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I was already thinking about refiling that year's taxes as I *can* prove that i made more than i did for the tax year 2002... which would put me in the OK if i started the k-1 process now (which i'm not).
(as other's may be in a similar situation) As for taking more time to get to know my Russian bride....if you *know* she is the one .... who would really want to wait around more time than is needed? People want to do things as quick as possible in these situations. But, if there is no way around it (without endangering the process) then i will do it the correct/legal way.
BUT here's my next question ... at what point do i show the tax information? Is that when she is in the US or when we go in for the interview (in warsaw? or wherever). JB, from what i garnered from your post .... i dont have to show proof until she's in the US with me, which would make things a little easier for me.
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You will prolly have to show last year's 1040 at the K-1 interview, I think you can count on that as a minimum. You will have to disclose 3 year's worth of 1040's when you file the AOS after you marry, (the AOS process isn't just one form, the I-864 must be sent along with the I-131 along with other supporting documentation). Once again, I strongly advise you to download all these BCIS forms and carefully read the instructions to make sure you are aware of EVERYTHING~! I'd hate for you to get a nasty surprise half way through the process.
Rando has stated, quite correctly, that you can get a co-sponsor if you can't muster the financial background, however since the I-864 puts you on the hook for 10 years worth of financial liability, I can't imagine you'd have a lot of luck in getting too many friends or relatives to go out on that 10 year limb with you. We have had whole threads devoted to arguements as to whether or not the I-864 is enforcable, some say "yea", some say "nay", I'm not going to get into that here, but at the very least it should give a man pause to seriously consider what he's getting into when he signs on the dotted line. It's a huge responsibility.
The notion that you can show other assets to offset lack of income is also probably true, however that must be cash, or equity at least greater than the morgage liability if you are putting your home on the line as an asset. Do you own a home outright? If so you'd probably be ok. If you rent a house or an apartment you'd better have the 1040's, or cash in the bank, or a fat stock folder somewhere. The BCIS isn't going to let you slide on this.
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I've been thinking about what you wrote about your situation, in truth I don't have any advice for you. Either you have the ability to support a family, or you don't. I'm going to assume for the sake of this discussion that you do, otherwise you wouldn't be here in the first place.
If you have a financial statement reflecting the necessary income and other assets that gets you past the 125% of the national poverty guideline minimums for the past 3 years, I'd say you were okay as far as the BCIS is concerned. I'm sure that the BCIS isn't going to share with your ex-wife's bloodhound any of the financial information you disclose to the BCIS in support of your K-1/K-3 visa applications. In fact, I believe there are some privacy rules which would give you some protection in any case.
That being said, I will remind you that I'm not a lawyer, and it sounds to me like you need to discuss this with competent legal advisors.
The best advice I think I can give you is to get your affairs settled with your ex, once and for all. If you need to pay her off, do it! Do whatever it takes to put that part of your life behind you. I can't imagine a worse situation than to bring an innocent woman into that "cold war" you mentioned if it's going to be an ongoing battle. I think it could be a relationship killer if you don't at least start out with a clean slate with the new wife.
The above may not be what you wanted to hear, but that's my take on things.
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