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Filed: K-1 Visa Country: China
Timeline
Posted

I am wondering about the parameters of a potential sponsor. Does the co-sponsor need to be a family member? Or can a friend or business associate fill out the form I-134? Is there a dollar amount that I need in my U.S. bank account, so that I won't need a sponsor.

I'm confused on the issue of past tax returns. I have assets, but I have not been required to file U.S. taxes in the past seven years. What must I show to assure the "State", that my fiancee will not become a burden upon it?

Posted
I'm confused on the issue of past tax returns. I have assets, but I have not been required to file U.S. taxes in the past seven years. What must I show to assure the "State", that my fiancee will not become a burden upon it?

I thought even if you don't owe you have to file whether it is a business or personal

The longer it takes to introduce yourself the less you've actually accomplished

Filed: K-1 Visa Country: China
Timeline
Posted

I'm confused on the issue of past tax returns. I have assets, but I have not been required to file U.S. taxes in the past seven years. What must I show to assure the "State", that my fiancee will not become a burden upon it?

I thought even if you don't owe you have to file whether it is a business or personal

Many people do not have to file. If somebody lives outside the U.S. and lives off a structured trust fund, and under other circumstances, there is no need to file. You only pay taxes on taxable income. For instance; let's say you won a million dollars playing poker in Vegas. You pay taxes on the money before you even get it. That money has been taxed. Do you think you must file on it every year after?? Of course not.

Posted
I am wondering about the parameters of a potential sponsor. Does the co-sponsor need to be a family member? Or can a friend or business associate fill out the form I-134? Is there a dollar amount that I need in my U.S. bank account, so that I won't need a sponsor.

I'm confused on the issue of past tax returns. I have assets, but I have not been required to file U.S. taxes in the past seven years. What must I show to assure the "State", that my fiancee will not become a burden upon it?

Tax returns and evidence of income/resources are two seperate issues and shouldnt be thought of as being one and the same. Also, if you are not required to file tax returns you would make note in a statement of the IRS rule under which the exemption applies. You can then submit the supporting evidence of resources showing how you derive your income. Overcoming the public charge issue is about totality of circumstances, not just the I-134. Have a read of the I-134 pinned thread here

Below may assist you in answering most of your questions.

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of

Support Under INA 213A

c. The simple submission of Form I-134, Affidavit of Support, however, is

not sufficient to establish that the beneficiary is not likely to become a

public charge. Although the income requirements of Form I-864, Affidavit

of Support Under Section 213A of the Act, do not apply in such cases

(i.e., the 125 percent minimum income, the need for three years income

tax returns), consular officers must make a thorough evaluation of other

factors, such as:

(1) The sponsor's motives in submitting the affidavit;

(2) The sponsor's relationship to the applicant, (e.g., relative by blood

or marriage, former employer or employee, schoolmates, or

business associates);

(3) The length of time the sponsor and applicant have known each

other;

(4) The sponsor's financial resources; and

(5) Other responsibilities of the sponsor.

NOTE: When there are compelling or forceful ties between the applicant

and the sponsor, such as a close family relationship or friendship of long

standing, the affidavit may be favorably considered by the consular officer.

On the other hand, an affidavit submitted by a casual friend or distant

relative who has little or no personal knowledge of the applicant has more

limited value. If the sponsor is not a U.S. citizen or lawful permanent

resident (LPR), the likelihood of the sponsor's support of an immigrant visa

applicant until the applicant can become self-supporting is a particularly

important consideration.

d. The degree of corroborative detail necessary to support the affidavit will

vary depending upon the circumstances. For example, for a relatively

short-term visitor, little, if any, would be required. In immigrant cases,

however, the sponsor's statement should include:

(1) Information regarding income and resources;

(2) Financial obligations for the support of immediate family members

and other dependents;

(3) Other obligations and expenses; and

(4) Plans and arrangements made for the applicant's support in the

absence of a legal obligation toward the applicant.

e. To substantiate the information regarding income and resources, the

sponsor should attach to the affidavit:

(1) A statement from an employer showing the sponsor's salary and

the length and permanency of employment;

(2) A copy of the latest income tax return;

(3) A statement from an officer of a bank regarding any accounts,

showing the date the account was opened and the present balance;

or

(4) Other evidence adequate to establish the sponsor's financial ability

to carry out the commitment toward the immigrant for what might

be an indefinite period of time.

Source and further reading

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

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View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

 
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