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Filed: K-1 Visa Country: China
Timeline
Posted (edited)

Hello, I was wondering if you guys could help me with the I-864. The consulate in Guangzhou has requested one from me and my fiancee's cosponsor. However, for two out of the last three years, I have not had taxable income. I am still in graduate school working as a teaching assistant, and I receive student loans too. I'm not sure how to include the loans as they are not assets and they are not exactly income either. I thought to just write "see attachment" on Question 25 but the cosponsor is suggesting that this is not the way to go about it. He says to add the loans and reported income together, and write "see attachment" next to that. I think just writing "see attachment" would be best.

Any ideas?

Edited by Jacob2010
Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

A loan is not income. What you get paid for teaching would be income.

Follow the form instructions regarding how to account for years when you were not required to file a tax return.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: K-1 Visa Country: China
Timeline
Posted

A loan is not income. What you get paid for teaching would be income.

Follow the form instructions regarding how to account for years when you were not required to file a tax return.

Thanks for the response. All it says is to provide a written explanation of why I didn't file. I think the form isn't really written to accommodate people who have not filed tax returns for the last 3 years.

I neglected to mention, they also asked me for a notarized statement about how I was able to afford to send money to my fiancee. I thought it fitting to include evidence of the loans to support that statement.

Really I have a bad feeling that they will disapprove of these loans, but I AM a student and that's what students do when faced with extraordinary expenses. At least having a cosponsor might make everything OK (I hope).

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted (edited)

Thanks for the response. All it says is to provide a written explanation of why I didn't file. I think the form isn't really written to accommodate people who have not filed tax returns for the last 3 years.

I neglected to mention, they also asked me for a notarized statement about how I was able to afford to send money to my fiancee. I thought it fitting to include evidence of the loans to support that statement.

Really I have a bad feeling that they will disapprove of these loans, but I AM a student and that's what students do when faced with extraordinary expenses. At least having a cosponsor might make everything OK (I hope).

The form is meant to be used in any set of circumstances. Your situation (not being required to file ) is one. Provide the explanation along with the proper cite and you will have satisfied the requirement. Don't overthink it.

If the student loan is the source of the funds that you sent, then you ought to state that in your affidavit/statement. And provide as much documentation (bank statements, student loan accounting, etc.) so that the CO can connect the dots. They are looking to see if someone else is paying for your fiancee's visa. It would have been better not to disclose money sent to your fiancee, but that is past and cannot be undone.

You wouldn't be the first person to not use all the student loan proceeds for educational expenses. I participated in a lot of parties and roadtrips financed with student loan $$. The CO's approval of your use of the funds isn't at issue. How you were able to send money without an income is what you need to prove.

Edited by Anh map

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

 
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