Required financial support for joint sponsor

[LaurenkA 2]

Hello, I am curious what to do about this situation. I am currently an ESL teacher living abroad with my fiancé. I have not been back to the U.S in a few years and don’t have proof of U.S income. I have a friend who is willing to sponsor us but what type of proof will she need in order to be a sponsor? Thank you! 

[geowrian 22,338]

Same as the primary sponsor + evidence of being a USC or LPR.

That generally means paystubs and/or an employment letter + the most recent year's tax return.

 

For the I-134 for the K-1 visa, the specifics vary greatly from consulate to consulate. Some might be fine with only the tax return, and some may not want the tax return. Some generally accept co sponsors and some generally do not, and some will accept a close family member but possibly not a friend. Some consider assets and some do not. The I-134 is only a tool to help the CO address the public charge issue.

What consulate will your fiance be interviewing at?

[kris&me 572]

you need proof of income -does not have to from  the USA

if you are a USC,  you should have been filing tax returns on the foreign income  (over $100,000 is exempt)

this is a requirement and if you think to sponsor a fiancee for visa,  you will need to complete tax returns for these years 

[LaurenkA 2]

42 minutes ago, geowrian said:

Same as the primary sponsor + evidence of being a USC or LPR.

That generally means paystubs and/or an employment letter + the most recent year's tax return.

 

For the I-134 for the K-1 visa, the specifics vary greatly from consulate to consulate. Some might be fine with only the tax return, and some may not want the tax return. Some generally accept co sponsors and some generally do not, and some will accept a close family member but possibly not a friend. Some consider assets and some do not. The I-134 is only a tool to help the CO address the public charge issue.

What consulate will your fiance be interviewing at?

Thank you for the response! He will be applying at the consulate in Casablanca, Morocco 

[LaurenkA 2]

33 minutes ago, kris&me said:

you need proof of income -does not have to from  the USA

if you are a USC,  you should have been filing tax returns on the foreign income  (over $100,000 is exempt)

this is a requirement and if you think to sponsor a fiancee for visa,  you will need to complete tax returns for these years 

Thank you, yes unfortunately I was never given tax returns and haven’t filed one since I’ve been back in the United States. 

[aaron2020 11,651]

18 minutes ago, LaurenkA said:

Thank you, yes unfortunately I was never given tax returns and haven’t filed one since I’ve been back in the United States. 

You're not getting this.  

 

As a US citizen, you are required to file US tax returns on your worldwide income.  You were required to report your income from teaching ESL.  With the foreign income exclusion, you wouldn't owe anything.  

No idea what you mean by you were never given tax returns.  

 

Did you file US tax returns for 2016, 2017, and 2018? 

 

Without filing the required tax returns, you will not be able to petition for your fiancee.  

[LaurenkA 2]

15 minutes ago, aaron2020 said:

You're not getting this.  

 

As a US citizen, you are required to file US tax returns on your worldwide income.  You were required to report your income from teaching ESL.  With the foreign income exclusion, you wouldn't owe anything.  

No idea what you mean by you were never given tax returns.  

 

Did you file US tax returns for 2016, 2017, and 2018? 

 

Without filing the required tax returns, you will not be able to petition for your fiancee.  

During this time I have been overseas I have not been given a tax form and have let my parents claim me. This is why I’m worried and wonder if I will be able to have a co sponsor or joint sponsor?

[Villanelle 4,122]

It doesnt matter if you were given a tax form or not. If you worked and were paid money anywhere in the world you have to report it to the IRS by filing a tax return. If you are overseas you would get the foreign income exclusion typically and not owe any taxes. But because you allowed your parents to claim you I believe any income you earned would be taxed. Also Im not sure if your parents were even able to claim you if you were living and working overseas?? Did they provide 50% or more of your support?

 

If you do not have enough US income to qualify you will need a co-sponsor; however you are still required to show your US tax returns. 

[LaurenkA 2]

13 minutes ago, Villanelle said:

It doesnt matter if you were given a tax form or not. If you worked and were paid money anywhere in the world you have to report it to the IRS by filing a tax return. If you are overseas you would get the foreign income exclusion typically and not owe any taxes. But because you allowed your parents to claim you I believe any income you earned would be taxed. Also Im not sure if your parents were even able to claim you if you were living and working overseas?? Did they provide 50% or more of your support?

 

If you do not have enough US income to qualify you will need a co-sponsor; however you are still required to show your US tax returns. 

So, while I was living in the U.S I was a student living with my parents so they claimed me up until I graduated and moved overseas. I moved overseas halfway through the year so I was still living with them and they claimed me. This next tax year I can claim myself because I am on my own fully. 

[Villanelle 4,122]

Ok that is a common situation however you really didnt answer the issues posed in the thread. You need to look at years 2016, 2017, and 2018.

 

2016- student claimed by parents/ no income

 

2017- student claimed by parents/ no income

 

2018- student claimed by parents / income earned overseas (so you need a tax return for that income) 

 

If the above is correct you would be able to send a statement explaining for 16 & 17 you had no income so were not required to file. For '18 when you did have income you would need to show a tax return. Again I am not sure but I believe when you are claimed as a dependent any income you make is then taxed (at a higher rate) and Im not sure if the foreign exclusion would apply. 

Does all that make sense?

[LaurenkA 2]

44 minutes ago, Villanelle said:

Ok that is a common situation however you really didnt answer the issues posed in the thread. You need to look at years 2016, 2017, and 2018.

 

2016- student claimed by parents/ no income

 

2017- student claimed by parents/ no income

 

2018- student claimed by parents / income earned overseas (so you need a tax return for that income) 

 

If the above is correct you would be able to send a statement explaining for 16 & 17 you had no income so were not required to file. For '18 when you did have income you would need to show a tax return. Again I am not sure but I believe when you are claimed as a dependent any income you make is then taxed (at a higher rate) and Im not sure if the foreign exclusion would apply. 

Does all that make sense?

Yes this makes sense, I didn’t however file one either for 2018 since I went to my new job halfway through the year. So I didn’t file. The only file I can do now is for the 2019. Yeah I am totally unaware how that all works out! That is what is scaring me the most about me and my fiancé case is proving this financial evidence 

[SalishSea 18,275]

1 hour ago, LaurenkA said:

That is what is scaring me the most about me and my fiancé case is proving this financial evidence 

That is really just one component of what may be a very complicated path.  You need to read and educate yourself about the challenges unique to male K-1 applicants going through Casablanca.  There are many, many threads about that here on VJ.

[Villanelle 4,122]

2 hours ago, LaurenkA said:

Yes this makes sense, I didn’t however file one either for 2018 since I went to my new job halfway through the year. So I didn’t file. The only file I can do now is for the 2019. Yeah I am totally unaware how that all works out! That is what is scaring me the most about me and my fiancé case is proving this financial evidence 

It doesnt matter to the IRS if you worked 6 months or one day. ANY income you make anywhere in the world needs to be reported on a tax return with an exception being is as a dependent you earned LESS then 12k. If you earned more then that you were required to file. You are expected to file late returns. You will need a copy of the return (even if it was late filed)if a return was required to be filed,  in order to proceed with immigration. 

[Lucky2Lucky 2,526]

You can file your 2018 returns late. I would start by filing the 2018 returns now. Next, find a joint sponsor. 

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.