Jump to content
JayB

unemployed last five years and no tax returns

 Share

6 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Costa Rica
Timeline

I'm petitioning my fiancee in Costa Rica for a K-1 visa. We met in Costa Rica and have been dating for the last 3-1/2 years. I have been living in Costa Rica on a family farm for over five years and have been unemployed during that time. Also, I have not filed tax returns for over five years. I have recently moved back to the States and have secured a full-time year-round job with an annual income of just over $30,000. How likely will my unemployed years and no tax returns affect the application process? What issues should I expect to face?

I am planning on attaching a supplemental page to my G-325A application explaining my lack of employment - mainly that I have been living on and caring for a family farm with the expectation that some day the value of the farm will increase and that I will eventaully benefit from its value; and that I sacrificed a career in the short term, but gained experience and learned a second language.

I will secure a letter from my employer stating my expected salary for the year and I will collect pay stubs. Even though I will be above the 125% of poverty minimum for a 3 member household, should I still have a joint sponsor to boost the confidence of the person reviewing my application, considering my previous lack of employment and current lack of assets??

Link to comment
Share on other sites

Filed: K-1 Visa Country: Vietnam
Timeline

I'm petitioning my fiancee in Costa Rica for a K-1 visa. We met in Costa Rica and have been dating for the last 3-1/2 years. I have been living in Costa Rica on a family farm for over five years and have been unemployed during that time. Also, I have not filed tax returns for over five years. I have recently moved back to the States and have secured a full-time year-round job with an annual income of just over $30,000. How likely will my unemployed years and no tax returns affect the application process? What issues should I expect to face?

I am planning on attaching a supplemental page to my G-325A application explaining my lack of employment - mainly that I have been living on and caring for a family farm with the expectation that some day the value of the farm will increase and that I will eventaully benefit from its value; and that I sacrificed a career in the short term, but gained experience and learned a second language.

I will secure a letter from my employer stating my expected salary for the year and I will collect pay stubs. Even though I will be above the 125% of poverty minimum for a 3 member household, should I still have a joint sponsor to boost the confidence of the person reviewing my application, considering my previous lack of employment and current lack of assets??

Don't bother attaching any explanation to your G-325A. USCIS won't need this information to adjudicate your petition. The consulate, however, will need an explanation why you didn't file taxes and submit the requested copy of your tax return or tax transcripts with your affidavit of support, and they aren't likely going to look for your G-325A to find that information. Include the letter of explanation with the affidavit of support you give your fiancee to submit at the interview. Save all of your paystubs.

Your current income should be enough, but it's up to the discretion of the consular officer with a K1. It might be a good idea to line up a co-sponsor, just in case one is requested. You'll probably save yourself some time if your fiancee has your co-sponsor's affidavit and supporting documents with her when she goes to the interview.

I'm in a similar situation where I am disabled veteran and haven't been above the poverty line in years. I'm also concerned what effect this will have on my petition to have my finace brought over....

It won't affect your petition at all. USCIS doesn't ask for any financial information with a K1 petition. That happens at the consulate stage. You will definitely need a co-sponsor.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Costa Rica
Timeline

Don't bother attaching any explanation to your G-325A. USCIS won't need this information to adjudicate your petition. The consulate, however, will need an explanation why you didn't file taxes and submit the requested copy of your tax return or tax transcripts with your affidavit of support, and they aren't likely going to look for your G-325A to find that information. Include the letter of explanation with the affidavit of support you give your fiancee to submit at the interview. Save all of your paystubs.

Your current income should be enough, but it's up to the discretion of the consular officer with a K1. It might be a good idea to line up a co-sponsor, just in case one is requested. You'll probably save yourself some time if your fiancee has your co-sponsor's affidavit and supporting documents with her when she goes to the interview.

Great. Thank you for your help. Another question - How much of a help is it if I fly back to Costa Rica and attend the interview with my fiancee? Will it help if I am there personally to explain my unique situation regarding being unemployed over the last 5+ years and thus not having any tax returns?

It won't affect your petition at all. USCIS doesn't ask for any financial information with a K1 petition. That happens at the consulate stage. You will definitely need a co-sponsor.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...