No taxes filed for the past 3 years

[Russellmc 0]

My fiance (petitioner) was a student and has not filed tax returns for the past 3 years. He stopped school 3 years ago. He goes back and forth to America,Korea and Philippines. He is currently in Korea. He will go back to school again in America by September 2016.

I (alien beneficiary) am from Manila. As our research goes, it says that the Manila Embassy does not allow cosponsorship for k1 visas, but they do for cr1 visas.

Here are my questions:

1. Should we proceed with marrying here in the PH and file for cr1 visa so we can have a cosponsor?

2. For the cosponsor, does he/she have to be a US citizen?

3. Can we use cash as assets? i understand that $5 is equivalent to $1, is this correct? And if so, is cash asset enough?

4. The cash that will be provided to us by his parents. Do we need his (petitioner) bank statements for the past 12 months or just the current bank account? Because he will be receiving said cash later on.

5. Do we have any other alternatives?

If you have any insights on the following, We'd really appreciate your help. Thanks so much!

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Edited March 12, 2016 by Russellmc

[Anh map 2,098]

A gift of cash (in this case $100,000) would not be accepted for the affidavit of support. For cash to be considered as an asset they typically want to see that it has been held for a significant period of time.

Regardless of a joint sponsor or not, the US citizen petitioner has to sort out the tax filings as they are the first sponsor no matter what the income.

Manila is not known for being easy on joint sponsors for K visas. The spouse visa allows for a joint sponsor. Close family members have been accepted as joint sponsors in the past for K visas in Manila.

[Russellmc 0]

@AHN MAP

Thank you for the response

Follow up question:

Is one year enough for the tax application?

Would you recommend getting cr1 visa instead of k1 visa? because even if we file taxes for 1 year i don't think it'll be sufficient. So we will probably need a cosponsor, specially if cash assets will not be accepted for the affidavit of support.

[SincerelyMeike 52]

Does your fiance currently have a job at this moment? Even if it's brand new.

[Russellmc 0]

@sincerelymeike

No not at the moment

[SincerelyMeike 52]

@sincerelymeike

No not at the moment

What happened for me and my husband, was that our cosponsor did not make enough money since she just had a child. Prior to that my husband only had a really low paying student job that he couldn't sponsor me with. During the filing process he got a really good job that made enough money for sponsorship. The only problem was that the job was only 1 month old and he didn't have the job on his tax return as yet. We ended up sending in the 4 pay stubs that he had, his old tax returns (which really don't prove or show anything), a letter from his boss saying the job is permanent and that he is making 22k a year, and bank account statements from a yearsingle worth. We got approved with that just giving some tips if he ends up getting a job before you need to figure out sponsor for interview!

[Cathi 5,748]

he needs to file his back taxes. You cannot use a gift for affidavit of support. They know it can be transferred back to your in laws as soon as all is said and done?

[Russellmc 0]

What happened for me and my husband, was that our cosponsor did not make enough money since she just had a child. Prior to that my husband only had a really low paying student job that he couldn't sponsor me with. During the filing process he got a really good job that made enough money for sponsorship. The only problem was that the job was only 1 month old and he didn't have the job on his tax return as yet. We ended up sending in the 4 pay stubs that he had, his old tax returns (which really don't prove or show anything), a letter from his boss saying the job is permanent and that he is making 22k a year, and bank account statements from a yearsingle worth. We got approved with that just giving some tips if he ends up getting a job before you need to figure out sponsor for interview!

That gives me hope thank you! Let me get this straight, so it is possible for us to get a CR1 visa:

1. even if he only had been working for a month or so, given that

2. he will be provided with a letter stating that he will be earning (hopefully higher than poverty line) per year and he is a permanent employee.

3. he send pay stubs

4. sends one year's worth of bank statement

did i get it right?

[SincerelyMeike 52]

Correct! I remember another filer also did something similar because she and her husband were I'm a similar situation, and she got approved as well!

Just to be sure though, I would find a back up sponsor because sometimes some situations end up differently. Just in case you know

[Russellmc 0]

he needs to file his back taxes. You cannot use a gift for affidavit of support. They know it can be transferred back to your in laws as soon as all is said and done?

I see. Thanks so much for the reply.

[Russellmc 0]

Correct! I remember another filer also did something similar because she and her husband were I'm a similar situation, and she got approved as well!

Just to be sure though, I would find a back up sponsor because sometimes some situations end up differently. Just in case you know

I see, that sounds great. I do have one last question. What if he can't get a job? One of the reasons why he went back and forth was also that he had been sick BUT has recovered but he still have problems with his eyes and he gets easily tired on top of that he'll be going back to school. Maybe there would be another way?

[SincerelyMeike 52]

I see, that sounds great. I do have one last question. What if he can't get a job? One of the reasons why he went back and forth was also that he had been sick BUT has recovered but he still have problems with his eyes and he gets easily tired on top of that he'll be going back to school. Maybe there would be another way?

Im not too sure what you guys can do in that case I'm sorry! I'll try to Google it!

[Russellmc 0]

Im not too sure what you guys can do in that case I'm sorry! I'll try to Google it!

I see. But hey thanks so much! I need to do more research too, please keep in touch.

[Villanelle 4,122]

Youve gotten some good advice already. You have to keep in mind all the embassies are a little bit different/ so some of what was said doesnt apply to you. For Manila-

A K1 CAN NOT have a co-sponsor generally speaking. There have been a few that have gotten through lately with one but conservative advice is its not allowed there.

A CR (spousal) CAN use co-sponsors.

So you are going to be better off going the CR route. In this case your spouse will be the primary sponsor even if they dont have any income or qualify. You can then use the parents as co-sponsors (or you will see it referred to as joint sponsors). They must make enough for them plus the immigrant on the poverty guidelines. They can use their income and any assets they have to do this. There is no need to transfer money from them to him in this case.

IF you wanted the spouse to be the only sponsor the spouse would need to have income over the poverty line and it would have to be proven to be stable and continuing. If they are using assets they have to show they have had them for a while. Getting a gift of assets and trying to use them isnt going to work. Getting a job right at the beginning of the process or near visa approval can lead to them determining it is not stable yet as it is new. Sometimes people get approved with recent jobs sometimes they are asked for a co-sponsor.

So again in your case you should go the CR route. The spouse will be the primary sponsor. If they have a job great! See if they are approved on their own. IF they are not use the parents as co-sponsors.

Do not waste time and money going K route to be denied due to income and not able to use a co-sponsor as its not a guarantee you will be allowed to at that embassy.