Affidavit of support with no tax returns?

[Dekd22 53]

So, I am applying for a K1 visa soon and am figuring out the financial aspect. I have been traveling long term and living abroad for the last 2 years so I only have like 6 months of work at a time. In these 6 months my income didn't meet the total yearly poverty guidelines, and I no longer work there. If my current income is above the poverty guideline are they really going to reject me just because of my tax returns?

[KULtoATL 1,551]

Current pay stubs and also a statement of employment on current employer's stationery should be included. This will help show your current pay that is above the poverty level.

 

Did you file the last 3 years of taxes despite traveling long term and only worked 6 months at a time? Although traveling, you gotta make sure your tax returns are filed and up to date. If you haven't, you'll need to do that first because you'll still need to send in your tax returns transcripts.

 

In your case, I'm not 100% sure if you'll need a co-sponsor since your current pay is over the poverty level. If anything, you do have the co-sponsor route as backup. 

 

@geowrian does he/she need a co-sponsor?

 

 

 

 

 

[geowrian 22,337]

Are you still living abroad? If so, unless the income will continue from the same source after you return to the US, it cannot be included on the I-134. Barring sufficient assets, you would need a joint sponsor.

 

If you're now working in the US and your current job meets the poverty guidelines, then you should be fine assuming you've been working there for long enough to show a stable income. How strict they are on the I-134 varies from embassy to embassy, though. What embassy is your fiance going through?

 

While not a strict requirement for the I-134, most COs will still request the most recent filing year's tax return (2016). If you didn't file because you were not required to file, then you need to provide a reason. If you were required to file but had no income (i.e. covered under the foreign earned income exclusion), then you will need to file first. Some embassies like to go by the I-864 requirements (125% of the poverty level).

[Dekd22 53]

12 minutes ago, geowrian said:

Are you still living abroad? If so, unless the income will continue from the same source after you return to the US, it cannot be included on the I-134. Barring sufficient assets, you would need a joint sponsor.

 

If you're now working in the US and your current job meets the poverty guidelines, then you should be fine assuming you've been working there for long enough to show a stable income. How strict they are on the I-134 varies from embassy to embassy, though. What embassy is your fiance going through?

 

While not a strict requirement for the I-134, most COs will still request the most recent filing year's tax return (2016). If you didn't file because you were not required to file, then you need to provide a reason. If you were required to file but had no income (i.e. covered under the foreign earned income exclusion), then you will need to file first. Some embassies like to go by the I-864 requirements (125% of the poverty level).

I'm back in the US and should be making 35-38k a year shortly. For the 2016 year I was in the US from january to August and made 17,000$. I have filed the last 3 years but because I was only home 6 months at a time I wasn't making the 20k or so required to be at 125%. Had I stayed until December in 2016 I would have been above the 125% line. My fiancé will be going through the embassy in Rio De Janeiro. 

Edited June 11, 2017 by Dekd22

[geowrian 22,337]

1 minute ago, Dekd22 said:

I'm back in the US and should be making 35-38k a year shortly. For the 2016 year I was in the US from january to August and made 17,000$. Had I stayed until December I would have been above the 125% line. My fiancé will be going through the embassy in Rio De Janeiro. 

Thanks.

 

In that case it really comes down to how long you've been working by the time of the interview, IMO. I don't know Brazil's embassy's strictness with this, sorry. If the income is considered stable, then you should be fine at $35k+/year. Some embassies are really lenient (UK COs are generally fine with only a letter of employment), and others are more strict (wanting several months of employment). How far along are you in the process?

 

The tax return (transcript preferred) for 2016 should be prepared. Although it's under the poverty level, current income usually holds a greater weight.

[Dekd22 53]

4 minutes ago, geowrian said:

Thanks.

 

In that case it really comes down to how long you've been working by the time of the interview, IMO. I don't know Brazil's embassy's strictness with this, sorry. If the income is considered stable, then you should be fine at $35k+/year. Some embassies are really lenient (UK COs are generally fine with only a letter of employment), and others are more strict (wanting several months of employment). How far along are you in the process?

 

The tax return (transcript preferred) for 2016 should be prepared. Although it's under the poverty level, current income usually holds a greater weight.

I haven't sent the K-1 yet so I imagine I'll have 2-3 months of paychecks, a bank statement, an employer statement plus last years w-2. Should I still get a co-sponsor?

[geowrian 22,337]

Just now, Dekd22 said:

I haven't sent the K-1 yet so I imagine I'll have 2-3 months of paychecks, a bank statement, an employer statement plus last years w-2. Should I still get a co-sponsor?

To clarify: did you send get a NOA2 yet? When did you send the I-129F?

[Dekd22 53]

Just now, geowrian said:

To clarify: did you send get a NOA2 yet? When did you send the I-129F?

I-129 hasn't been sent yet. I'll have it out in the next week or so

[geowrian 22,337]

Just now, Dekd22 said:

I-129 hasn't been sent yet. I'll have it out in the next week or so

Okay. Then you haven't done anything with the actual K-1 yet. haha The interview will likely be in 6-8 months. That's should be plenty of time to show a stable income, and not need a joint sponsor.

[Dekd22 53]

6 minutes ago, geowrian said:

Okay. Then you haven't done anything with the actual K-1 yet. haha The interview will likely be in 6-8 months. That's should be plenty of time to show a stable income, and not need a joint sponsor.

Wow I had no idea it would be such a long time, I thought it was typically 3-6 months or so. Had a friend go through the process in only 3 recently 

[geowrian 22,337]

8 minutes ago, Dekd22 said:

Wow I had no idea it would be such a long time, I thought it was typically 3-6 months or so. Had a friend go through the process in only 3 recently 

Around late Oct./early Nov, there began a huge influx of petitions (election, fee hike, etc.). That, combined with the holidays, caused them to change from taking around 1-2 months for the NOA2 to 3-4 months. Then about a month to get to NVC then to the embassy. Then it varies from embassy to embassy, but normally 1-2 months for embassy processing and to get an open interview date.

Edited June 11, 2017 by geowrian

[geowrian 22,337]

Current processing trends: http://www.visajourney.com/content/k1historical

Note that only CSC takes on new I-129Fs for a K-1. The others are either incorrect data entry, people trying to do a K-3, or a handful of transfers.

[Suss&Camm 2,213]

Have you been traveling also this year? The number that your pay stubs and employment letter need to corroborate is what you expect your year-to-date earnings to be on December 31st of this year. If your current pay is technically above the poverty if you had a whole year earnings from it but this year you won't have a whole year earnings and you'll be below the poverty line,  then you'll need a co-sponsor for sure. If not then you should be fine (unless as noted by others, Brazil adheres to the 125% - which I'm sure you can find out in the local forum).

Ofc you'll still need the latest return or reason for non-filing, there is no way around that (since you're not going through UK).

Edited June 11, 2017 by Suss&Camm

[Dekd22 53]

1 hour ago, Suss&Camm said:

Have you been traveling also this year? The number that your pay stubs and employment letter need to corroborate is what you expect your year-to-date earnings to be on December 31st of this year. If your current pay is technically above the poverty if you had a whole year earnings from it but this year you won't have a whole year earnings and you'll be below the poverty line,  then you'll need a co-sponsor for sure. If not then you should be fine (unless as noted by others, Brazil adheres to the 125% - which I'm sure you can find out in the local forum).

Ofc you'll still need the latest return or reason for non-filing, there is no way around that (since you're not going through UK).

Would it matter if my co-sponsor is a friend or someone I don't live with? Just seems crazy to me that if I have probable income making well above the poverty guidelines that I'll be punished for having been out of the country 

Edited June 11, 2017 by Dekd22

[Suss&Camm 2,213]

6 minutes ago, Dekd22 said:

Would it matter if my co-sponsor is a friend or someone I don't live with? Just seems crazy to me that if I have probable income making well above the poverty guidelines that I'll be punished for having been out of the country 

It can be anyone with US based income above the poverty line. It's not about punishing anyone,  all they care is about what you can prove. There needs to be some sort of limit and stability for the intending immigrant to not be a risk of ending up needing government support. Unfortunately by going abroad you fall below that line. If you stay with your current job you should be fine by time of AOS which would be next year for your fiancée.  At which point your expected income for that year would be a whole year's earnings and you'll be able to sponsor for the i864.