Affidavit of Support + tax returns?

[Rob and Jill 82]

Alright, I have been researching the Affidavit of support for most of the afternoon, and I do not see anything anywhere that requires a tax return. However, I do TONS of people sending in tax information with their various paperwork.

Are tax returns required and I am overlooking that info? If so, how many years do you have to go back? I think I would only have 2 years of showing where I filed single, and any other papers would involve my ex's income.

I can easily provide all of the other information shown on VJ and requested on the actual form, but I would have to send away for tax returns.

[Otto 83]

Page 5 (#25) on the instructions of the I-864. Virtually every Embassy/Consulate uses the I-864 as guidelines (even when submitting an I-134) so this is where you'll find references to it. The I-134 refers to tax return for self-employed, but again, use the guidelines found on the I-864. (This is also where you'll find references to the Fed. Poverty Guidelines.)

[Nik+Heather 121]

I would recommend that you get tax transcripts they are free, and comprehensive. No need to go digging through your old files or to make copies of a bazillion pages of tax returns. And you don't have to worry about things being incomplete.

[VanessaTony 3,567]

Alright, I have been researching the Affidavit of support for most of the afternoon, and I do not see anything anywhere that requires a tax return. However, I do TONS of people sending in tax information with their various paperwork.

Are tax returns required and I am overlooking that info? If so, how many years do you have to go back? I think I would only have 2 years of showing where I filed single, and any other papers would involve my ex's income.

I can easily provide all of the other information shown on VJ and requested on the actual form, but I would have to send away for tax returns.

No they are certainly not required for K1. I too read a lot about people sending them in but I decided that I wanted to do what i was told in the instructions, not via heresay.

My fiance (now husband) did not send tax returns or anything tax related and we were processed in 6 months with absolutely no RFE's or questions or trouble. It would have been less than 6 months except my police check took a little while to arrive. The ACTUAL wait time was 3 months for the NOA2, 2 weeks to get P3, and then 3 weeks to get an interview after sending P3 docs.

It certainly can't HURT to include IRS transcripts as they're free, but they are definitely, 100% not required for the I-134. Whether your embassy requests them though is another matter. Australia definitely doesn't.

Edited February 17, 2010 by Vanessa&Tony

[John and Camie 39]

I would recommend that you get tax transcripts they are free, and comprehensive. No need to go digging through your old files or to make copies of a bazillion pages of tax returns. And you don't have to worry about things being incomplete.

[Anh map 2,098]

See this link to the London Embassy page regarding Evidence Which May Be Presented to Meet the Public Charge Provisions of the Law It gives you expectations of the Consular Officers.

Looking forward to the Adjustment of Status phase you will want to have the 3 most recent year's returns. No need to worry if those include returns filed jointly with an ex-spouse.

Seek London specific advice as each consulate operates differently. Blanket statements can cause undue stress.

[Rob and Jill 82]

Thank you to everyone who replied. I'll certainly check out the London guidelines and won't fret about older returns showing the ex. ~~~~~~~~~ on him and YAY to a new life!

[Otto 83]

~~~~~~~~~ on him and YAY to a new life!

Gotta be an Honorary Post of the Day...

[John and Camie 39]

~~~~~~~~~ on him and YAY to a new life!

YAY!! I love it.

[Rebecca Jo 1,962]

See this link to the London Embassy page regarding Evidence Which May Be Presented to Meet the Public Charge Provisions of the Law It gives you expectations of the Consular Officers.

Looking forward to the Adjustment of Status phase you will want to have the 3 most recent year's returns. No need to worry if those include returns filed jointly with an ex-spouse.

Seek London specific advice as each consulate operates differently. Blanket statements can cause undue stress.

Only the single most recent federal income tax return has been required for adjustment of status sine 2006.

Self employed individuals, individuals earning commissions, or contract laborers may need three years to prove income consistency.

And each consulate will do something different regarding federal income tax filings as regards the I134. Since the instructions for the I134 don't specify what constitutes sufficiency of income, the individual consulates are within their authority to establish whatever criteria they see fit.

[munkeynutts 0]

The whole K-1 process has driven me and my fiancee to near insanity. It is littered with unclear instructions and ambiguity. I had my interview in London on Feb 3rd. We started the process back in May 2009. I checked the guideline notes for the interview and nowhere is it stated that you need to take tax return paperwork for your fiancee, nor does it say you have to file an I-134. The US Embassy website specifically states that K-1 visa applicants DO NOT need to supply an I-134, but to supply 'evidence of support', which I did.

When it comes to the interview day, it really is a shot in the dark and depends on who looks at your papers/file on the day. They have the power to decide on the day that they need to see specific information, even if you have not been asked to supply it in the interview guidance notes! So even if you have everything that you need (according to the embassy guidance notes), there is still a chance they may want something else on the day (which defeats the object of guidance notes).

Tax returns are certainly not required for K-1 visa applicants, but the embassy decided on the day of my interview that they wanted to see tax returns!

My interview was on Feb 3rd, and I supplied final requested documents to the embassy by courier on February 9th. I am still waiting for a visa!

Edited February 17, 2010 by munkeynutts

[TracyTN 237]

So London's instructions no longer includes verbiage about the I 134 and/or tax returns?? You mean on the stuff they sent you in the mail or on their website? I'm very surprised by that. It's always seemed to be standard to me.

[munkeynutts 0]

It appears not, unless I am missing something.

Interview checklist:

http://london.usembassy.gov/cons_new/visa/iv/docs169.html

I-134/Evidence of support info:

http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html

Ok, this is weird. Neither myself of my fiancee saw this before (the paragraph about supplying an I-134 and tax return paperwork). Did they just put this in? Maybe they just introduced this requirement, or me AND my fiancee totally missed it!

Duh!

[TracyTN 237]

I think it's always been there - not that I'm questioning your eyesight at all! I just know it's always been standard procedure to have 3 years of tax returns and an I 134 ready for the interview at London. It most certainly was when (now) hubby interviewed in 2007 and I'm sure it was in place for some time before then.

[*julez* 124]

I think it's always been there - not that I'm questioning your eyesight at all! I just know it's always been standard procedure to have 3 years of tax returns and an I 134 ready for the interview at London. It most certainly was when (now) hubby interviewed in 2007 and I'm sure it was in place for some time before then.

Ditto for us in 2008. I'd be very surprised if the removed that requirement.