What are the chances?

[The Jeff]

Hi, I have a question about my SO's k3 case. My mother is co-sponser on the initial immigrant visa case because I'm unemployed. I also haven't filed taxes for the last 3 years because my income was low enough not to file. Low enough being zero. Therefore, family members have helped with the affidavit of support form.

 

When I filed the other affidavit for the C-1 case, the instructions just stated that if no tax returns were filed, to give an explanation. So that's what I did and with my mother's co-sponsership the case was approved.

 

But what about the K3? Should I do the same with the i-134? Should I even bother to file? Or will my mother's i-134 be enough?

 

Am I worrying too much?

[david_dawei]

which are you pursuing, the CR1 or K3 ? Maybe state which one you expect to get to GUZ first as well...

 

the I-130 petition will cancel out the K3, unless the P3 for the NIV has been returned to post before the I-130 arrives... which makes it a moot issue...

[Guest Gene]

You still need to fill out an I-134 for yourself

[aqua8lung]

Your income is never too low to file a tax return. In fact you may get money back! You need to get your taxes fixed first. Good Luck

[The Jeff]

Well, the I-130 petition for the CR-1 was filed first, so K3 was filed after. We got the P3 for the K3 in March so I assume that the interview in GZ will be for the K3.

[david_dawei]

TO answer the original question, if you go to the K3 interview, you'll need to fill out a I-134 yourself (as Gene stated)

 

--

 

 

Here's an FAQ comment:

 

Q If the I-130 arrives in Guangzhou do we have to go that route. Do we have a choice?

 

If the I-130 petition remains at or is in transit from NVC, or the applicant has already commenced K3 application (by returning Packet 3 forms) when the I-130 petition arrives at post, he/she may continue to process the K3 rather than switch to IR1 processing. K3 applicants may opt at any time to process as IR1s rather than continue the K3 application.

 

 

What do you want to pursue:

1) K3 - gets her here and you can do adjustment of status in US

2) CR1 and she comes to US as permanent resident with greencard and no adjust of status to do in US...

 

There's a hybrid.. she gets here on K3 and goes back to china for CR1 interview and visa....

[The Jeff]

cool. Thanks everybody.

 

...So I do file. Great. But does it matter that I have never filed taxes? Well I filed once in 1999 because I came into an inheritance, but nothing since.

 

Will my mother's i-134 form be enough to supliment my own lacking form?

 

Where do I file the i-134? right now I'm in Hunan province with my wife.

 

Sorry, I'm a bit slow

[Guest Gene]

Your wife needs to take the I-134's to the interview with her

[david_dawei]

Will my mother's i-134 form be enough to supliment my own lacking form?

Here's a comment out of the FAQ I am revising:

 

If you use a joint sponsor, your's doesn't mean anything. It can have zero income/assets. You have to file one since you are the petitioner, but if you don't meet the minimum, the joint sponsor needs to be able to pick up the full tab - not the difference.

 

Here's the guideline:

 

FY 2005

Sponsors Household size - 125% of poverty line

2 - $16037

3 - $21112

4 - $24187

and so forth..... Hawaii and Alaska are more.

[cosmiclobster]

Your income is never too low to file a tax return. In fact you may get money back! You need to get your taxes fixed first. Good Luck

Actually, if your gross income is below $7950, you are not required to file.

[The Jeff]

that's cool. My mom is 40K with no dependents...except for me and my SO.

[The Jeff]

I remember when I was 20 and I just couldn't wait to move out of mom's place...now I'm 26 and I can't wait to move back. Funny how China can change a person.