affidavit of support - is tax return/1040 necessary?

[Oli&Marie 2]

Hi all,

I'm afraid I'm in a bit of a pickle. I have my K1 visa interview next week (thursday). Since my future mother-in-law is going to be my sponsor, she and my fiancé has sent me the I-134 form and her W2's, but not her 1040. For some reason she wasn't crazy about sharing/mailing that kind of information. Do you think that will be a problem at the interview? I do have my fiancé's tax information and pay stubs, but he doesn't make quite enough money to be my sponsor.

Quick replys will be highly appreciated. Thank you so much!

/Marie

Edited November 7, 2015 by Oli&Marie

[Anh map 2,098]

What did she send to prove current income? W2 is last year and in no way gives evidence of current earnings.

If your sponsor doesn't want to supply the needed documents then get a new sponsor. Now all you can do is hope for the best. If it creates a delay then address the problem.

[aaron2020 11,651]

Hi all,

I'm afraid I'm in a bit of a pickle. I have my K1 visa interview next week (thursday). Since my future mother-in-law is going to be my sponsor, she and my fiancé has sent me the I-134 form and her W2's, but not her 1040. For some reason she wasn't crazy about sharing/mailing that kind of information. Do you think that will be a problem at the interview? I do have my fiancé's tax information and pay stubs, but he doesn't make quite enough money to be my sponsor.

Quick replys will be highly appreciated. Thank you so much!

/Marie

Hi,

Did she send the 1040 in with the I-134 to the NVC?

If no, then it's a problem since a complete tax return is required. Complete tax return means the W-2s, the 1040, and other documents sent in to the IRS. You will not get a K-1 visa if she does not provide the required information.

If yes, then it may not be a problem since she already submitted the 1040.

Best of luck

Edited November 7, 2015 by aaron2020

[Ash.1101 1,756]

Hi,

Did she send the 1040 in with the I-134 to the NVC?

If no, then it's a problem since a complete tax return is required. Complete tax return means the W-2s, the 1040, and other documents sent in to the IRS. You will not get a K-1 visa if she does not provide the required information.

If yes, then it may not be a problem since she already submitted the 1040.

Best of luck

For K1 you don't send anything through the NVC, nor do they look at any financial records or ask for them until the interview for K1. I'm assuming if the mother in law had issues mailing the tax return in general, it wasn't included as front loading in the I-129F packet.

As for not wanting to send the tax returns I understand, we were going to use my grandparents as cosponsors at some point and that was their main concern was they did not want to send it. They didn't want the info getting lost in the mail or the wrong hands.

More importantly, did your cosponsor send you information about CURRENT income? A letter from their employer and a month or so of paystubs? Did both your fiance and your cosponsor send paystubs?

Proving CURRENT income is the most important. While it's hard to get by without tax returns in some cases, if you can prove that they make enough currently without a reasonable doubt, then you should be okay. But to do this you would need an employer letter saying that their job is permanent, how long they've worked there, and their estimated annual income for the next 12 months, signed and done by the sponsor and cosponsors respective employers.

If your cosponsor ONLY sent a W2 and a filed out I-134 then there's a good chance they're going to ask for more information and ask for the tax returns and/or proof of current income and put ya'll under Admin Processing until you get the documents in.

[Oli&Marie 2]

thanks everyone for clarifying. your responses are indeed very helpful. it looks like my fiancé and his mother need to make an express delivery...

Regarding proof of current income: it's interesting because I contacted the Embassy in Stockholm, where i have my interview, about what kind of evidence of support they need to see. and literally all they told me to bring is i-134, tax returns and w-2. They said nothing about proof of current income. so that's what i told my fiancé. Now I don't know what to believe anymore...

[Happyandlucky123 0]

My fiance and I were also worried. Hes pay is more than above the poverty guide, he also have W2, and he can get a letter from his employer. Be he have issues with his taxes and stopped paying it about 3 years ago. I hope you guys have suggestions on the best thing to do.. We just filed ours this November and waiting for NOA2. Thank you.

[Georgia16 2,858]

Ask in the Scandinavian forum since they have been to Stockholm. Ask what they had to show

[aaron2020 11,651]

My fiance and I were also worried. Hes pay is more than above the poverty guide, he also have W2, and he can get a letter from his employer. Be he have issues with his taxes and stopped paying it about 3 years ago. I hope you guys have suggestions on the best thing to do.. We just filed ours this November and waiting for NOA2. Thank you.

Best thing to do is file tax returns for the last 3 years since he made more than above the poverty line. No tax returns = no visa for you. Tax returns are required.

[Ash.1101 1,756]

thanks everyone for clarifying. your responses are indeed very helpful. it looks like my fiancé and his mother need to make an express delivery...

Regarding proof of current income: it's interesting because I contacted the Embassy in Stockholm, where i have my interview, about what kind of evidence of support they need to see. and literally all they told me to bring is i-134, tax returns and w-2. They said nothing about proof of current income. so that's what i told my fiancé. Now I don't know what to believe anymore...

Did your packet 3 or Packet 4 show an example of what they consider financial requirements?

And example for Montreal Packet 4 says: Proof of Financial Support (Form I‐134) and photocopy of supporting documents (IRS transcript or photocopy of the most recent Federal income tax return, bank statements, employment pay slips, etc.)

The problem with Tax returns and W2's for 2014 is that they were done in April or earlier and it doesn't mean they still have the job, which is when proving you still have the job comes into play.

My dad has a tax return and a W2 for this most recent tax season, and it shows him making over 100,000$ a year. He filed his taxes in April, and was laid off from his job in June. He CURRENTLY makes 0$ a year at the moment, but his Tax Return and W2 show that as of last year he was making 100,000$ a year.

That's why current income is more important, a lot of people could have great looking tax returns and w2's, but if they can't prove they currently still make that amount, the Tax return and W2 have no meaning.

Personally, if I were you, I'd get the "Only bring a tax return and W2" in writing (via email would be the best way if you can contact them using email) and take it to the interview. If you tell them someone you talked too told you to bring that, they may just respond with "you weren't told correctly".

[Oli&Marie 2]

Did your packet 3 or Packet 4 show an example of what they consider financial requirements?

And example for Montreal Packet 4 says: Proof of Financial Support (Form I‐134) and photocopy of supporting documents (IRS transcript or photocopy of the most recent Federal income tax return, bank statements, employment pay slips, etc.)

The problem with Tax returns and W2's for 2014 is that they were done in April or earlier and it doesn't mean they still have the job, which is when proving you still have the job comes into play.

My dad has a tax return and a W2 for this most recent tax season, and it shows him making over 100,000$ a year. He filed his taxes in April, and was laid off from his job in June. He CURRENTLY makes 0$ a year at the moment, but his Tax Return and W2 show that as of last year he was making 100,000$ a year.

That's why current income is more important, a lot of people could have great looking tax returns and w2's, but if they can't prove they currently still make that amount, the Tax return and W2 have no meaning.

Personally, if I were you, I'd get the "Only bring a tax return and W2" in writing (via email would be the best way if you can contact them using email) and take it to the interview. If you tell them someone you talked too told you to bring that, they may just respond with "you weren't told correctly".

I actually do have their response in an email, which i will print out and bring to the interview.

this is what they wrote in response to my question about what a co-sponsor needs to provide:

Your fiancé parents can fill out I-134 affidavit of support along with latest tax return and W-2s.

- nothing about proof of current income...

In packet 4 they gave me the following instructions regarding affidavit of support:

( ) EVIDENCE OF SUPPORT: Evidence, which will show that you are not to become public charges in the United States. If you have no assets, you may find a financial sponsor in the U.S. who completes form I-134, Affidavit of Support on your behalf. The sponsor should also provide a copy of the most recent U.S. Federal income tax return (1040) and proof of current U.S. income or assets. Form I-134 can be obtained from Citizenship and Immigration Services’ webpage www.uscis.gov

So they don't acually specify what is meant by "proof of current income". could it be as little as last 3 months pay stub for example?

it looks like they're contradicing themselves a bit - or is that just my interpretation. i any case, i'm confused now, and soon running out of time...

Edited November 7, 2015 by Oli&Marie

[Ash.1101 1,756]

Proof of current income could be last 3 months paystubs, even just last months paystub to show that the person is clearly still working there. The more the better.


I'd follow packet 4 as what is right, I've yet to see anyone say their consulate didn't at least ask for current income on paper at some point in one of the packets, in some cases, yes, just the tax returns were taken at the interview, but it's pretty much a luck thing and you should never plan around having good luck when it comes to the interviews and consulate.


The reccomended financial "proof" across the board to where you should have NO problem is:
Tax Transcript or Tax Return & W2
Employer Letter stating how long the person has worked there, if the job is permanent or temporary, and projected annual income
Paystubs


If you could, I'd say get at least a months worth of paystubs from both your fiance and your cosponsor. If you don't get that, then take the email and hope the consulate officer doing the interview just agrees with the paper, but it's more so that he could also say "Well the packet we sent you says proof of current income as well"

Edited November 7, 2015 by Ash.1101

[Anh map 2,098]

Several recent paystubs and a letter from the employer stating pay rate, position, and length of service is normally enough evidence of current and continuing income.

[mollenne 11]

I highly recommend for her to see if she can access her tax transcript(s) - you can sometimes request them online, but sometimes it's by mail only. This is what the IRS sent me when I request my 1040 in order to show evidence of financial support for my fiance. I requested tax transcripts from the previous 3 years.

The clerk accepted my most recent tax transcript (from 2014) at my fiance's consulate interview and he was approved. They also took one of my W2's from my most recent tax records (even though I had several from the same year because I worked in multiple places in 2014).

Good luck!

[Saheed 15]

hello my people,my wife made 18,980.60$ in 2014,20,237$ in 2015 and 26,055$ in 2016 total income on her 1040 tax paper.pls I will like to know if we are good for 3household,that's me,my wife and our daughter.???