What to do if you have no recent tax returns, but you have a job which meets income requirements?

[JimRaynor 3]

Hello, I'm writing this question in for a friend. Petitioner is from Chicago, IL. Beneficiary is from Philippines. What if you were a full time college student for the last 2 years and didn't need to file taxes, meaning you have no recent tax returns? However, you now have a stable job which meets income requirements, but haven't filed for taxes yet.

[payxibka 10,047]

Just now, JimRaynor said:

Hello, I'm writing this question in for a friend. Petitioner is from Chicago, IL. Beneficiary is from Philippines. What if you were a full time college student for the last 2 years and didn't need to file taxes, meaning you have no recent tax returns? However, you now have a stable job which meets income requirements, but haven't filed for taxes yet.

It's called paystubs and employment letter

[JimRaynor 3]

3 minutes ago, payxibka said:

It's called paystubs and employment letter

Will you be approved during the interview having these documents, even without recent tax returns?

Edited April 7, 2018 by JimRaynor

[j&ana 380]

send in your current pay evidence pay stubs  and a statement stating why you did not file taxes

[battsher 0]

Yes for the K-1 visa a tax return is not required (right???) but what about when it comes time to adjust status to (conditional) permanent residency? The I-864 Affidavit of Support requires the prior year's tax return or evidence that the sponsors income was below the required level.

 

What evidence should be submitted? Just a statement saying that one was a student/unemployed/without a W2?

 

 

[janet3 1,170]

1 hour ago, JimRaynor said:

Hello, I'm writing this question in for a friend. Petitioner is from Chicago, IL. Beneficiary is from Philippines. What if you were a full time college student for the last 2 years and didn't need to file taxes, meaning you have no recent tax returns? However, you now have a stable job which meets income requirements, but haven't filed for taxes yet.

Is this a k1 visa or a cr1?

[JimRaynor 3]

3 minutes ago, janet3 said:

Is this a k1 visa or a cr1?

K1 Fiance Visa.

 

Also, battsher brings up a good question as well.

Edited April 7, 2018 by JimRaynor

[payxibka 10,047]

3 minutes ago, JimRaynor said:

K1 Fiance Visa.

 

Also, battsher brings up a good question as well.

Manila is not very strict when it comes to the I-134

[janet3 1,170]

3 minutes ago, JimRaynor said:

K1 Fiance Visa.

 

Also, battsher brings up a good question as well.

For the k1 visa the very least that is required is the 134 and the latest tax return transcript (as supporting documents, you can add proof of employment from your current job...pay stubs). You should also have a letter from your employer stating that you are employed and current income  (not because it will be required, necessarily, but just in case)

5 minutes ago, payxibka said:

Manila is not very strict when it comes to the I-134

Good point 

[battsher 0]

58 minutes ago, janet3 said:

For the k1 visa the very least that is required is the 134 and the latest tax return transcript (as supporting documents, you can add proof of employment from your current job...pay stubs)

Where do you see this? As I read it (and about to submit for approval of a K-1 visa), the I-134 is required but there is no extra requirement for a tax return. I-134 requires a tax return only if you are self-employed. Proof of current employment is absolutely required by the I-134 unless you are claiming to be self employed or otherwise financially solvent (sitting on a pile of cash and/or retirement benefits).

 

 

Edited April 7, 2018 by battsher

[geowrian 22,338]

2 hours ago, battsher said:

Where do you see this? As I read it (and about to submit for approval of a K-1 visa), the I-134 is required but there is no extra requirement for a tax return. I-134 requires a tax return only if you are self-employed. Proof of current employment is absolutely required by the I-134 unless you are claiming to be self employed or otherwise financially solvent (sitting on a pile of cash and/or retirement benefits).

This varies by embassy/consulate. The I-134 does not require this, but the CO can.

[carton025 38]

Just an opinion,

You might want to try and contact the IRS to see if they will issue a "statement" regarding the fact that you have never filed a tax return and that you need this information for the USCIS.  For example, go to the IRS website and go through the hoops and circles to request a copy of your last years tax return and see how the IRS replies to your request and include a copy of it - provided it's favorable. Although the process hasn't requested financial information yet, at some point, you are going to be asked/required to provide any financial information asked for.  And, I would include at least 3 months of current pay stubs and an employment letter from your employer stating that you currently work a permanent job there and what it pays...

I will also add to be prepared to present mom and dad's tax return(s), if requested at a later date, to validate that you are/have been a "dependent" on their tax returns - this is to add validation to the fact that you have never filed a tax return to date.

Best of luck!

[payxibka 10,047]

3 minutes ago, carton025 said:

Just an opinion,

You might want to try and contact the IRS to see if they will issue a "statement" regarding the fact that you have never filed a tax return and that you need this information for the USCIS. 

You don't need a "statement" from the IRS.  If you want to provide such a "statement" it can come from the petitioner simply outlining the reasons for non-filing

[crumb143 0]

Does anyone know the approximate amount of delay it causes if the CO asks for proof and assuming you get them the required materials promptly? Also, does this happen only after you've received your NOA2 and if so does it happen before or after the fiance gets called in for an interview?  

[carton025 38]

3 hours ago, payxibka said:

You don't need a "statement" from the IRS.  If you want to provide such a "statement" it can come from the petitioner simply outlining the reasons for non-filing

PAYXIBKA, the above statement by you would be based on your education and experience regarding similar experiences you have encountered with the USCIS, right?  My education and experience with the USCIS varies very differently from yours..., Imagine that!