Applying without tax return forms - what are my options?

[Cole 0]

Hello all,

I am married here in Japan and have lived here for over one year ( unemployed - age issues ). For 3 years before that, I worked on a cash basis horse trading collectibles and taught English in Thailand and never made enough to file any taxes... thus, no tax returns. Now, I wish to return to the States and get back to reality... find a job... etc...

I have assets in land and one small house, some mutual funds of modest accumulation, some debt, but very little cash. My wife has about $60,000 USD in assets.

I know the answer to this question seems obvious, but is it possible that that USCIS would grant my wife a K3 visa considering our assets without my tax returns? Or am I just SOL until I can get 3 years of tax retruns from soild employment?

As odd as this situatiuon seems, I would appreciate any useful feedback.

Thank you.

Cole

[kitkat1 5]

It won't be an issue for your petition - financial information isn't included.

You can file back taxes to show at the consular interview. But your bigger issue will be showing that you can prove financial support. Sounds like you'll need a co-sponsor or you'll have to find out if your consulate allows you wife to prove that she can support herself, which some consulates allow.

[Cole 0]

Hello Kit Kat,

Thanks for replying!

I believe filing back taxes in my case would be laughable.

I may over-simplifying things here in my ignorance, but let me ask another silly question...

Let's say I file the I-130 petition and return home on my own and find employment with a solid company... I'm earning steady income and can prove it with photocopies of pay stubs, etc... Would this be proof of financial support in the consulates' eye?

As to a co-sponsor, would you mean asking a relative of mine, like my father, for example?

Again, thanks for your help!

Cole

[trailmix 77]

I believe filing back taxes in my case would be laughable.

If you don't need to file tax returns under IRS guidelines then:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it

I would recommend you read the I-864 (affidavit of support) as it contains answers to your questions, good luck!

I-864 - Affidavit of Support

Edited August 18, 2007 by trailmix

[pushbrk 13,072]

Hello all,

I am married here in Japan and have lived here for over one year ( unemployed - age issues ). For 3 years before that, I worked on a cash basis horse trading collectibles and taught English in Thailand and never made enough to file any taxes... thus, no tax returns. Now, I wish to return to the States and get back to reality... find a job... etc...

I have assets in land and one small house, some mutual funds of modest accumulation, some debt, but very little cash. My wife has about $60,000 USD in assets.

I know the answer to this question seems obvious, but is it possible that that USCIS would grant my wife a K3 visa considering our assets without my tax returns? Or am I just SOL until I can get 3 years of tax retruns from soild employment?

As odd as this situatiuon seems, I would appreciate any useful feedback.

Thank you.

Cole

Assets can be used to offset income, even 100 percent of the income requirement. For a spouse of a US Citizen being sponsored by the USC spouse, the ratio is 3 dollars in liquid assets offsets 1 dollar in income. You say your wife has 60k in assets. Of course it's "her money" but it could be used to sponsor if it were in a documentable joint account in the US.

Otherwise, you're going to need a joint sponsor, like family or a really good friend.