No tax returns

[Iris & Mark 0]

Hi everyone!

I have a question about the interview at the Consulate and hope that you could help me.

My fiancé and I filed for a K1 visa in July and I am a little worried about the interview. My fiancé went to college in 2010 and he had a part time job, but did not have to file taxes because he was not making enough money. Now he does have a fulltime job however and he is going to file taxes for this year. I read though that for the interview at the Consulate, we need at least one year of tax return. And obviously we do not have that. We can complete the Affidavit of Support and he can get a letter from his employer, his bank and his latest pay stubs, that is not a problem. I am really worried about those tax papers though and wonder if it would be a problem if we do not have those.

I hope anyone can help me. Good luck everyone!

Iris

[bigdog 376]

He should have some tax filings, what about before 2010? Letter from his employer and pay stubs should help, along with letter of explanation. See of others from Netherlands has similar experience and interview with Embassy. Review the economic guidelines listed for this process.

[Iris & Mark 0]

He should have some tax filings, what about before 2010? Letter from his employer and pay stubs should help, along with letter of explanation. See of others from Netherlands has similar experience and interview with Embassy. Review the economic guidelines listed for this process.

The problem is that he has no tax filings at all. He is only 21 years old and has always gone to college, so this is actually the first year he has been working full time and needs to file taxes.

[Brian121957 43]

If his income was small he should have filed a 2010 to get a refund of taxes that were withheld from his pay check.

If he was paid in cash there was not likely anything withheld. There is also no pay stubs or any record he even had a job. If his employer paid in cash I would be very surprised that the employer would now provide documentation of his pay.

[Brian121957 43]

just seams odd, if he paid for school with part time work it paid well and he should have filed a tax return.

If his parents paid they have money and likely had some investments in his name. that to would have required him to file a tax return.

if he had grants or scholarships they almost always require a FASFA filing which wants a tax return.

if he had student loans they too use FASFA data.

[Iris & Mark 0]

If his income was small he should have filed a 2010 to get a refund of taxes that were withheld from his pay check.

If he was paid in cash there was not likely anything withheld. There is also no pay stubs or any record he even had a job. If his employer paid in cash I would be very surprised that the employer would now provide documentation of his pay.

He did not get paid in cash, but he only worked one or two months in 2010. Because of that, I thought he did not have to file taxes because he was under a certain income level. He is going to file taxes this year because he is above that income level and above the 125% poverty guideline now. I am just wondering if the Affidavit of Support, a letter from his employer who he works for now, his pay stubs and a letter explaining why he did not have to file taxes before will be enough for the Interview at the Consulate.

[Iris & Mark 0]

Wow really? He had student loans, so that is how he paid for college. I am just so confused now because he told me he did not have to file any taxes.

[Jojo92122 1,924]

Wow really? He had student loans, so that is how he paid for college. I am just so confused now because he told me he did not have to file any taxes.

Student loans are not taxable as income. If Mark earned less than the exempt amount (generally around $7000 for a single person), then he is not required to file a federal tax return.

Mark cannot submit tax returns if he is not required to file them. Explain that he was under the threshold for filing and was not required to file.

The potential problem that you have is Mark recently started to work this year. He will not have a history of stable long term income. This is different from a stable job. It's the lack of a history that may become a problem.

Go ahead and file the Affidavit of Support with the explanation that Mark was not required to file. If his short work history presents itself as a problem, the US Embassy will tell you that you need a joint sponsor.

[Brian121957 43]

If he had a part time job and taxes were withheld it is almost grarenteed that he would get a refund of the amount witheld. Even if he was not "required" to file do to income level. If you dont file you dont get a refund.

[Iris & Mark 0]

If he had a part time job and taxes were withheld it is almost grarenteed that he would get a refund of the amount witheld. Even if he was not "required" to file do to income level. If you dont file you dont get a refund.

Thank you all so much for your help! I hope his lack of work history is not going to be a problem. He makes around 35 000 dollars a year now, which is a lot more than the poverty guideline, so I hope it will all be ok. I have a really close friend in the US and she told me she wants to become my joint sponsor if I really need one, so we will be fine. Again, thank you!

[ann and aties 9]

"If he had a part time job and taxes were withheld it is almost grarenteed that he would get a refund of the amount witheld. Even if he was not "required" to file do to income level. If you dont file you dont get a refund. "

That could be a little misleading.............There is absolutely a possibility that he had no income taxes withheld and therefore would not file a return to get a refund.

[Dan & Jenni 457]

Thank you all so much for your help! I hope his lack of work history is not going to be a problem. He makes around 35 000 dollars a year now, which is a lot more than the poverty guideline, so I hope it will all be ok. I have a really close friend in the US and she told me she wants to become my joint sponsor if I really need one, so we will be fine. Again, thank you!

if you have someone willing to act as cosponsor who meets the requirements then why not have them fill out the form and take that to interview with you just in case you need it??

[DerZinker 4]

If you really want peace of mind - ask for an extension for your interview and have him go to an HR Block in the United States. They can quickly and readily file any back taxes for him and it really isn't particularly expensive (assume between $100-$200 USD). Then you'll have the back taxes and will be ready to go. They can probably get his back taxes filed in a matter of weeks.

Also as the last poster said - GET a Co-sponser. Definitely do that.