Really need information about the money situation

[phyxsius 1]

Let me start off by saying that I am from Sweden, my girlfriend lives in the u.s and is born here.

We want to file for a k-1 visa and get me over to marry.

Now, this is where i need your help.

We have sorted out all the paperwork and such that is needed so that is fine

she is 23 years old, she graduated college this spring and she just landed a job last week "full time"

I was wondering. i know that the amount that u have to earn a year is 21,000 or something similar in order to be accepted as the sponsor.

She will be making twice that amount, but the question i have is..

how long does she have to work there in order for them to take it serious ?

By the time they require her to fill in the sponsorform "guessing that will take 4-6 months?" then she would have been working there for half a year.

she is currently living at home but is moving out within 2 months

would they decline us because she has not worked for over 1 year? even if her annual salary is way above the sponsorship requirement?

please, if anyone have any information. please fill me in,

i heard a rumor that they would decline us because she as an individual did not file any taxes herself they would decline her for not being in the tax system

any kind of information that you might have will be perfect

i also know that her employeer needs to fill in a statement, which isnt a problem

and i also know that you can have more then 1 sponsor, but we cannot solve that, she would be the only sponsor..

advice, tips, insight.. ill take anything

[thelastpetitioner 218]

they would decline you if you applied right now,with no tax return,no income and no sponsor,under guidelines to top it off.

she needs to be able to prove that her past years income was over 18,212 that the guidelines for a household of two are.

at this point,she cant prove it,she can wait a year to be able to show that she is well over the guidelines,OR file now with a co sponsor which you mentioned you cant provide.

another solution would be assets,for each dollar that youre short in the income,you have to make up for it with 3 dollars in assets,im assuming she has not had an income in the past year.so that will be 18,212 times 3,which will be 57,000.

assets are properties that can be turned into cash within one year without physical or financial hardship.

im sure if you read the guidelines or go through this part of this forum youll find more.good luck

[VanessaTony 3,567]

would they decline us because she has not worked for over 1 year? even if her annual salary is way above the sponsorship requirement? No. If her 2010 taxes (which you can use by then) are under the $18,212 for a 2 person household, they accept a letter from her employer and payslips as proof of income

i heard a rumor that they would decline us because she as an individual did not file any taxes herself they would decline her for not being in the tax system What do you mean "not in the tax system?" Doesnt she file her taxes? She has to include (with AOS) proof of her taxes for the last 3 years. If she didn't earn enough to file taxes then she needs to include a letter stating that. If she needed to file and hasn't, she will need to file

and i also know that you can have more then 1 sponsor, but we cannot solve that, she would be the only sponsor..You CAN have a joint sponsor but that's only if you don't meet the income requirements. She does so you don't need one.

[VanessaTony 3,567]

they would decline you if you applied right now,with no tax return,no income and no sponsor,under guidelines to top it off.

she needs to be able to prove that her past years income was over 18,212 that the guidelines for a household of two are.

at this point,she cant prove it,she can wait a year to be able to show that she is well over the guidelines,OR file now with a co sponsor which you mentioned you cant provide.

another solution would be assets,for each dollar that youre short in the income,you have to make up for it with 3 dollars in assets,im assuming she has not had an income in the past year.so that will be 18,212 times 3,which will be 57,000.

assets are properties that can be turned into cash within one year without physical or financial hardship.

im sure if you read the guidelines or go through this part of this forum youll find more.good luck

No. She needs to prove her CURRENT income is above $18,212. That is why employer letters and payslips are requested. The OP's situation is fine. There is no "must have been working there for X months" requirement... not in the I-134 or I-864. There MIGHT be a consulate requirement (the US consulate in the Philippines for example likes to through in some extra stuff for themselves)

[thelastpetitioner 218]

No. She needs to prove her CURRENT income is above $18,212. That is why employer letters and payslips are requested. The OP's situation is fine. There is no "must have been working there for X months" requirement... not in the I-134 or I-864. There MIGHT be a consulate requirement (the US consulate in the Philippines for example likes to through in some extra stuff for themselves)

how about the consistency of her pay? i always assumed that the reason they require pay stubs for about a year prior is to make sure that the petitioner has a stable source of income,same about the three year prior tax returns.

[phyxsius 1]

thanks for the replies,

let me try to clarify alittle bit

she has had part time jobs during her course of school, but as an individual she has not filed taxes, atleast not during 2009.

she does not have any assets

but just as an example: what if she had 19,000 dollars in her savings account ? would that count for anything? or would we still need to wait over 1 year now for her to get her first taxpapers in order to move on ?

id say getting 19,000 dollars would go alot faster then waiting i guess over 1 full year for her to get the taxreturn

vanessa:

the 2010 tax slip, when would that arrive?

she starts her job on monday, by the time it processes "lets say we wait 3 months to file it, then by the time they ask for her income, she would have worked there for some time..

keep in mind, she has not worked fulltime before this, so starting fresh on monday, wait 3 months then apply and wait for the process "which takes 5 months?" then she would have been working for 8 months already, and can easily show payslips, letter from employer

can she request a tax paper anytime she wants or is it a specific dates she receives it on every year?

Edited November 12, 2010 by phyxsius

[SabrinaFrance 8]

We were in the same situation last year. My fiance had only had his job for a couple weeks when we applied (he had just graduated).

We got a co-sponsor (just in case), but the Embassy in Paris did not take the co-sponsor paperwork saying that my fiance's current income was enough, even if he had no tax history for the past 3 years (he had been living with me in France).

[phyxsius 1]

so having no tax history at all does not matter?

can anyone else confirm this?

she has NO tax history

her annual income would be 38,000 just to add that as well.

would recent pay stubs, letter from employeer be enough?

[VanessaTony 3,567]

so having no tax history at all does not matter?

can anyone else confirm this?

she has NO tax history

her annual income would be 38,000 just to add that as well.

would recent pay stubs, letter from employeer be enough?

For the I-134 taxes are irrelevant. It's when you get to AOS and the I-864 that tax returns are required.

For the I-134 she only need a letter from her employer stating when she started there and her annual income and position. The I-134 also asks for a letter from her bank stating how long she's had the account and how much has been deposited in the last year. She can also include payslips to show her income.

For the I-864 which is needed for AOS she NEEDS to have filed her taxes, as I said. If she didn't need to file her taxes (didn't earn enough for example) then she will need to include a statement saying that. Again this is for AOS which isn't until you arrive in the US and marry.

[thelastpetitioner 218]

so having no tax history at all does not matter?

can anyone else confirm this?

she has NO tax history

her annual income would be 38,000 just to add that as well.

would recent pay stubs, letter from employeer be enough?

have you looked at your embassy's instruction?they usually mention their requirements as far as financial support goes.

[VanessaTony 3,567]

how about the consistency of her pay? i always assumed that the reason they require pay stubs for about a year prior is to make sure that the petitioner has a stable source of income,same about the three year prior tax returns.

There is no requirement for paystubs or tax returns for the I-134. The I-134 only requires a letter from employer, and a letter from your bank. Some consulates (like the Philippines) alter their requirements to suit their purposes (for whatever reasons). Australia only goes by the form instructions so that's why I only included what the form asks for, letter from employer and letter from bank/s

[thelastpetitioner 218]

There is no requirement for paystubs or tax returns for the I-134. The I-134 only requires a letter from employer, and a letter from your bank. Some consulates (like the Philippines) alter their requirements to suit their purposes (for whatever reasons). Australia only goes by the form instructions so that's why I only included what the form asks for, letter from employer and letter from bank/s

ooo,thanks.you learn new things every day

[phyxsius 1]

okay thanks.

the reason why i have to ask is because her mother went to the lawyers today and he said that she needs taxpapers, which is false then

so basically

when she needs to fill in the i-134 she just needs a paper from her employeer and a paper from her bank stating that she makes well over the amount

about the i-864 form which she has to file when i come over, can they actually reject her? reason for not having having filed for taxes last year is simple.. she was still in school and her mom paid for everything

what happens if she gets rejected ? do they send me back?

[VanessaTony 3,567]

okay thanks.

the reason why i have to ask is because her mother went to the lawyers today and he said that she needs taxpapers, which is false then

so basically

when she needs to fill in the i-134 she just needs a paper from her employeer and a paper from her bank stating that she makes well over the amount

about the i-864 form which she has to file when i come over, can they actually reject her? reason for not having having filed for taxes last year is simple.. she was still in school and her mom paid for everything

what happens if she gets rejected ? do they send me back?

Not immediately send you back no. Okay you're confusing things.. so please chill out.

IF your fiancee earnt enough money to file taxes then she should have filed taxes. Here are some links for her to read:

- http://turbotax.intuit.com/support/iq/Other-Tax-Situations/Do-I-Need-to-File-a-2009-Income-Tax-Return-/GEN12413.html (income amounts required to file)

- http://www.irs.gov/newsroom/article/0,,id=105097,00.html (reasons she might want to file such as getting money back)

- http://www.irs.gov/individuals/article/0,,id=96623,00.html (this is for 07 and there's money she could have received from the government by filing)

If your fiancee did not earn enough to file taxes then she would SIMPLY include a letter stating she was a student and did not earn enough money to file a return. If she didn't need to file one for 2010 she could include her employer letter and paystubs to show that her income NOW is enough to support you. Plenty of people do it that way.

If when it comes to AOS she doesn't earn enough you would get a co-sponsor. This can be a friend or family member but must be a USC. You wouldn't just be kicked out. You would be given a chance to appeal, to locate a co-sponsor and to meet the requirements. If she can't meet the requirements and can't find a co-sponsor then yes, your AOS would be denied and you would eventually be deported.

[Anh map 2,098]

thanks for the replies,

let me try to clarify alittle bit

she has had part time jobs during her course of school, but as an individual she has not filed taxes, atleast not during 2009.

she does not have any assets

but just as an example: what if she had 19,000 dollars in her savings account ? would that count for anything? or would we still need to wait over 1 year now for her to get her first taxpapers in order to move on ?

id say getting 19,000 dollars would go alot faster then waiting i guess over 1 full year for her to get the taxreturn

vanessa:

the 2010 tax slip, when would that arrive?

she starts her job on monday, by the time it processes "lets say we wait 3 months to file it, then by the time they ask for her income, she would have worked there for some time..

keep in mind, she has not worked fulltime before this, so starting fresh on monday, wait 3 months then apply and wait for the process "which takes 5 months?" then she would have been working for 8 months already, and can easily show payslips, letter from employer

can she request a tax paper anytime she wants or is it a specific dates she receives it on every year?

To know what is expected by the interviewing officer it is best that you seek confirmation from VJ members that have been interviewed (recently) in Stockholm. Do some reading in the Europe and Eurasia regional forum.

Your US citizen fiancee will need to provide proof of their income claim. The level of detail needed varies from case to case as well as from embassy/consulate to another. If you send more proof than needed you have wasted paper. If you send less than needed that may cause a delay.

If she has a large savings account and has maintained that balance ($18,212 X 3) for a year or so that may be accepted as an asset. Having a parent or other person plop a bunch of money into an account a month before may not be accepted.

From what you are saying her annualized income ought to be plenty and proof of that income using recent paystubs and an employer letter sufficient.

As the form I-134 instructions are a bit thin you can refer to the form I-864 instructions to clarify questions. For K visa petitions often the same standards are applied.