3 years of personal income tax (federal only)

[YAS8MIKE 1]

A partial tax return is useless. If the 1040 and W2 for 2009 are everything that was included in his tax return, then a copy of that should be sufficient. Forget 2007 and 2008 - you don't have complete tax returns for those years.

Your fiance can call the IRS and get tax return transcripts for all three years. Five minutes on the phone, at no cost, and he'll get the transcripts within two weeks.

i have found his photocopy of 2008 w2(1page)

he files every year he just lost his copy of 2008w2

he got 2007 1040 but he said its not good to look at coz of tax probs that year. should i insist on including the rest of 2007 1040?

tnx

[JimVaPhuong 4,863]

Thank you for your explaination.From my tax return in 2008 I made $8000 and in 2009 I made only $1000 becasue I was and I am a fulltime student. In 2010 I worked 6 months with an income around $1300-1500 each month. But I also own a home which is valued for $145000 with a $127000 mortgage on this house.Do I still need a sponsor?

Your home is valued at $145,000 by whom? The consulate will only accept a recent appraisal by a certified appraiser. If your value is based on a tax assessment or a "comparables" evaluation you got on the internet then it won't be accepted. Assuming a certified appraiser has valued your home at $145,000, and your mortgage payoff is $127,000, then you've got $18,000 in equity. This can offset your by income by 1/3, or about $6000. Since the minimum income requirement for a household size of two is $18,212, you would need $12,212 in income to meet the absolute minimum requirement, presuming the consulate accepts your assets. They aren't required to with an I-134.

For the sake of argument, let's assume the consulate accepts your current income plus the amount of equity you claim to have in your home. You clear the minimum requirements by 12% to 31%. That would be enough. If they choose not to consider your equity, which would not be an unreasonable thing to do in the current housing market, then you don't qualify even if they presume your maximum monthly income of $1500. It would be wise for you to have a co-sponsor's affidavit of support and supporting documents ready, just in case.

i have found his photocopy of 2008 w2(1page)

he files every year he just lost his copy of 2008w2

he got 2007 1040 but he said its not good to look at coz of tax probs that year. should i insist on including the rest of 2007 1040?

tnx

Tell him to get an IRS transcript of his 2009 tax return. Presuming his total income is over $18,212 then he's qualified for a household size of two. That should be sufficient.

[sara2010 2]

Your home is valued at $145,000 by whom? The consulate will only accept a recent appraisal by a certified appraiser. If your value is based on a tax assessment or a "comparables" evaluation you got on the internet then it won't be accepted. Assuming a certified appraiser has valued your home at $145,000, and your mortgage payoff is $127,000, then you've got $18,000 in equity. This can offset your by income by 1/3, or about $6000. Since the minimum income requirement for a household size of two is $18,212, you would need $12,212 in income to meet the absolute minimum requirement, presuming the consulate accepts your assets. They aren't required to with an I-134.

For the sake of argument, let's assume the consulate accepts your current income plus the amount of equity you claim to have in your home. You clear the minimum requirements by 12% to 31%. That would be enough. If they choose not to consider your equity, which would not be an unreasonable thing to do in the current housing market, then you don't qualify even if they presume your maximum monthly income of $1500. It would be wise for you to have a co-sponsor's affidavit of support and supporting documents ready, just in case.

Tell him to get an IRS transcript of his 2009 tax return. Presuming his total income is over $18,212 then he's qualified for a household size of two. That should be sufficient.

My house is valued under a certified appraiser. What if I have nobody to sponsor,then I can not brnig my fiance

[ATPEACE 43]

YOU NEED A CO-SPONSOR.

[JimVaPhuong 4,863]

My house is valued under a certified appraiser. What if I have nobody to sponsor,then I can not brnig my fiance

Unlike the I-864, a consular officer has wide discretion with an I-134 affidavit of support. They aren't required to consider the assets you claim to have, though many do. They also aren't required to consider any evidence you have of current income (pay stubs, letter of employment, etc.), though many do. They aren't even required to accept your affidavit of support as sufficient, even if it appears that you meet the income/assets threshold. I've seen numerous cases where a consular officer looked ONLY at the total income from last year's tax return and said "Get a joint sponsor", and completely ignored other evidence of income and assets. Some consulates rarely accept a joint sponsor for a K visa, and simply deny the visa on the public charge grounds.

Depending on how the consular officer chooses to look at your affidavit of support, you either don't qualify or you barely qualify. In my opinion (which is no more or less valid than anyone elses) you are taking a risk of denial if you don't have a joint sponsor lined up and ready.

The problem is that you will be absolutely required to have a sponsor who can submit a sufficient affidavit of support when your fiance applies for a green card. There is much less discretion involved with the I-864. You either meet the requirements or you don't. If your husband doesn't have a qualified sponsor with sufficient income/assets then he won't get a green card - end of story. The consulate won't issue a visa if they aren't confident that the applicant will be able to adjust status after they arrive in the US.

[ATPEACE 43]

Unlike the I-864, a consular officer has wide discretion with an I-134 affidavit of support. They aren't required to consider the assets you claim to have, though many do. They also aren't required to consider any evidence you have of current income (pay stubs, letter of employment, etc.), though many do. They aren't even required to accept your affidavit of support as sufficient, even if it appears that you meet the income/assets threshold. I've seen numerous cases where a consular officer looked ONLY at the total income from last year's tax return and said "Get a joint sponsor", and completely ignored other evidence of income and assets. Some consulates rarely accept a joint sponsor for a K visa, and simply deny the visa on the public charge grounds.

Depending on how the consular officer chooses to look at your affidavit of support, you either don't qualify or you barely qualify. In my opinion (which is no more or less valid than anyone elses) you are taking a risk of denial if you don't have a joint sponsor lined up and ready.

The problem is that you will be absolutely required to have a sponsor who can submit a sufficient affidavit of support when your fiance applies for a green card. There is much less discretion involved with the I-864. You either meet the requirements or you don't. If your husband doesn't have a qualified sponsor with sufficient income/assets then he won't get a green card - end of story. The consulate won't issue a visa if they aren't confident that the applicant will be able to adjust status after they arrive in the US.

Jim, it probably would serve the VJ community if there was a whole forum on explaining the qualifications of needing a co-sponor vs not needing one. Myself finds it harding the number of people who needs co-sponor for just 2 people. But, that is not my place to judge, this is one of the things they should be considering before filing for a K1 or CR1. Not to find themselves in this postion at the time of interview.