I just skim the posts here, and I see a lot of mention about needing 3 years
tax returns. I am applying for a K-1, and there is absolutly no mention in
anyone of the paperwork dealing with the Affidavit of Support whickh makes
mention of 3 years. The instructions I have only makes mention of one year.
Am I missing something? I only have the lastest tax return from my fiancee
becuase that was all that was asked for.

Call the embassy that you will be dealing with and ask them. Some
countries require it and some dont.


--
Posted via http://britishexpats.com

Originally posted by Craig Lloyd
I just skim the posts here, and I see a lot of mention about needing 3 years
tax returns. I am applying for a K-1, and there is absolutly no mention in
anyone of the paperwork dealing with the Affidavit of Support whickh makes
mention of 3 years. The instructions I have only makes mention of one year.
Am I missing something? I only have the lastest tax return from my fiancee
becuase that was all that was asked for.



Hi:



This comes from the fact that, although it looks to ulitmate permanent
residence in the United States, the K-1 visa is a "non-immigant" visa.
As such, it is subject only to the vague "public charge" provisions.



However, the grant of actual "immigrant" status requires an I-864 which
is an affidavit of support enhanced with contractual provisions. By
statute it requires the last three tax returns or a legal justification
for non-filing.



As a result of this, the K-1 uses the old generic I-134 general purpose
affidavit of support rather than the immigration specific I-864. Also,
the contractual portions of the I-864 are premature in the K-1
situation.



The I-134 actually doesn't require ANY tax returns except for the
self-employed.



The Immigration & Nationality Act imposes explicit requirements on the
I-864. However, when it comes to the general "public charge"
provisions, that is left up the discretion of the individual Consular
Officer [who generally follow policies set in the local consulate].



So there are no formal "instructions" for the I-134. Many consulates
figure that since you will have to supply three years at the later date
anyways, require it for the K-1.



BTW, don't be concerned if only your last return shows sufficient income
-- the I-864 may require three years of returns, but it does NOT require
that all three years be at the 125% level.


--
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization


Posted via http://britishexpats.com

Thank you very much for the detailed information. It will help as I get
ready for the completed process. Fiancé will be conducting interview in
Brazil.

-VSK

NOA1: 7-14-03 (NSC)
NOA2: ??
"Folinskyinla" <member4043@british_expats.com> wrote in message
news:1087725.1069932844@britishexpats.com... Originally posted by Craig Lloyd I just skim the posts here, and I see a lot of mention about needing 3 years tax returns. I am applying for a K-1, and there is absolutly no mention in anyone of the paperwork dealing with the Affidavit of Support whickh makes mention of 3 years. The instructions I have only makes mention of one year. Am I missing something? I only have the lastest tax return from my fiancee becuase that was all that was asked for. Hi: This comes from the fact that, although it looks to ulitmate permanent residence in the United States, the K-1 visa is a "non-immigant" visa. As such, it is subject only to the vague "public charge" provisions. However, the grant of actual "immigrant" status requires an I-864 which is an affidavit of support enhanced with contractual provisions. By statute it requires the last three tax returns or a legal justification for non-filing. As a result of this, the K-1 uses the old generic I-134 general purpose affidavit of support rather than the immigration specific I-864. Also, the contractual portions of the I-864 are premature in the K-1 situation. The I-134 actually doesn't require ANY tax returns except for the self-employed. The Immigration & Nationality Act imposes explicit requirements on the I-864. However, when it comes to the general "public charge" provisions, that is left up the discretion of the individual Consular Officer [who generally follow policies set in the local consulate]. So there are no formal "instructions" for the I-134. Many consulates figure that since you will have to supply three years at the later date anyways, require it for the K-1. BTW, don't be concerned if only your last return shows sufficient income -- the I-864 may require three years of returns, but it does NOT require that all three years be at the 125% level. -- Certified Specialist Immigration &amp; Nat. Law Cal. Bar Board of Legal Specialization Posted via http://britishexpats.com

Yep, each consulate has different requirements. My fiance is doing a
K-1 also, yet Ankara requires 3 years of tax returns with the I-134.



Best Wishes,

Rene


--
Posted via http://britishexpats.com

Originally posted by Craig Lloyd
I just skim the posts here, and I see a lot of mention about needing 3 years
tax returns. I am applying for a K-1, and there is absolutly no mention in
anyone of the paperwork dealing with the Affidavit of Support whickh makes
mention of 3 years. The instructions I have only makes mention of one year.
Am I missing something? I only have the lastest tax return from my fiancee
becuase that was all that was asked for.





My fiance also is from Brazil and had her K1 interview in Rio last week.
they told her to have me send her my last 3 tax returns and to aquire a
co-sponsor as i am self employed. I have a co sponsor now and she will
go back to get her visa in 2 weeks. i recommend you take 3 years of tax
returns, w2 forms, for sure and if any doubt about a co sponsor, have
one ready just in case they ask. also, please take co-sponsor birth
certificate, and if you were married before take the actual decree of
divorce that outlines the entire divorce prepared by a lawyer and
certified, and co sponsor 3 years tax returns with w2's attached to it.
the income on the tax form is most important in brazil.


--
Posted via http://britishexpats.com

In my case one of the atty's has suggested five years returns





Originally posted by Craig Lloyd
I just skim the posts here, and I see a lot of mention about needing 3 years
tax returns. I am applying for a K-1, and there is absolutly no mention in
anyone of the paperwork dealing with the Affidavit of Support whickh makes
mention of 3 years. The instructions I have only makes mention of one year.
Am I missing something? I only have the lastest tax return from my fiancee

becuase that was all that was asked for.


--
Posted via http://britishexpats.com

Folinskyinfa, how was the 125% figure arrived at? I gather it is poverty
level (for a couple?) plus 25% (correct?)

Originally posted by Maryanne Kehoe
Folinskyinfa, how was the 125% figure arrived at? I gather it is poverty
level (for a couple?) plus 25% (correct?)





Hi:



Section 213A of the Immigration & Nationality Act was added byt he 1996
"Reform" legislation. The annual "poverty level" for the 48 states and
separate levels for AK and HW are of long standing. Section 213A set
the minimum level at 125% except for military is at 100%.



The number of people is governed by the number of people dependent upon
you, plus numbers in other Affidavits of Support plus the sponsored
immigrant.



So lets say you have a widowed affiant with two kids who is
sponsoring his second wife and her two children -- it would be the
level for SIX people.


--
Certified Specialist
Immigration &amp; Nat. Law
Cal. Bar Board of Legal Specialization


Posted via http://britishexpats.com

Thank you for the good information on tax returns. sparkler.


--
Posted via http://britishexpats.com

Thanks for the info---this is one aspect of the law that has totally
baffled me (although I did not need to have a sponsor as I am waayyyy
over the 125% requirement.)




Re: Three Years tax returns?

Group: alt.visa.us.marriage-based Date: Sat, Nov 29, 2003, 6:49am
(EST+5) From: member4043@british_expats.com (Folinskyinla)
Originally posted by Maryanne Kehoe
Folinskyinfa, how was the 125% figure arrived at? I gather it is poverty
level (for a couple?) plus 25% (correct?)
Hi:
Section 213A of the Immigration & Nationality Act was added byt he 1996
"Reform" legislation. The annual "poverty level" for the 48 states and
separate levels for AK and HW are of long standing. Section 213A set the
minimum level at 125% except for military is at 100%.
The number of people is governed by the number of people dependent upon
you, plus numbers in other Affidavits of Support plus the sponsored
immigrant.
So lets say you have a widowed affiant with two kids who is sponsoring
his second wife and her two children -- it would be the level for SIX
people.
--
Certified Specialist
*Immigration &amp; Nat. Law
*Cal. Bar Board of Legal Specialization
Posted via http://britishexpats.com

Originally posted by Maryanne Kehoe
Thanks for the info---this is one aspect of the law that has totally
baffled me (although I did not need to have a sponsor as I am waayyyy
over the 125% requirement.)



That's interesting. What kind of visa/adjustment does not require
a sponsor?


--
Posted via http://britishexpats.com

meauxna wrote:
Originally posted by Maryanne KehoeThanks for the info---this is one aspect of the law that has totallybaffled me (although I did not need to have a sponsor as I am waayyyyover the 125% requirement.)

I think she means a sponser other than herself.

I did not need a *financial* sponsor as I am way above the poverty level
for two people!



Re: Three Years tax returns?

Group: alt.visa.us.marriage-based Date: Sat, Nov 29, 2003, 10:21pm
(EST+5) From: member1851@british_expats.com (meauxna)
Originally posted by Maryanne Kehoe
Thanks for the info---this is one aspect of the law that has totally
baffled me (although I did not need to have a sponsor as I am waayyyy
over the 125% requirement.)
That's interesting. What kind of visa/adjustment does not require a
sponsor?
--
Posted via http://britishexpats.com

maryanne kehoe wrote:
I did not need a *financial* sponsor as I am way above the poverty level for two people!

1. He needs a "financial" sponsor
2. You are the sponsor.

Correct----that is what I am saying......(my income is way above the
poverty guidelines for two people.)



Re: Three Years tax returns?

Group: alt.visa.us.marriage-based Date: Sun, Nov 30, 2003, 10:24am
(EST+5) From: mrt@mrt.mrt (mrt)
maryanne kehoe wrote:
I did not need a *financial* sponsor as I am way above the poverty level
for two people!
1. He needs a "financial" sponsor
2. You are the sponsor.

Originally posted by Maryanne Kehoe
Correct----that is what I am saying......(my income is way above the
poverty guidelines for two people.)



Re: Three Years tax returns?

Group: alt.visa.us.marriage-based Date: Sun, Nov 30, 2003, 10:24am
(EST+5) From: mrt@mrt.mrt (mrt)
maryanne kehoe wrote:
I did not need a *financial* sponsor as I am way above the poverty level
for two people!
1. He needs a "financial" sponsor
2. You are the sponsor.



Maryann...



Just to be sure I understand correctly....



Do you make waaaaay over the 125% of poverty?



I just want to make sure so that you don't have to tell us again that
you make way above the poverty level for 2 people.



~k


--
Posted via http://britishexpats.com

does filing a I134 in frankfurt require 3 years of tax returns please
that anyone knows of? thanks!!

lts.


--
Posted via http://britishexpats.com

Originally posted by lessthanstellar does filing a I134
in frankfurt require 3 years of tax returns please that anyone knows of?
thanks!! lts.

lts, have you checked the first-hand
experiences posted at kamya.com/interview?

Either way, my theory is
that
1) eventually you will need 3 years worth (I-864 at least)
2) they
are free and fast to obtain
3) if you get them, you will have them

In
other words, no harm no foul to get them. When you get your interview
invitation to Frankfurt, they will tell you their current policy, which
is the one which will count.


--
Posted via http://britishexpats.com

Originally posted by Maryanne Kehoe Thanks for
the info---this is one aspect of the law that has totally
baffled me (although I did not need to have a sponsor as I am
waayyyy over the 125% requirement.) Re: Three
Years tax returns? Group: alt.visa.us.marriage-based Date:
Sat, Nov 29, 2003, 6:49am (EST+5) From:
member4043@british_expats.com (Folinskyinla) Originally posted
by Maryanne Kehoe Folinskyinfa, how was the 125% figure arrived
at? I gather it is poverty level (for a couple?) plus 25%
(correct?) Hi: Section 213A of the Immigration & Nationality
Act was added byt he 1996 "Reform" legislation. The annual
"poverty level" for the 48 states and separate levels for AK and
HW are of long standing. Section 213A set the minimum level at
125% except for military is at 100%. The number of people is
governed by the number of people dependent upon you, plus
numbers in other Affidavits of Support plus the sponsored
immigrant. So lets say you have a widowed affiant with two kids
who is sponsoring his second wife and her two children -- it
would be the level for SIX people. -- Certified Specialist
?Immigration & Nat. Law ?Cal. Bar Board of Legal Specialization
Posted via
http://britishexpats.com/http://britishexpats.com

I wished that I could say that I was way over the
poverty level but with WV being as poverty stricken as it is I"m
not! I'm just barely over that. You know that some of us are
hard working citizens paying our biils and all and hardly about to
get above the waters................but that is just West Virginia
too! Pay scale is low!


--
I didn't know what love was before Ray


Posted via http://britishexpats.com

ShirlelyandRay <member21679@british_expats.com> wrote in message news:<1317448.1079737439@britishexpats.com>... Originally posted by Maryanne Kehoe Thanks for the info---this is one aspect of the law that has totally baffled me (although I did not need to have a sponsor as I am waayyyy over the 125% requirement.) Re: Three Years tax returns? Group: alt.visa.us.marriage-based Date: Sat, Nov 29, 2003, 6:49am (EST+5) From: member4043@british_expats.com (Folinskyinla) Originally posted by Maryanne Kehoe Folinskyinfa, how was the 125% figure arrived at? I gather it is poverty level (for a couple?) plus 25% (correct?) Hi: Section 213A of the Immigration & Nationality Act was added byt he 1996 "Reform" legislation. The annual "poverty level" for the 48 states and separate levels for AK and HW are of long standing. Section 213A set the minimum level at 125% except for military is at 100%. The number of people is governed by the number of people dependent upon you, plus numbers in other Affidavits of Support plus the sponsored immigrant. So lets say you have a widowed affiant with two kids who is sponsoring his second wife and her two children -- it would be the level for SIX people. -- Certified Specialist ?Immigration & Nat. Law ?Cal. Bar Board of Legal Specialization Posted via http://britishexpats.com/http://britishexpats.com I wished that I could say that I was way over the poverty level but with WV being as poverty stricken as it is I"m not! I'm just barely over that. You know that some of us are hard working citizens paying our biils and all and hardly about to get above the waters................but that is just West Virginia too! Pay scale is low!


you dont need three years tax returns and you only have to meet 100%
of the poverty guidelines

yokum7777>>>you dont need three years tax returns and you only have to meet
100%
of the poverty guidelines

Annie>>> The [Saudi] consulate gave us a RFE and wanted 3 years tax returns on
the I-134 affidavit of support for a K-1.

immigration reform wrote: you dont need three years tax returns and you only have to meet 100% of the poverty guidelines

If you are filing I-164, it is 125 percent (100 for military) and you
generally need 3 years of tax returns.