Completing Affidavit of Support outside of United States

[kinab001 0]

My name is Kayce and I am an American engaged to Dean, who is British. We are in the process of filing for a K-1 fiancé visa. Dean has just received his packet from the London embassy. I have some questions regarding the I-134.

I am currently in the UK with Dean on a tourist visa while we wait for Dean’s application to be processed and I will not be going back to America before he will send in his forms. The I-134 says if it is completed outside the United States it must be sworn to or notice affirmed before a U.S. consular or immigration officer. What exactly does this entail? Would I have to make an appointment with the embassy in order to do this?

Assuming doing this is a lot of hassle (and I’ll be shocked if it isn’t) is there any way around it? I read in the forum that it is not essential to use the I-134 form for a K-1 petition, only recommended because it is a good way to give detailed information about my finances. My father will be Dean’s co-sponsor as I do not make enough money to support him on my own at the moment.

I would still like to provide all of the information requested on the I-134, but I’m not sure how to go about getting it notarized. Any thoughts?

-----------------------------------------

My next question is slightly more complicated. Dean and I run an online business which we started in July of 2005. We have actually been working together during this time (I have been in the UK for most of 2005 and 2006 as a student), but for tax purposes we file separately (we are paid by different websites, some based in the US and some in the UK). All money that is paid by US customers with US payment processors is paid into my American bank account and I pay tax on it and vice versa.

Technically (the money that actually goes through my account), I make half of what we earn and Dean makes the other half. Separately it is below the poverty line, but together it is over. When we go to America we would like to continue this business together. We will have all of the money we earn paid into my American bank account. Is there any way to show this to the immigration official?

I know that technically the foreign fiancé’s finances don’t mean squat, but I also know there is something in one of these forms about employment once he reaches America. He does have guaranteed employment with me, but it would be as a partnership with no set annual income etc.

I don’t know if I can make this work to my advantage at all, but you never know unless you ask.

My last question is regarding tax returns. Since I started my business in July 2005 my tax return for 2005 is pitiful. 2006 will be a lot better, but as it’s not quite December yet I won’t have filed a tax return and gotten it back by the time we send in these forms. Is there an acceptable way to show the money I’ve made this year?

[Yodrak 7]

kinab001,

To get your I-134 notarized you can visit the consular section during American Citizen Service hours (when you might have to pay the $30 fee) or you can ask if it can be notarized at the visa interview (when they might do it for no charge).

Your business sounds intriguing - present it to the consular officer just as you have here, and be prepared to document the arrangements you've outlined and answer questions.

You haven't been making quarterly reports and estimated tax payments to the IRS?

Yodrak

My name is Kayce and I am an American engaged to Dean, who is British. We are in the process of filing for a K-1 fiancé visa. Dean has just received his packet from the London embassy. I have some questions regarding the I-134.

I am currently in the UK with Dean on a tourist visa while we wait for Dean’s application to be processed and I will not be going back to America before he will send in his forms. The I-134 says if it is completed outside the United States it must be sworn to or notice affirmed before a U.S. consular or immigration officer. What exactly does this entail? Would I have to make an appointment with the embassy in order to do this?

Assuming doing this is a lot of hassle (and I’ll be shocked if it isn’t) is there any way around it? I read in the forum that it is not essential to use the I-134 form for a K-1 petition, only recommended because it is a good way to give detailed information about my finances. My father will be Dean’s co-sponsor as I do not make enough money to support him on my own at the moment.

I would still like to provide all of the information requested on the I-134, but I’m not sure how to go about getting it notarized. Any thoughts?

-----------------------------------------

My next question is slightly more complicated. Dean and I run an online business which we started in July of 2005. We have actually been working together during this time (I have been in the UK for most of 2005 and 2006 as a student), but for tax purposes we file separately (we are paid by different websites, some based in the US and some in the UK). All money that is paid by US customers with US payment processors is paid into my American bank account and I pay tax on it and vice versa.

Technically (the money that actually goes through my account), I make half of what we earn and Dean makes the other half. Separately it is below the poverty line, but together it is over. When we go to America we would like to continue this business together. We will have all of the money we earn paid into my American bank account. Is there any way to show this to the immigration official?

I know that technically the foreign fiancé’s finances don’t mean squat, but I also know there is something in one of these forms about employment once he reaches America. He does have guaranteed employment with me, but it would be as a partnership with no set annual income etc.

I don’t know if I can make this work to my advantage at all, but you never know unless you ask.

My last question is regarding tax returns. Since I started my business in July 2005 my tax return for 2005 is pitiful. 2006 will be a lot better, but as it’s not quite December yet I won’t have filed a tax return and gotten it back by the time we send in these forms. Is there an acceptable way to show the money I’ve made this year?

[kinab001 0]

You haven't been making quarterly reports and estimated tax payments to the IRS?

No I haven't. I wasn't really aware that I needed to. Not to sound pathetic, but I'm 20! I take my information to my mom's income tax guy and he tells me what I need to pay. I've only ever filed income tax once (last year) and it was for one modeling job (only $3,000) and I didn't earn enough to actually pay anything. This is the first year I've really made enough money to count.

Another thing I'm worried about is that I'm technically not allowed to work in the UK on a tourist visa (which is what I'm on now) and even though a student (what I was before) can work part-time you're not allowed to be self-employed.

I sell items, mostly photos and videos, so I don't really do any WORK while I'm here (except answer emails). But does it still count as me working on a visa that doesn't allow me to work? I'm worried that the immigration official will see that as me willing to go against the guidelines of my visa and hold it against us (but my visa is for the UK not the US so maybe I'm worried about nothing).

[Bruce n Jen 0]

You haven't been making quarterly reports and estimated tax payments to the IRS?

Yodrak

Quarterly reports and estimated tax payments aren't going to document income. I do these actions for my practice and personal income. That would not show my present income for any real purposes. What would is below. The only quarterly reports are for paying withholding taxes on employees.

As for documenting 2006, an accountant should be able to produce some documentation, ie balance sheet, profit and loss statement. Those would be required if applying for a mortgage or some other loans.

[Yodrak 7]

kinab001,

brucejg points out that I'm mistaken about the quarterly reports.

As for you working without permission in the UK, the issue of concern here is your income as you can document it for the DoS - whether you consider where that income came from as 'work' or not.

Yodrak

You haven't been making quarterly reports and estimated tax payments to the IRS?

No I haven't. I wasn't really aware that I needed to. Not to sound pathetic, but I'm 20! I take my information to my mom's income tax guy and he tells me what I need to pay. I've only ever filed income tax once (last year) and it was for one modeling job (only $3,000) and I didn't earn enough to actually pay anything. This is the first year I've really made enough money to count.

Another thing I'm worried about is that I'm technically not allowed to work in the UK on a tourist visa (which is what I'm on now) and even though a student (what I was before) can work part-time you're not allowed to be self-employed.

I sell items, mostly photos and videos, so I don't really do any WORK while I'm here (except answer emails). But does it still count as me working on a visa that doesn't allow me to work? I'm worried that the immigration official will see that as me willing to go against the guidelines of my visa and hold it against us (but my visa is for the UK not the US so maybe I'm worried about nothing).

brucejg,

Thanks for correcting me on that.

Yodrak

You haven't been making quarterly reports and estimated tax payments to the IRS?

Yodrak

Quarterly reports and estimated tax payments aren't going to document income. I do these actions for my practice and personal income. That would not show my present income for any real purposes. What would is below. The only quarterly reports are for paying withholding taxes on employees.

As for documenting 2006, an accountant should be able to produce some documentation, ie balance sheet, profit and loss statement. Those would be required if applying for a mortgage or some other loans.

Edited November 29, 2006 by Yodrak

[a&o 4]

kinab001,

I did the I-134 outside of the U.S. I brought the form to the U.S. Citizen Services department at the consulate here in Accra and they notarized the form for free because it is a form they require. I was prepared to pay the 30 bucks, so it was a nice surprise.

[Bruce n Jen 0]

brucejg,

Thanks for correcting me on that.

Yodrak

Yodrak - no problem, it's a group effort here - glad to help....

[kinab001 0]

Thanks for all the help guys. I will try and get to the embassy to have it notarised and speak to my mom's accountant about documenting my income somehow. Thanks!