i134 affidavit (Fiancee K1) - Cambodia. need advice

[KhmerAmerican562 0]

Hi All, I've been doing a lot of reading on this forum and finally decided to sign up.  I need some help and advice:

 

Background:

I moved to Phnom Penh, Cambodia in late 2010 and have been here ever since, with a few trips back home (California).  I have not filed Taxes since 2011 (filed for 2010 was the last time).  At the time i was involved with a local girl and we had a son together.  My son's mother and I never got engaged or married.  In 2014,  his mother and I split up and it was agreed with a mutual decision that I take 100% custody.  In 2017, I brought my son to America for school.  He is currently in America and I have returned to Phnom Penh, Cambodia.  *my mistake on not filing taxes, I was under the assumption if you do not work in America, where they deduct tax from your paycheck, you do not need to file.

 

New Relationship:

in 2016, I met a local khmer girl, dated for months and I finally asked her to marry me.  We got engaged and had a ceremony and have been living together.  Our relationship is very genuine, it was not traditionally arranged.  (we had one of those meant to be stories)

 

Concerns (here is where i need advice)

Financially, I can prove my employment and income here in Cambodia (which is over the 125% poverty guideline) but I have not filed taxes since 2011.  She has her interview at the embassy in a month and we are gathering the paperwork and supporting documents for her interview.  I will fill out the affidavit but I will not have any tax forms to submit with it.  Altho, my mom will be a co-sponsor, she makes just above the 125% poverty guideline and can provide the past 3 years taxes..so my question below:

 

What determines the family member/household guideline?  Currently at my mother's address there are 4 people; Her BF(been living together for over 10 years), My Mother, My brother and my son.  When me and my fiancee first arrive we will stay there for about a month, or until we find a place, which is aimed to be less than a month.  The only dependent my mom has is my son, she just claimed him as a dependent for 2018 taxes.  No one else in the household is dependent on her.  My fiancee and I will not be dependent on her either, she will just help us get situated when we first arrive, by providing a place to stay and well home cooked meals :).  So according to the guideline, with her salary, does the 3 family members apply or only who she claims as a dependent? If 4 members apply to her salary, then she will not meet the 125% poverty guideline.  

 

Next questions:  Since I have a co-sponsor, and me being the primary sponsor, do I need to show tax forms, when my co-sponsor will be able to show theirs?

 

Goal:

Move back to America with my fiancee, with the intentions to Marry within the given 90days, apply for AOS.  Situate ourselves for the future; me getting a job and our own place with my son and build a family and future together.

 

Summary:

US Embassy in Cambodia clearly states that I need to provide tax documents but only my co-sponsor can provide it for the i134 affidavit.  Would this issue be setting us back?  I'm very worried about this and have been stressing.  Any advice are very welcomed and those who have experienced a similar situation, especially here in Phnom Penh, please do share.  Thanks in advanced for taking the time to read and reply back.

 

 

 

 

 

 

[Londonergirl 133]

I don't think you can apply for K1 if you don't live in the US?

[KhmerAmerican562 0]

12 minutes ago, Londonergirl said:

I don't think you can apply for K1 if you don't live in the US?

USCIS and NVC approved my petition.  In the i129f form, I've stated that I live abroad.  If this was an issue, would they have approved my request?  I still do get mail at my mother's address and I have visited many times the past years.

[Londonergirl 133]

9 minutes ago, KhmerAmerican562 said:

USCIS and NVC approved my petition.  In the i129f form, I've stated that I live abroad.  If this was an issue, would they have approved my request?  I still do get mail at my mother's address and I have visited many times the past years.

It was someone in here that told me that the other day that the US citizen has to live in the US to petition for the K1 visa. That person could have been wrong of course. 
All you can do now is to contact USCIS and give your new address. 

[KhmerAmerican562 0]

8 minutes ago, Londonergirl said:

It was someone in here that told me that the other day that the US citizen has to live in the US to petition for the K1 visa. That person could have been wrong of course. 
All you can do now is to contact USCIS and give your new address. 

I sent the petition when I was in America.  my i-129f petition has been approved, it went thru and approved by NVC as well, and now the next step is the interview at the US Embassy here in Phnom Penh, Cambodia.  My question for everyone is in regards to, my situation, and the i1134 affidavit.

[Londonergirl 133]

18 minutes ago, KhmerAmerican562 said:

I sent the petition when I was in America.  my i-129f petition has been approved, it went thru and approved by NVC as well, and now the next step is the interview at the US Embassy here in Phnom Penh, Cambodia.  My question for everyone is in regards to, my situation, and the i1134 affidavit.

It's the foreign fiance who goes to the embassy, not the US citizen.

Let's wait and see if someone can give a bit better advise than me. 

[KhmerAmerican562 0]

16 minutes ago, Londonergirl said:

It's the foreign fiance who goes to the embassy, not the US citizen.

Let's wait and see if someone can give a bit better advise than me. 

yes. i'm not sure if you understand what advice i'm seeking.  For the Cambodia embassy, the petitioner is allowed to go with the beneficiery to the interview.  It's up to the CO to allow the petitioner to join the interview.  Again, my questions and concern are about the i134 affidavit.  But thanks for your input.

[George & Roth 1,485]

I replied to your email, just found this thread.

 

As living in Cambodia for years we are not taxed on income under $102k 

 

https://www.irs.gov/pub/irs-pdf/f2555ez.pdf

 

As I owed no tax I filed them late, but before I did the K-1 I had caught up on all tax returns, mailed them from Cambodia.

 

When I returned to the USA the IRS already processed my returns and I was able to order transcripts.

 

At the interview they only collected my copy of 2017 tax return I brought, I didn’t have transcript for 2017 as I just filed it. They did not take my transcripts for 2016 and earlier but I had them anyway. Maybe if I did not have my 2017 return and W2 they would have taken transcripts, not sure.

 

I did my tax forms myself, but I’m an accountant so I have an advantage 

 

 

[KhmerAmerican562 0]

Just an update. we got APPROVED!

 

In regards to the i134, the embassy only took my affidavit form and 2017 taxes, that was it.  No bank statements etc.