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Filed: K-1 Visa Country: England
Timeline

I couldn't find the answer to my particular situation.

For the I-134: I was in a fellowship/training program that finished in June, 2007. Since August I'm an independant contractor. However, I'm taking a couple months off without pay but will resume back in Dec. I know USCIS asks for recent tax returns. However, my tax returns from 2006 are reflective of when I was doing my fellowship. I meet the requirements for 125% above poverty limit. When I asked my lawyer, he told me to send last years tax returns and stubs of what I'm currently making. That didn't seem quite right to me and from what I read on VJ, u need a regular, monthly income. What I make in a month now is equivalent to what I made in 6 months during training. I just emailed my lawyer about whether I should just get a co-sponsor--will see what he says tomorrow. However, I suspect he'll say it's not necessary.

I-129F Sent : 2007-07-26

I-129F NOA1 issued : 2007-08-06

NOA2 received: 12/20/07

NVC received: 12/28/07

NVC sent to embassy 1/2/08

Packet 3 received: 1/15/08

Packet 3 sent: 1/21/08

Interview- 2/14/08

K1 Visa APPROVED- 2/15/08 and delivered 2/21/08

Wedding 3/21/08

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I couldn't find the answer to my particular situation.

For the I-134: I was in a fellowship/training program that finished in June, 2007. Since August I'm an independant contractor. However, I'm taking a couple months off without pay but will resume back in Dec. I know USCIS asks for recent tax returns. However, my tax returns from 2006 are reflective of when I was doing my fellowship. I meet the requirements for 125% above poverty limit. When I asked my lawyer, he told me to send last years tax returns and stubs of what I'm currently making. That didn't seem quite right to me and from what I read on VJ, u need a regular, monthly income. What I make in a month now is equivalent to what I made in 6 months during training. I just emailed my lawyer about whether I should just get a co-sponsor--will see what he says tomorrow. However, I suspect he'll say it's not necessary.

Looks like you/she won't be having interview until 2008 and 2007 taxes [most recent year] may come into play.

Depends on how long your process takes.

Edited by beckypua

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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Filed: K-1 Visa Country: England
Timeline
[Looks like you/she won't be having interview until 2008 and 2007 taxes [most recent year] may come into play.

Depends on how long your process takes.

True, but hopefully the interview will happen well before April!

I-129F Sent : 2007-07-26

I-129F NOA1 issued : 2007-08-06

NOA2 received: 12/20/07

NVC received: 12/28/07

NVC sent to embassy 1/2/08

Packet 3 received: 1/15/08

Packet 3 sent: 1/21/08

Interview- 2/14/08

K1 Visa APPROVED- 2/15/08 and delivered 2/21/08

Wedding 3/21/08

.

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[Looks like you/she won't be having interview until 2008 and 2007 taxes [most recent year] may come into play.

Depends on how long your process takes.

True, but hopefully the interview will happen well before April!

If you meet the Minimum Poverty Guidelines for 2007 it would be best to file taxes as soon as you can in 2008 and use those ITRs.

USCIS doesn't always go by April 15. They want the most recent years taxes.

No idea what their cutoff date is but LOTS of peeps got RFEs in 2007 way before April for not having 2006 taxes.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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Filed: K-1 Visa Country: England
Timeline
If you meet the Minimum Poverty Guidelines for 2007 it would be best to file taxes as soon as you can in 2008 and use those ITRs.

USCIS doesn't always go by April 15. They want the most recent years taxes.

No idea what their cutoff date is but LOTS of peeps got RFEs in 2007 way before April for not having 2006 taxes.

Ouch..that's harsh, but then it's USCIS. Will try to file them as soon as I can.

I-129F Sent : 2007-07-26

I-129F NOA1 issued : 2007-08-06

NOA2 received: 12/20/07

NVC received: 12/28/07

NVC sent to embassy 1/2/08

Packet 3 received: 1/15/08

Packet 3 sent: 1/21/08

Interview- 2/14/08

K1 Visa APPROVED- 2/15/08 and delivered 2/21/08

Wedding 3/21/08

.

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Filed: Other Timeline

Anybody in this discussion -

Show me where on the I134 form that it says you MUST produce a tax return to prove the income requirements.

The answer to the question tells you why the OP's attorney said not to worry about it.

The more relevant point here is the OP is self-employed and cannot show a pattern of consistent income. The OP has not been 'self-employed' long enough to likely satisfy the affidavit.

In this case, I would prepare myself for joint sponsorship, both at this stage and AOS later next year.

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Anybody in this discussion -

Show me where on the I134 form that it says you MUST produce a tax return to prove the income requirements.

The answer to the question tells you why the OP's attorney said not to worry about it.

The more relevant point here is the OP is self-employed and cannot show a pattern of consistent income. The OP has not been 'self-employed' long enough to likely satisfy the affidavit.

In this case, I would prepare myself for joint sponsorship, both at this stage and AOS later next year.

Show me where on the I134 form that it says you MUST produce a tax return to prove the income requirements

NO MATTER WHAT THE I-134 SAYS AS THEY LOOK AT THE TAX RETURNS !

The answer to the question tells you why the OP's attorney said not to worry about it.

ATTORNEYS SCREW UP!

The more relevant point here is the OP is self-employed and cannot show a pattern of consistent income. The OP has not been 'self-employed' long enough to likely satisfy the affidavit.

MAY SHOW SUCH BY THE INTERVIEW TIME. NO REQUIREMENT FOR CONSISTENT INCOME. JUST SO YOU MADE OVER THE MINIMUM POVERTY GUIDELINES FOR THE MOST RECENT YEAR.

In this case, I would prepare myself for joint sponsorship, both at this stage and AOS later next year.

WON'T HURT TO DO SO.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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Anybody in this discussion -

Show me where on the I134 form that it says you MUST produce a tax return to prove the income requirements.

The answer to the question tells you why the OP's attorney said not to worry about it.

The more relevant point here is the OP is self-employed and cannot show a pattern of consistent income. The OP has not been 'self-employed' long enough to likely satisfy the affidavit.

In this case, I would prepare myself for joint sponsorship, both at this stage and AOS later next year.

Show me where on the I134 form that it says you MUST produce a tax return to prove the income requirements

NO MATTER WHAT THE I-134 SAYS AS THEY LOOK AT THE TAX RETURNS !

The answer to the question tells you why the OP's attorney said not to worry about it.

ATTORNEYS SCREW UP!

The more relevant point here is the OP is self-employed and cannot show a pattern of consistent income. The OP has not been 'self-employed' long enough to likely satisfy the affidavit.

MAY SHOW SUCH BY THE INTERVIEW TIME. NO REQUIREMENT FOR CONSISTENT INCOME. JUST SO YOU MADE OVER THE MINIMUM POVERTY GUIDELINES FOR THE MOST RECENT YEAR.

In this case, I would prepare myself for joint sponsorship, both at this stage and AOS later next year.

WON'T HURT TO DO SO.

Hey guys,

Wanna specify something since I'm going to the interview next week. When I received my package it had a paper explaining what the I-134 is and what else would be "preferable" to bring with it. It said that along with I-134 there COULD be

1) Bank statement showing the account, the amount and the day it was open

2) Letters from the employers (i guess not necessary in this case)

3) Notarized copies of tax returns

I don't see where you have to include the I-134 in your initial package though. I'm almost positive Mikey hasn't sent one to the USCIS with our initial petition and it was approved...in march this year actually

I just know you need it for the interview

Good luck

Removal of conditions...

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Filed: Other Timeline
Anybody in this discussion -

Show me where on the I134 form that it says you MUST produce a tax return to prove the income requirements.

The answer to the question tells you why the OP's attorney said not to worry about it.

The more relevant point here is the OP is self-employed and cannot show a pattern of consistent income. The OP has not been 'self-employed' long enough to likely satisfy the affidavit.

In this case, I would prepare myself for joint sponsorship, both at this stage and AOS later next year.

Show me where on the I134 form that it says you MUST produce a tax return to prove the income requirements

NO MATTER WHAT THE I-134 SAYS AS THEY LOOK AT THE TAX RETURNS !

The answer to the question tells you why the OP's attorney said not to worry about it.

ATTORNEYS SCREW UP!

The more relevant point here is the OP is self-employed and cannot show a pattern of consistent income. The OP has not been 'self-employed' long enough to likely satisfy the affidavit.

MAY SHOW SUCH BY THE INTERVIEW TIME. NO REQUIREMENT FOR CONSISTENT INCOME. JUST SO YOU MADE OVER THE MINIMUM POVERTY GUIDELINES FOR THE MOST RECENT YEAR.

In this case, I would prepare myself for joint sponsorship, both at this stage and AOS later next year.

WON'T HURT TO DO SO.

They never looked at my tax return at London. They don't at many consulates. Whether or not the tax return is needed to prove income is consulate specific. Unless the sponsor is self-employed. In that case the instructions are clear that a tax return is required.

The instructions for the I134 clearly state the income must be 'sufficient' to prevent the immigrant from becoming a public charge. Sufficiency is in the eye of the beholder. Whether or not someone who has recently begun a business will be deemed as having sufficient income will be up to the CO.

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They didn't look at my tax returns in London, either (I am not self employed). Just took the notorized I 134 and my employer letter.

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Filed: Other Country: China
Timeline
Anybody in this discussion -

Show me where on the I134 form that it says you MUST produce a tax return to prove the income requirements.

The answer to the question tells you why the OP's attorney said not to worry about it.

The more relevant point here is the OP is self-employed and cannot show a pattern of consistent income. The OP has not been 'self-employed' long enough to likely satisfy the affidavit.

In this case, I would prepare myself for joint sponsorship, both at this stage and AOS later next year.

They are probably thinking of the wording immediately following the words "I derive an annual income of (if self-employed..." Obviously the tax return is one of the options mentioned not the only or required evidence of income.

I agree the OP would be wise to be prepared with a joint sponsor.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Filed: K-1 Visa Country: England
Timeline

I'm most likely going to get a cosponsor. Probably easier to do so. Thanks for the advice.

I-129F Sent : 2007-07-26

I-129F NOA1 issued : 2007-08-06

NOA2 received: 12/20/07

NVC received: 12/28/07

NVC sent to embassy 1/2/08

Packet 3 received: 1/15/08

Packet 3 sent: 1/21/08

Interview- 2/14/08

K1 Visa APPROVED- 2/15/08 and delivered 2/21/08

Wedding 3/21/08

.

3354.gif

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