I'm a US citizen and planning to sponsor my fiance into the US - first with a K1 Fiance Visa and then do an adjustment of status. But I'm not sure if i am eligible to be a sponsor or not, I do not have tax returns for 3 years because I was a student. I will have tax returns for 2 years though, and make well over the poverty limit.
Do I need 3 years of tax returns? or is 2 enough?
If you are completing a form that asks if you have completed tax returns for each of the last 3 years, such as the I-864:
For any year in which you did not file a tax return, you need to state that you did not file, and you need to state why you did not file. If your income was less than that which would require you to file, then that would be an adequate answer.
I do suggest that you consult with an experienced immigration attorney, to have the best chance of success. It is much better, and often less expensive in the long run, to hire an attorney early in the process, to avoid mistakes and problems that could jeopardize the process.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
For B OTH the K-1 stage where you will need to file the "small" affidavit of support (Form I-134), as well as the AOS in the US where you'll be filing Form I-864 one (1) year worth of tax returns are what is needed to qualify.
At the I-864 stage you will also need to obtain a letter from your employer confirming employment, as well as provide your latest W-2 and 3 most recent pay stubs.
Lisa Ellen SeifertImmigration AttorneyOlympia, WA ·
You don't need to worry about the I-864 at all if you are just planning to start the K-1 process. There is a different affidavit of support needed, which is form I-134. Look at that, plus the instructions. Once your fiance arrives - presuming he or she is eligible to have this kind of visa - then you can consider the next step, which includes the I-864 form. I think you should see a local immigration attorney to get some information about what options you have and what strategies to pursue.
The instructions are clear and unequivocal under paragraph 25 -- follow them, that's why they are put there. If you ignore them,, your application will likely be sent back asking for more information.
