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mrnaj86

I-134 Question: Enough income this year but no tax returns yet

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Hello all,

My fiancee will have her interview on Jan 23. The embassy requests documents (including 1-134 affidavit of support) to be mailed no later than 15 days prior to interview. But I don't believe I will have my 1040 form ready by that time.

Here the evidence that I can have by then, could you please let me know if you think that would be enough?

  1. 2012 Tax Returns (1040): I did not work during 2012 since I was focusing on graduate school. I did file for taxes because I had to withdraw my 401k for a medical emergency and because I had some income from a casual job at school. The total income was $10,500 and the adjusted gross income was $6,406. Only $324 were from salary.
  2. 2011 Tax Returns (1040): I had a full-time permanent job during that year and I made well over the poverty line.
  3. Possibly 2013 W2 Form: I currently have full-time job that pays well over poverty line.
  4. Letter from Employer: I have had my job since September 2013 but it is a full-time permanent job.
  5. Pay-stubs for the last 3 months

Do you think that would be enough? I'm really trying to avoid having a co-sponsor as much as possible.

Also there is some chance that I can get 2013 tax returns by the interview time (but not 15 days before that) - unless IRS delays the filling time this year. Do you think it is a good idea to send 2011/2012 tax returns before the interview and then have my fiancee present 2013 tax returns during the interview?

Thanks!

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Hello all,

My fiancee will have her interview on Jan 23. The embassy requests documents (including 1-134 affidavit of support) to be mailed no later than 15 days prior to interview. But I don't believe I will have my 1040 form ready by that time.

Here the evidence that I can have by then, could you please let me know if you think that would be enough?

  1. 2012 Tax Returns (1040): I did not work during 2012 since I was focusing on graduate school. I did file for taxes because I had to withdraw my 401k for a medical emergency and because I had some income from a casual job at school. The total income was $10,500 and the adjusted gross income was $6,406. Only $324 were from salary.
  2. 2011 Tax Returns (1040): I had a full-time permanent job during that year and I made well over the poverty line.
  3. Possibly 2013 W2 Form: I currently have full-time job that pays well over poverty line.
  4. Letter from Employer: I have had my job since September 2013 but it is a full-time permanent job.
  5. Pay-stubs for the last 3 months

Do you think that would be enough? I'm really trying to avoid having a co-sponsor as much as possible.

Also there is some chance that I can get 2013 tax returns by the interview time (but not 15 days before that) - unless IRS delays the filling time this year. Do you think it is a good idea to send 2011/2012 tax returns before the interview and then have my fiancee present 2013 tax returns during the interview?

Thanks!

Due to the government shutdown, the IRS is not accepting income tax returns until, I think I heard, January 28, 2014. You just need the employment letter, bank statements, and paystubs to show current income is sufficient to meet the 125% of the poverty level. Actually, if you read the instructions for the I-134, there is no place where it says you are required to include income tax returns. Most do because they will be needed in order to file the I-864 for adjustment of status (AOS). I would go to the IRS website and order a tax return transcript as it is a complete tax return and also very hard to fake. Too many people get an RFE for a form 1040 because they forgot the W-2 or a schedule or something else the USCIS is looking for to consider it a COMPLETE tax return. Plus you will have the 2013 tax transcript by the time you file for AOS.

Good luck,

Dave

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Thanks Dave! I've also got the same response about the need for complete tax information from an online attorney. But he also said that consulates are very strict on i-134 form and that they would be expecting complete tax information even for K1 interview. I'm thinking of postponing the interview until Feb 23 to give me a chance to send complete tax returns...

I'm curious if anyone here has a similar experience where s/he started working the same year s/he filed i-134?

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