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The US petitioner does not have ITRs, is that a problem?

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  • The US petitioner does not have ITRs, is that a problem?

    My fiancée is the US petitioner but she was living in Brazil to study for few years. Early in this year she moved back to US and does not have any ITRs. She's now employed in a permanent job and her actual income exceeds the required.

    I would like to know if ITRs is really necessary for US embassy in Brazil. She have the paystubs, employer letter and everything else as proof that her income exceeds the required. Do we need a joint sponsor in this case?

    I've searched about it and found many different answers, even from attorneys!! Some say the she just need to write a letter explaining her lack of ITRs and others says that we need a joint sponsor. Does anyone knows some similar case to help me?

  • #2
    Originally posted by lvlucio View Post
    My fiancée is the US petitioner but she was living in Brazil to study for few years. Early in this year she moved back to US and does not have any ITRs. She's now employed in a permanent job and her actual income exceeds the required.

    I would like to know if ITRs is really necessary for US embassy in Brazil. She have the paystubs, employer letter and everything else as proof that her income exceeds the required. Do we need a joint sponsor in this case?

    I've searched about it and found many different answers, even from attorneys!! Some say the she just need to write a letter explaining her lack of ITRs and others says that we need a joint sponsor. Does anyone knows some similar case to help me?
    Each case is different. Technically she doesn’t need an ITR or a joint sponsor but that doesn’t mean that the Consulate in Brazil will not require it when she goes for interview.

    Also, has she filed the application yet? If she hasn’t filed the fiancé visa application yet, chances are she will be able to submit 2013 ITR by the time you appear for interview. You only need the Affidavit of Support and ITR for when you appear at the consulate and the whole process usually takes about 5 or 6 months.

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    • #3
      Most people file income tax returns showing zero income if that was was their income was. Others have sent copies of the filing requirements per the IRS with the Affidavit of Support documentation. Its better to send in IRS tax transcripts otherwise, if the return is used, you must include copies of all schedules and W-2s. Depending on her income, she will most likely need a joint sponsor.

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