% of Poverty level which in our case is $27,600.

[Gary and Alla 3,694]

I had no income for 2008 therefore I did not file. I took a sabbatical plus I took 2 trips to the Philippines in 2008 plus 1 in Feb. 2009. We are just submitting 129-F, I will be working so if I bring a letter from employer showing adequate income plus some copies of pay checks for this year will that be enough proof by itself with no prior tax returns?

You will provide an explanation of why you did not file for 2008. Also provide a copy of 2007 tax return (your "last year" filed) and proof of current income. Should be sufficient in most consulates to show you can support your fiancee

[Gary and Alla 3,694]

You should go ahead and supply 3 years worth of returns (actually 2 years plus a letter stating why you were not required to file a return last year) along with a letter from your current employer along with recent pay stubs. This will show continuity.

For the Adjustment of Status you are required to provide the statement pertaining to non-filing, so why not get it out fo the way? The I-864 for AOS is a good template for putting together your I-134.

Thank you for the advice. I do have a question regarding previous years tax returns. Are they required to meet the minimum 125% level? I mostly get 1099's from employer's so every legitimate write-off is utilized.

Thanks Again

Consulate specific. There is NO "requirement" that you meet current guidelines for 2009 with 2008 or 2007 income. However consulates have WIDE latitude on this this. It is a "judgement call" pure and simple. They have to determine, without knowing you and interviewing you, that your fiancee will not become a public charge, based on papers you provide them. The better "it looks" the better your chances of convincing them.

As mentioned above, it is common for self employed people to deduct lots of income as business expense (perfectly legal and legitimate) but it DOES reduce your income (line 22 of the 1040) and this can be a problem. If this is the case, line up a co-sponsor.

[Mr.&Mrs.A 0]

You should go ahead and supply 3 years worth of returns (actually 2 years plus a letter stating why you were not required to file a return last year) along with a letter from your current employer along with recent pay stubs. This will show continuity.

For the Adjustment of Status you are required to provide the statement pertaining to non-filing, so why not get it out fo the way? The I-864 for AOS is a good template for putting together your I-134.

Thank you for the advice. I do have a question regarding previous years tax returns. Are they required to meet the minimum 125% level? I mostly get 1099's from employer's so every legitimate write-off is utilized.

Thanks Again

Consulate specific. There is NO "requirement" that you meet current guidelines for 2009 with 2008 or 2007 income. However consulates have WIDE latitude on this this. It is a "judgement call" pure and simple. They have to determine, without knowing you and interviewing you, that your fiancee will not become a public charge, based on papers you provide them. The better "it looks" the better your chances of convincing them.

As mentioned above, it is common for self employed people to deduct lots of income as business expense (perfectly legal and legitimate) but it DOES reduce your income (line 22 of the 1040) and this can be a problem. If this is the case, line up a co-sponsor.

I really appreciate the response. It seems I need some good solid advice on this matter, so any assistance you can give me will be greatly appreciated. Here is my scenario:

1. My 2006 ITR is good.

2. My 2007 not good (because companies owing me money declared bankruptcy) it only shows a $7,500 on line 22

of 1040.

3. 2008 I did not work. I took sabbatical with 2 trips to the Philippines to be with fiancee.

4. 2009 I will be working plus I will receive Social Security Retirement income. Between both, I will exceed the

minimum requirements.

This is where I can use advice.

I am inclined to not bring any prior ITR's except for a letter stating why I did not work in 2008 and just rely on this years income. Is this a good idea?

Again, any and all advice is enormously appreciated.

[Gary and Alla 3,694]

You should go ahead and supply 3 years worth of returns (actually 2 years plus a letter stating why you were not required to file a return last year) along with a letter from your current employer along with recent pay stubs. This will show continuity.

For the Adjustment of Status you are required to provide the statement pertaining to non-filing, so why not get it out fo the way? The I-864 for AOS is a good template for putting together your I-134.

Thank you for the advice. I do have a question regarding previous years tax returns. Are they required to meet the minimum 125% level? I mostly get 1099's from employer's so every legitimate write-off is utilized.

Thanks Again

Consulate specific. There is NO "requirement" that you meet current guidelines for 2009 with 2008 or 2007 income. However consulates have WIDE latitude on this this. It is a "judgement call" pure and simple. They have to determine, without knowing you and interviewing you, that your fiancee will not become a public charge, based on papers you provide them. The better "it looks" the better your chances of convincing them.

As mentioned above, it is common for self employed people to deduct lots of income as business expense (perfectly legal and legitimate) but it DOES reduce your income (line 22 of the 1040) and this can be a problem. If this is the case, line up a co-sponsor.

I really appreciate the response. It seems I need some good solid advice on this matter, so any assistance you can give me will be greatly appreciated. Here is my scenario:

1. My 2006 ITR is good.

2. My 2007 not good (because companies owing me money declared bankruptcy) it only shows a $7,500 on line 22

of 1040.

3. 2008 I did not work. I took sabbatical with 2 trips to the Philippines to be with fiancee.

4. 2009 I will be working plus I will receive Social Security Retirement income. Between both, I will exceed the

minimum requirements.

This is where I can use advice.

I am inclined to not bring any prior ITR's except for a letter stating why I did not work in 2008 and just rely on this years income. Is this a good idea?

Again, any and all advice is enormously appreciated.

This is all consulate specific, and Manilla is NOT one of the easier consulates to deal with. You certainly need an explanation for 2008. As for the others, I would suggest having them available to your fiancee in case they are needed and asked for. I would also include an explanation of the others, such as the low income for 2007. Also provide as much documentation as possibe of current employment and that it is "permanent". An employer letter, check stubs and a bank letter would be great. Since you are "lacking" in one area you need to make up for it in another. It is a judgement call on their part and it is better to provide more information than less. You want to remove as many "question marks" as possible. Question marks are NOT a good thing especially with a consulate like Manilla. If they have unanswered questions they will not issue the visa. It is best to be prepared and not hope they "won't notice", assume they will. I would also inform your fiancee as SHE will be the one answering the questions. If she is somewhat knowledgedable it not helps your cause for the I-134 but shows solid evidence of a sincere relationship.

[Mr.&Mrs.A 0]

You should go ahead and supply 3 years worth of returns (actually 2 years plus a letter stating why you were not required to file a return last year) along with a letter from your current employer along with recent pay stubs. This will show continuity.

For the Adjustment of Status you are required to provide the statement pertaining to non-filing, so why not get it out fo the way? The I-864 for AOS is a good template for putting together your I-134.

Thank you for the advice. I do have a question regarding previous years tax returns. Are they required to meet the minimum 125% level? I mostly get 1099's from employer's so every legitimate write-off is utilized.

Thanks Again

Consulate specific. There is NO "requirement" that you meet current guidelines for 2009 with 2008 or 2007 income. However consulates have WIDE latitude on this this. It is a "judgement call" pure and simple. They have to determine, without knowing you and interviewing you, that your fiancee will not become a public charge, based on papers you provide them. The better "it looks" the better your chances of convincing them.

As mentioned above, it is common for self employed people to deduct lots of income as business expense (perfectly legal and legitimate) but it DOES reduce your income (line 22 of the 1040) and this can be a problem. If this is the case, line up a co-sponsor.

I really appreciate the response. It seems I need some good solid advice on this matter, so any assistance you can give me will be greatly appreciated. Here is my scenario:

1. My 2006 ITR is good.

2. My 2007 not good (because companies owing me money declared bankruptcy) it only shows a $7,500 on line 22

of 1040.

3. 2008 I did not work. I took sabbatical with 2 trips to the Philippines to be with fiancee.

4. 2009 I will be working plus I will receive Social Security Retirement income. Between both, I will exceed the

minimum requirements.

This is where I can use advice.

I am inclined to not bring any prior ITR's except for a letter stating why I did not work in 2008 and just rely on this years income. Is this a good idea?

Again, any and all advice is enormously appreciated.

This is all consulate specific, and Manilla is NOT one of the easier consulates to deal with. You certainly need an explanation for 2008. As for the others, I would suggest having them available to your fiancee in case they are needed and asked for. I would also include an explanation of the others, such as the low income for 2007. Also provide as much documentation as possibe of current employment and that it is "permanent". An employer letter, check stubs and a bank letter would be great. Since you are "lacking" in one area you need to make up for it in another. It is a judgement call on their part and it is better to provide more information than less. You want to remove as many "question marks" as possible. Question marks are NOT a good thing especially with a consulate like Manilla. If they have unanswered questions they will not issue the visa. It is best to be prepared and not hope they "won't notice", assume they will. I would also inform your fiancee as SHE will be the one answering the questions. If she is somewhat knowledgedable it not helps your cause for the I-134 but shows solid evidence of a sincere relationship.

Gary & Alla, Thanks for the additional input we really appreciate it.