Affadavit of support, tax returns, co sponsor - so confused pls help

[mimi and sean 9]

I'm really confused and hoping someone can shed some light on this for me. I have alot of time before NOA2 but while we are waiting I'm trying to get my ducks in a row for the next chapter. I know that I am the main sponsor for my fiance and that past tax returns need to be sent in, here's the problem - I am unemployed and have been for some time. I was a stay at home mom and my ex- husband was the wage earner for 10 years. In 2008 we seperated, went through a long ugly divorce. Divorce was made final November 2010. I have received a small spousal support settlement and continue to receive child support. I am waiting to receive my portion of the marital assets (401K and IRA division) but of course there has been a delay and I don't even know yet the exact amount I will be receiving. So, I have no income therefor have not filed taxes. All previous tax years I was on my (ex)husbands return. My question is how do I fulfill the requirement to present returns when I haven't had any income to claim? Obviously since I'm not working and only get child support, we have another sponsor. My mom makes well over the 125%, has worked in the same company for over 20 years, and is going to sponsor my fiance and also provide us with a place to live until we get on our feet. I know we will need to present her returns and that is not a problem. So, my questions are:

1. How can I give them tax returns I don't have, can I just explain that I was not earning enough to file?

2. Does anyone think I will have a problem getting approved based on my employment status, or will my moms sponsorship be all we need?

I sincerely appreciate any advice/information anyone has, ty!

[Alex&Mari 0]

Hi!!! I'm new too in this K-1 process but I have read enough. You will have to present two (2) I-134F. Since you are the petitioner, you must fill out the form I-134F and your mom as the co-sponsor. Only put the truth in yours. You could include a separate sheet explaining the lack of documentation of past years that you weren't earning an income. No problems if your mom meets the income needed. Good luck!

[curvebell 29]

According to the i-134 instructions you only need to present tax returns if you are self employed. It's on page one of the i-134 instructions here--> http://www.uscis.gov/files/form/i-134instr.pdf

I don't think you would have any problem being approved based on your current employment status - there are students here that apply for K-1's. As long as the co-sponsor makes above the threshold for the household size then you should be fine.

I used a co-sponsor since my fiance is just out of college and has only been working for a couple of months. The only supporting documents they submitted were letters from employer and bank statements.

You might want to check with the Canada regional forum.

Good luck

[max+patricia 24]

If your co-sponsor makes above the required amount, your income won't be an issue.

The co-sponsor will need to provide tax transcripts or returns with their I-134. The form instructions aren't the final word on a consulate officers discretion - an example being that the form instructions also say that income must exceed 100% of the poverty level, which is typically not the case (most consulates require you show income exceeding 125% since you have to meet this requirement when adjusting status a few months later)

Your co-sponsor's I-134 will be filled out separately from yours, and should include recent paystubs and a letter of employment.