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Can I provide source of funds documentation without any tax returns?

I would like to apply for an E-2 visa from the U.K., then later apply for an EB-5 visa after I have enough resources available. I started a company earlier this year in the U.K. and payed myself through dividends and salary. I did a tax estimation with my accountant and the money that should be paid as tax is in the company''s bank account. But I cannot get a tax return (and pay the tax) until next year still. My question is, would invoices and contracts be enough to prove source of funds to get an E-2 visa? I''m young and never worked before starting this company as I was still in school so I don''t have any other tax returns. But the source of funds is all legal and there is extensive paperwork proving it. How can I proceed?

Answers

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You do not need tax returns if you have not filed any yet.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Yes, you can prepare your case without tax returns as long as other documentation is available to demonstrate lawful source of funds. Many jurisdictions do not have personal income tax returns. Your accountant or tax attorney should also provide a letter indicating when taxes are required to be filed with an appropriate excerpt from the local tax code or regulation as applicable. You should keep in mind that, if you initially apply for E-2, your business must be properly structured from the very beginning in order to qualify for EB-5 down the road. Hire an experienced immigration attorney.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    It sounds like you have a great plan. I would recommend that you retain an investment immigration attorney now and develop a plan to move forward on your E-2 and your E-2s conversion to EB-5. From the very beginning you will want to have a business plan with a planning template that will assure you reach your ultimate goal.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    It should work. Taxes are not required as long as we have a logical way of explaining the source.

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    Sarah Xiao Qian Mu

    Immigration Attorney
    Answered on

    You do not need to provide tax returns as long as you have enough documents to prove legitimate source of funding.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you are going to apply for an E-2, you do not ordinarily need tax returns. There are many countries that do not have individual personal tax returns. The government is flexible but strict on proving lawful source of funds but as long as it is clearly legally earned money, you can get an approval. If you going to use money invested in the E-2, be very careful to plan the EB-5 case from the beginning, or most likely you will not qualify.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Tax returns are great pieces of evidence, but not technically required. Other sources can be used. An experienced EB-5 attorney will be able to put together the right documents for an approval source of funds portion of the petition.

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    Charles Foster

    Immigration Attorney
    Answered on

    With respect to applying for an E-2 non-immigrant visa, you must only show that you have sufficient funds and you have, or are in the process of making, a substantial investment in the U.S. You would prove a lawful source of funds at the time you file your EB-5 investor petition on Form I-526 in order to qualify for permanent residency.

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