I-134 & Affidavit of Support - Without Tax Returns?

[Voe 1]

We are going to be filing for a K1 Visa soon, once my fiance has secured permanent full-time employment in the US.

But there's a bit more to it, until 6th Feb 2013, my fiance lived in the UK. He did work but it was cash in hand (£8k a year) and not declared anywhere. He hasn't filed any tax returns (he turned 18 last June, so can he get away with it?).

So what I'm worried about is when it gets to my interview at the London embassy, will it matter that he doesn't have any tax returns? By then he will have been working for a few months, and will have pay stubs, and a letter from his employer confirming his full time and permanent work, and a letter from his bank. Will that be enough? If not what would be our best way to approach the situation?

EDIT: I forgot to mention he should be making well above the poverty guidelines. Hopefully at least 30k a year.

Edited February 12, 2013 by Raddish

[HollyandSim 7]

We are going to be filing for a K1 Visa soon, once my fiance has secured permanent full-time employment in the US.

But there's a bit more to it, until 6th Feb 2013, my fiance lived in the UK. He did work but it was cash in hand (£8k a year) and not declared anywhere. He hasn't filed any tax returns (he turned 18 last June, so can he get away with it?).

So what I'm worried about is when it gets to my interview at the London embassy, will it matter that he doesn't have any tax returns? By then he will have been working for a few months, and will have pay stubs, and a letter from his employer confirming his full time and permanent work, and a letter from his bank. Will that be enough? If not what would be our best way to approach the situation?

EDIT: I forgot to mention he should be making well above the poverty guidelines. Hopefully at least 30k a year.

Honestly, if you haven't filed yet, he may have his W2 before the interview. We filed in June of last year and our interview isn't scheduled yet. I have a letter from my employer and my W2 from 2012. From what I've heard, though a letter and paystubs should be enough for London.

[Voe 1]

Honestly, if you haven't filed yet, he may have his W2 before the interview. We filed in June of last year and our interview isn't scheduled yet. I have a letter from my employer and my W2 from 2012. From what I've heard, though a letter and paystubs should be enough for London.

Thanks for the reply. I'm shocked you haven't had your interview yet.

I don't really know much about the way it works in the US. When would he get his W2? Would it be April? If so, would the W2 not say he hasn't earned much over the year, which would then affect him sponsoring me. Or does it not work like that?

[Nich-Nick 3,354]

We are going to be filing for a K1 Visa soon, once my fiance has secured permanent full-time employment in the US.

But there's a bit more to it, until 6th Feb 2013, my fiance lived in the UK. He did work but it was cash in hand (£8k a year) and not declared anywhere. He hasn't filed any tax returns (he turned 18 last June, so can he get away with it?).

So what I'm worried about is when it gets to my interview at the London embassy, will it matter that he doesn't have any tax returns? By then he will have been working for a few months, and will have pay stubs, and a letter from his employer confirming his full time and permanent work, and a letter from his bank. Will that be enough? If not what would be our best way to approach the situation?

EDIT: I forgot to mention he should be making well above the poverty guidelines. Hopefully at least 30k a year.

A tax return is not required for the I-134. It is a concern when you file for adjustment of status in the US. So moving forward to after your marriage as something to think about---

You can download from the USCIS website the instructions for the I-864 to read all the details and learn them for yourself. But the only way to have the I-864 accepted is with his most recent tax return (2012 due at the IRS April 15, 2013) or a statement from him why he was not required to file.

These are not valid or legal reasons for not filing:

• Being out of the country in 2012. US citizens are required to report their foreign income on a US tax return, no matter where they live.
  
• Receiving cash in hand. He still is supposed to report it to the IRS. Unreported income is fraudulent in both countries.
  
• Being under 18 years old. Even a 5 year old who is claimed as a dependent of his parent but earns at least $5950 income has to file a return. A single person not claimed on their parent's return must file if they earned $9750. Your fiancé earned around $12,000.
  

His mother likely can not claim him as a dependent on her tax return if he didn't live with her over half the year and he was not a full- time student and she did not provide over half his support. Or maybe she did.

If he did not earn any income, then he can write a statement for the I-864 saying "I earned zero dollars in income in 2012 and thus was not required to file a tax return". That of course is a lie and fraud and tax evasion, but his decision. Will he get caught? Maybe not.

The other concern about your interview and the I-134 being believable with only two months pay stubs is ---how in the heck can an 18 year old who spent the last year in England suddenly get a $30k/yr job? Did he graduate from high school? Maybe have another sponsor do an I-134 as backup In case only two months work history doesn't quite satisfy them.

Edit to add: he will get a W2 in January 2014 showing what he earned at his US job in the calendar year 2013. I'm confused now. Have you not filed yet? I thought you had an interview expected soon and he just returned to the US and is starting his job immediately and that's why you said he'd only have 2 months proof by your interview.

Edited February 12, 2013 by Nich-Nick

[HollyandSim 7]

Thanks for the reply. I'm shocked you haven't had your interview yet.

I don't really know much about the way it works in the US. When would he get his W2? Would it be April? If so, would the W2 not say he hasn't earned much over the year, which would then affect him sponsoring me. Or does it not work like that?

Your W2 shows how much you've made in the year, so he'll get his 2013 W2 from his employer by 1/31/14. He'll need that to file his taxes, which are due in April.

Either way, he'll probably be fine with his employer letter and pay check stubs.

Yep, no interview here yet. I think they're still behind from the holidays.

[Voe 1]

A tax return is not required for the I-134. It is a concern when you file for adjustment of status in the US. So moving forward to after your marriage as something to think about---

You can download from the USCIS website the instructions for the I-864 to read all the details and learn them for yourself. But the only way to have the I-864 accepted is with his most recent tax return (2012 due at the IRS April 15, 2013) or a statement from him why he was not required to file.

These are not valid or legal reasons for not filing:

• Being out of the country in 2012. US citizens are required to report their foreign income on a US tax return, no matter where they live.
• Receiving cash in hand. He still is supposed to report it to the IRS. Unreported income is fraudulent in both countries.
• Being under 18 years old. Even a 5 year old who is claimed as a dependent of his parent but earns at least $5950 income has to file a return. A single person not claimed on their parent's return must file if they earned $9750. Your fiancé earned around $12,000.

His mother likely can not claim him as a dependent on her tax return if he didn't live with her over half the year and he was not a full- time student and she did not provide over half his support. Or maybe she did.

If he did not earn any income, then he can write a statement for the I-864 saying "I earned zero dollars in income in 2012 and thus was not required to file a tax return". That of course is a lie and fraud and tax evasion, but his decision. Will he get caught? Maybe not.

The other concern about your interview and the I-134 being believable with only two months pay stubs is ---how in the heck can an 18 year old who spent the last year in England suddenly get a $30k/yr job? Did he graduate from high school? Maybe have another sponsor do an I-134 as backup In case only two months work history doesn't quite satisfy them.

Edit to add: he will get a W2 in January 2014 showing what he earned at his US job in the calendar year 2013. I'm confused now. Have you not filed yet? I thought you had an interview expected soon and he just returned to the US and is starting his job immediately and that's why you said he'd only have 2 months proof by your interview.

Okay so, I'll make sure he does file for when he was in the UK ASAP. And he won't lie about it (we're not like that).

And I never actually said it would only be two months pay stubs. It will be however many he gets from the time we file our I-129F to when I get my interview. So I'm expecting 4+ at least.

He went to college in the UK and got what is apparently a valuable qualification in the US, and he has 3 years work experience in the IT industry over here.

We may consider getting someone else to sponsor, just in case, but if possible we would like him to be able to sponsor me alone. I guess we'll review that part closer to the time.

We haven't filed yet, we're still in the process of gathering our proof and him gaining employment before we file our I-129F.

[Nich-Nick 3,354]

Okay so, I'll make sure he does file for when he was in the UK ASAP. And he won't lie about it (we're not like that).

And I never actually said it would only be two months pay stubs. It will be however many he gets from the time we file our I-129F to when I get my interview. So I'm expecting 4+ at least.

He went to college in the UK and got what is apparently a valuable qualification in the US, and he has 3 years work experience in the IT industry over here.

We may consider getting someone else to sponsor, just in case, but if possible we would like him to be able to sponsor me alone. I guess we'll review that part closer to the time.

We haven't filed yet, we're still in the process of gathering our proof and him gaining employment before we file our I-129F.

I didn't mean to sound harsh, but many people truly believe if they get cash, they are excused from tax obligations. And they pretty much get away with it. But I felt I needed to give the legal reply. If he files a 2012 tax return, he might qualify for the foreign income exclusion. The foreign income is self reported and doesn't require UK forms, but there are certain ways to qualify which he may or may not meet.

And apologies for not following the plot better. He could have a good work history by the time you get to London for an interview. And by the time you file for adjustment of status (most likely 2014), he will be able to show a 2013 tax return. In the US, tax year is Jan1-Dec 31.

[Voe 1]

I didn't mean to sound harsh, but many people truly believe if they get cash, they are excused from tax obligations. And they pretty much get away with it. But I felt I needed to give the legal reply. If he files a 2012 tax return, he might qualify for the foreign income exclusion. The foreign income is self reported and doesn't require UK forms, but there are certain ways to qualify which he may or may not meet.

And apologies for not following the plot better. He could have a good work history by the time you get to London for an interview. And by the time you file for adjustment of status (most likely 2014), he will be able to show a 2013 tax return. In the US, tax year is Jan1-Dec 31.

I've just read up on the foreign income exclusion, and I think he does qualify. He's going to file for 2012 and see what happens. So thanks for the advice regarding that.