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  • proof of income question

    Just starting the research for a fiance visa. Apparently it is about the same as if i went to her country and got married. I have one potential issue i am worried about. that is the income part.


    I have not filed taxes the past 2 years. i assume my first step is to go back and do that as i would guess they look at it. that is no problem. my problem would be that it would be well below the necessary earnings threshold. The majority of my income is paid under the table (not really, but easiest way to put it). So it would not be accounted for. I never received a w-2 for it and i did not file so i did not worry about it.

    for the current year, i could easily prove i make enough. so, will the current year's documentation be enough? Or are they going to look at my back taxes?

  • #2
    That's a common concern. So, two things:

    (1) The fiance visa and spousal visa are very different but ultimately end up doing the same thing -- getting your partner to the US. They differ in terms of cost, speed of processing, "complexity" of paperwork, approval statistics and so on. The first piece of advice is to be selective which option you're choosing to go with fiance visa or spousal visa.

    (2) In terms of taxes and financial support: the Fiance visa requires you to file the I-134 Affidavit of support to prove you have enough income / assets. You may use a joint sponsor to help take your place as the sponsor. You can also do that with a spousal visa. However, in the spousal visa, the added benefit is that you can "combine income" with household members (which you can't do with fiance visa route). So, if you have enough income / assets, you can go either route.

    Both the spousal and fiance visa require the affidavit of support for the current year. So, if you can prove, with tax returns, that you make enough income, you can sponsor with either route.
    --Good luck--
    Good luck. I learned the hard way, I hope you don't have to. Immigration is interesting. Not considered as legal advice.

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