Petitioner Newly Self Employed

[MandE 0]

Hello,

My fiance, who is petitioning for me to come to the US, has recently left his full job, and is pursuing a freelance writing occupation, so he is now self-employed. Since this is a new venture, what kind of documentation will he need to provide for the affidavit?

I know it says the last 3 years on taxes, but it that on the assumption that the petitioner was self-employed for the last 3 years?

I sure wish Montreal was answering their phone. There is no way they are going to answer this question in an email.

Thanks!

[IR5FORMUMSIE 850]

Hello,

My fiance, who is petitioning for me to come to the US, has recently left his full job, and is pursuing a freelance writing occupation, so he is now self-employed. Since this is a new venture, what kind of documentation will he need to provide for the affidavit?

I know it says the last 3 years on taxes, but it that on the assumption that the petitioner was self-employed for the last 3 years?

I sure wish Montreal was answering their phone. There is no way they are going to answer this question in an email.

Thanks!

It doesn't matter. If you are at all concerning about future DH's earning power then get the IRS extract. Once it is filed, USCIS doesn't insist on future extracts. It depends on how long a period elapses between the time of filing the I-864 and the interview.

[MandE 0]

hmmm... I'm not sure what you mean at all. We are still at the first affidavit phase, not at AOS.

Will my fiance in the States know what your acronyms mean?

[IR5FORMUMSIE 850]

hmmm... I'm not sure what you mean at all. We are still at the first affidavit phase, not at AOS.

Will my fiance in the States know what your acronyms mean?

Don't worry, most of the time I don't know what I'm saying myself. I hope your fiance knows the acronyms. IRS = SATAN (much worse than Revenue Canada, sorry CRA). The Internal Revenue Service will issue an extract from your fiance's tax return that will contain the record of his income and its breakdown. You use this when you file the affidavit of support to the USCIS. They will use this to determine if your fiance has sufficient income to meet or exceed the poverty guidelines as set out under the official schedule. If you are planning on AOS (adjustment of status) then you shouldn't be contacting Montreal. Montreal is for CP (consular processing), AOS only goes through your local USCIS office once you are in the USA. If you are going through Montreal you should contact the NVC which handles all administrative functions for Canada. The consulate is only an appointment post.

[misa 2]

MandE, you sent in a completed I-134 with your packet 3 right? From what I've seen here, Montreal does not ask for an updated copy of it at the interview. Others who have interviewed in Montreal for a K1 can confirm for you though.

[trailmix 77]

MandE, you sent in a completed I-134 with your packet 3 right? From what I've seen here, Montreal does not ask for an updated copy of it at the interview. Others who have interviewed in Montreal for a K1 can confirm for you though.

Oh, so the AOS (affidavit of support) has already been completed and sent. Didn't realize.

Edited September 4, 2007 by trailmix

[misa 2]

Don't worry, most of the time I don't know what I'm saying myself. I hope your fiance knows the acronyms. IRS = SATAN (much worse than Revenue Canada, sorry CRA). The Internal Revenue Service will issue an extract from your fiance's tax return that will contain the record of his income and its breakdown. You use this when you file the affidavit of support to the USCIS. They will use this to determine if your fiance has sufficient income to meet or exceed the poverty guidelines as set out under the official schedule. If you are planning on AOS (adjustment of status) then you shouldn't be contacting Montreal. Montreal is for CP (consular processing), AOS only goes through your local USCIS office once you are in the USA. If you are going through Montreal you should contact the NVC which handles all administrative functions for Canada. The consulate is only an appointment post.

MandE is interviewing for a K1 so the requirements are a little different than for CR-1 and IR-1. K1s and K3s only make a pit stop at the NVC for a case number assignment and don't require an I-864 at the consular level. Their affidavit of support is different, the I-134, and interestingly enough, it isn't really legally binding like the I-864 is.

But... her fiance will have to provide something at the adjustment of status stage after the K1 and after they marry.

Edited September 4, 2007 by misa

[IR5FORMUMSIE 850]

Don't worry, most of the time I don't know what I'm saying myself. I hope your fiance knows the acronyms. IRS = SATAN (much worse than Revenue Canada, sorry CRA). The Internal Revenue Service will issue an extract from your fiance's tax return that will contain the record of his income and its breakdown. You use this when you file the affidavit of support to the USCIS. They will use this to determine if your fiance has sufficient income to meet or exceed the poverty guidelines as set out under the official schedule. If you are planning on AOS (adjustment of status) then you shouldn't be contacting Montreal. Montreal is for CP (consular processing), AOS only goes through your local USCIS office once you are in the USA. If you are going through Montreal you should contact the NVC which handles all administrative functions for Canada. The consulate is only an appointment post.

MandE is interviewing for a K1 so the requirements are a little different than for CR-1 and IR-1. K1s and K3s only make a pit stop at the NVC for a case number assignment and don't require an I-864 at the consular level. Their affidavit of support is different, the I-134, and interestingly enough, it isn't really legally binding like the I-864 is.

But... her fiance will have to provide something at the adjustment of status stage after the K1 and after they marry.

She's a K-1? Somehow I overlooked it, I thought she was a CR-1.

[misa 2]

She's a K-1? Somehow I overlooked it, I thought she was a CR-1.

Yup, K1! But your advice was solid for someone who is a CR-1/IR-1.

Edited September 4, 2007 by misa

[Cassie 8]

Seeing as it is a recent thing (since he submitted his income tax forms for 2006, I am assuming), you will need the completed AOS form, tax info for the last three years, and a letter from your fiance stating that he is now self-employed. And if he has some documentation on current contracts, that would be helpful as well.

[MandE 0]

shew, thanks everyone for your help.

Just to clarify, the I-134 was not submitted with Packet 3. Montreal's instructions were to bring it with me to the interview.

I think, to be on the safe side, I may try to find a co-sponsor. My fiance can provide his last 3 yrs of tax returns, and any other documentation required, but he doesn't work under contract or anything for his freelance writing. So while we know that his work will support us both, there is nothing to really prove that to the Consulate, other than by pay stubs and bank statements.

[misa 2]

Ah! Gotcha. I wasn't sure if you returned it with P3 or not. Getting a cosponsor then is a good idea.