Employed fiance but...

[Dachande 0]

Hi,

Myself and my fiance are just about to start the K1 visa process but one part is particularly bothering me. When it comes to the Affidavit of Support form, my fiance (who is American) is under the stated poverty level because she only works part time so I guess we would need to get a co-sponsor. She works as a nanny looking after a couple of families kids but she gets paid under the table, would this completely mess up our application assuming it gets to that point in the petition? and if so what would the best course of action for us now if that was the case bearing in mind that we would most likely have quite a few months before even getting to that stage in the petition?

Your help would be greatly appreciated

Cheers,

Paul

[kitkat1 5]

would this completely mess up our application assuming it gets to that point in the petition? and if so what would the best course of action for us now if that was the case bearing in mind that we would most likely have quite a few months before even getting to that stage in the petition?

There is nothing to mess up the petition - she just needs a sponsor.

[Dan J 277]

Hi,

Myself and my fiance are just about to start the K1 visa process but one part is particularly bothering me. When it comes to the Affidavit of Support form, my fiance (who is American) is under the stated poverty level because she only works part time so I guess we would need to get a co-sponsor. She works as a nanny looking after a couple of families kids but she gets paid under the table, would this completely mess up our application assuming it gets to that point in the petition? and if so what would the best course of action for us now if that was the case bearing in mind that we would most likely have quite a few months before even getting to that stage in the petition?

Your help would be greatly appreciated

Cheers,

Paul

It would probably be best if she finds work where her income is reported and can earn above the poverty level on her own. But if nessary she can use a co-sponsor. Although the I-134 (used for the interview) is not legally binding, the I-864 (used with AOS) is. If you have a co-sponsor, they are legally obligated to support you until certain conditions are met. You can use a co-sponsor at the interview stage, to give your finacee time to meet the requirement on her own, to sponsor you at the AOS stage.

[jlivings99 0]

Your fiance is not reporting all of her taxable income which is illegal. Has she filed a tax return with some income or not filed at all? She will be required, at a minimum, to provide her most recent tax return. She could be required to provide 3 years of tax returns. Your fiance could have problems from not reporting income to the IRS but I don't how that effects applications with USCIS.

[Dachande 0]

Your fiance is not reporting all of her taxable income which is illegal. Has she filed a tax return with some income or not filed at all? She will be required, at a minimum, to provide her most recent tax return. She could be required to provide 3 years of tax returns. Your fiance could have problems from not reporting income to the IRS but I don't how that effects applications with USCIS.

Im kind of confused about it all because a couple of months ago she did do her taxes. Are there different sorts or am I just being dumb ?

[pushbrk 13,120]

Your fiance is not reporting all of her taxable income which is illegal. Has she filed a tax return with some income or not filed at all? She will be required, at a minimum, to provide her most recent tax return. She could be required to provide 3 years of tax returns. Your fiance could have problems from not reporting income to the IRS but I don't how that effects applications with USCIS.

Im kind of confused about it all because a couple of months ago she did do her taxes. Are there different sorts or am I just being dumb ?

When one files US Federal income tax returns, they are required to report all income. Since you said she being paid, "under the table" the concern is that she didn't report ALL her income. Since she'll be providing tax returns with the I-134, she cannot claim more income for last year than what shows on her tax return.

The illegality of filing a false tax return is a separate issue. It is important that you, as a couple, have a workable plan for not becoming a public charge. If you do, then implementing and documenting it will take care of your "sponsorship". "For the short term, it looks like you'll need an additional sponsor. If there is enough time between now and the interview, perhaps your fiancee can find a real job (paid over the table instead of under) that brings in enough money to meet the requirement. Then she can annualize the income from the new job and state it as her current income. Documentation in the form of pay stubs and/or employer letter would be required in order to go this route.

[Dachande 0]

Your fiance is not reporting all of her taxable income which is illegal. Has she filed a tax return with some income or not filed at all? She will be required, at a minimum, to provide her most recent tax return. She could be required to provide 3 years of tax returns. Your fiance could have problems from not reporting income to the IRS but I don't how that effects applications with USCIS.

Im kind of confused about it all because a couple of months ago she did do her taxes. Are there different sorts or am I just being dumb ?

When one files US Federal income tax returns, they are required to report all income. Since you said she being paid, "under the table" the concern is that she didn't report ALL her income. Since she'll be providing tax returns with the I-134, she cannot claim more income for last year than what shows on her tax return.

The illegality of filing a false tax return is a separate issue. It is important that you, as a couple, have a workable plan for not becoming a public charge. If you do, then implementing and documenting it will take care of your "sponsorship". "For the short term, it looks like you'll need an additional sponsor. If there is enough time between now and the interview, perhaps your fiancee can find a real job (paid over the table instead of under) that brings in enough money to meet the requirement. Then she can annualize the income from the new job and state it as her current income. Documentation in the form of pay stubs and/or employer letter would be required in order to go this route.

She has stated to me before that she did have the option of going on the books but decided not to, this was way before I met her (she has been with these families for a number of years) So maybe she could alter her job status. Maybe filling the rest of her time with another part time job, I dont know though, thats something that we would both have to discuss. I would prefer it that way even though both of her parents are high income earners and could possibly co-sponsor us. But if we have no choice other than co-sponsorship to enable us to be together and her parents gave us that amazing gift then I would reluctantly take it.

[Dachande 0]

Hi,

Myself and my fiance are just about to start the K1 visa process but one part is particularly bothering me. When it comes to the Affidavit of Support form, my fiance (who is American) is under the stated poverty level because she only works part time so I guess we would need to get a co-sponsor. She works as a nanny looking after a couple of families kids but she gets paid under the table, would this completely mess up our application assuming it gets to that point in the petition? and if so what would the best course of action for us now if that was the case bearing in mind that we would most likely have quite a few months before even getting to that stage in the petition?

Your help would be greatly appreciated

Cheers,

Paul

It would probably be best if she finds work where her income is reported and can earn above the poverty level on her own. But if nessary she can use a co-sponsor. Although the I-134 (used for the interview) is not legally binding, the I-864 (used with AOS) is. If you have a co-sponsor, they are legally obligated to support you until certain conditions are met. You can use a co-sponsor at the interview stage, to give your finacee time to meet the requirement on her own, to sponsor you at the AOS stage.

Is the I-134 just basically used for the 90 visa then afterwards the same sponsor or a co-sponsor would be used after marriage for the AOS ? sorry if im sounding a little clueless im not too good at these things