K-1 Affidavit of Support (Co-Sponsor)

[andrewcycs 2]

First off, let me just say that this site has been so helpful. While I don’t actively post I have perused this forum very often throughout this whole process. Thank you all for all the helpful information.

 

Now to some questions. I am currently unemployed as I am sick with a chronic condition that has been ongoing for about 9 months now. No end in sight really. My question is two-fold. 
 

I will be using a co-sponsor (because I don’t have income). I still need to provide my own tax information but I was not required to file taxes for the last three years. Is a statement enough saying I did not file, along with the affidavit of support form? What else could I provide? 

I am also quite worried because I just recently applied for government healthcare. I have only been on it a couple of months. Will this affect our chances of approval even with a well qualified sponsor? And to this affect can my foreign fiancé use his savings (quite a bit of cash) as a means to help our approval? 
 

Any answers would be much appreciated! Thank you :)
 

 

[Mike E 11,739]

6 minutes ago, andrewcycs said:

I will be using a co-sponsor (because I don’t have income).

Will your joint sponsor also file I-864 when your future spouse files I-485?

 

6 minutes ago, andrewcycs said:

I still need to provide my own tax information but I was not required to file taxes for the last three years. Is a statement enough saying I did not file, along with the affidavit of support form? What else could I provide? 

Simplest is to file a tax return. Freetaxusa.com

 

[andrewcycs 2]

Yes, the co-sponsor will also sponsor for the I-864.  
 

Thanks for the link, I just filed that and that should make things easier. 
 

 

[Mike E 11,739]

28 minutes ago, andrewcycs said:

 I just filed that and that should make things easier. 
 

 

Thanks  It always mystifies my why I get resistance in these cases to my suggestion. Instead of spending time arguing, you just did it in 20 minutes and filed. 

[andrewcycs 2]

Actually for some reason it won’t let me e-file I need to mail it in. But before I do so it seems after researching that I can simply provide an exemption statement explaining I wasn’t required to file and that will meet the requirements. I still might mail it and file though. But then I have to go through requesting the transcripts from the IRS. Might be more of a hassle but seems they would like transcripts better than a statement from me. 

[JeanneAdil 6,498]

An IRS Verification of Nonfiling Letter (VNF) will provide proof from the IRS that there is no record of a filed tax form (1040, 1040A, or 1040EZ) for the year you have requested. A VNF does not provide proof that you were not required to file, only that you did not file. For any academic year in which your FAFSA is selected for verification and you reported “Will not file,” you will need to request a VNF for the prior-prior year (eg. for 2019-2020, request a VNF for 2017).

Non Tax filers can request an IRS Verification of nonfiling, free of charge from the IRS in one of three ways:

• Online
• Mailing in a form
• Make an appointment at your local taxpayer assistance center.

[JeanneAdil 6,498]

fiancee needs to be prepared for extensive questions concerning your income for public charge issues

1.  how can u pay for health care for finance?

2.  she can not work on K1,  so how will u live?

3.  how could you pay to travel to meet her if no income?

4.  how will u pay for the AOS after US marriage?  now costs is $1225 possibly going to $2820

5. will joint sponsor help  (as really joint sponsor is to protect the government)

 

these are hard questions that may be asked because of bene 

 

sorry,  not trying to be mean but its important to understand how this can be viewed by a CO

Edited March 12, 2023 by JeanneAdil

[JeanneAdil 6,498]

sorry but i should say the CO doesn't talk about money like how can he travel if no income / what they ask many bene's is "Who paid for the trip?"

its the same question with a different approach

[andrewcycs 2]

My fiancé has more than enough money to pay for himself for upwards of 3 years or more living here  (without income). And of course by that time he will have gotten work permission hopefully and have no issues providing. 

In the meantime I of course hope to recover and be back to working. I have state insurance but I am living / depending on family atm. I am not on unemployment or anything of the like. 
 

I don’t think you’re being mean. Believe me, I don’t want to be in the situation I am in. I want to go back to work more than anything. But will we punished for it with denial even when he can support himself ? 😣

 

[JeanneAdil 6,498]

1 hour ago, andrewcycs said:

My fiancé has more than enough money to pay for himself for upwards of 3 years or more living here  (without income). And of course by that time he will have gotten work permission hopefully and have no issues providing. 

In the meantime I of course hope to recover and be back to working. I have state insurance but I am living / depending on family atm. I am not on unemployment or anything of the like. 
 

I don’t think you’re being mean. Believe me, I don’t want to be in the situation I am in. I want to go back to work more than anything. But will we punished for it with denial even when he can support himself ? 😣

 

It will be up to CO and how they view all circumstances especially when so many beneficaries support family back home

 

Do not know if China looks at bene fiancials /  best to move post to China for best answers

 

[andrewcycs 2]

Okay thank you much for the replies!

[Ontarkie 14,221]

~~Duplicate thread removed. Please do not start more than one thread for the same topic.~~

[andrewcycs 2]

Thank you for deleting the duplicate, apologies didn’t know how to move it to the appropriate location. 

[RandyW 149]

On 3/13/2023 at 3:08 AM, andrewcycs said:

My fiancé has more than enough money to pay for himself for upwards of 3 years or more living here  (without income). And of course by that time he will have gotten work permission hopefully and have no issues providing. 

In the meantime I of course hope to recover and be back to working. I have state insurance but I am living / depending on family atm. I am not on unemployment or anything of the like. 
 

I don’t think you’re being mean. Believe me, I don’t want to be in the situation I am in. I want to go back to work more than anything. But will we punished for it with denial even when he can support himself ? 😣

 

Without knowing any particulars, I'm going to guess that relying on 3 years worth of savings and an as yet non-existent career from the intending immigrant will not cut the mustard.

 

On 3/13/2023 at 1:48 AM, andrewcycs said:

Actually for some reason it won’t let me e-file I need to mail it in. But before I do so it seems after researching that I can simply provide an exemption statement explaining I wasn’t required to file and that will meet the requirements. I still might mail it and file though. But then I have to go through requesting the transcripts from the IRS. Might be more of a hassle but seems they would like transcripts better than a statement from me. 

When you are below the minimum for filing, the IRS may not let you file. Even a mailed return is liable to not be accepted.

 

Simply print out the returns, sign them, and submit with your I-864 as is. Transcripts are not needed and most lijkely won't be available even if you do file.

Edited March 15, 2023 by RandyW

[andrewcycs 2]

Okay, thank you all for the responses. It seems not a very hopeful outlook. All the official information just says if you cannot meet the requirement you may use a co-sponsor so still hoping for the best outcome. 
 

I think my best bet is just to get a job even though physically I’m really incapable of working. But I’m going try to do it even if it kills me because the alternative of my fiancé not coming would kill me anyways. 🤣

 

Thanks all.