Financial Question Need Some Help :S

[DanNamY 0]

Hello,

This is my first time posting in the forums, however I have been using visajourney for information for months now. It's a wonderful website that has helped me understand the visa process better.

Even tho I feel somewhat comfortable with the process my fiancee (from the uk) and I (US) was still considering hiring an immigration firm to help us with the process as we are extremely stressed out. We have known each other for almost 2 years and have been waiting on starting this process for 6 months now.

Ive called two places (K1,K3 visa assistance and Power Visa) when I asked questions about the financial support aspect of the process where I have to prove I can support my fiancee and I. I got some different info and now I'm a little unsure of what to think. So here is my question..

My current job Ive only had for about 6 months now. Prior to that I was laid off but I had plenty of savings to support myself untill I found a new job finally. As you know the economy was bad a year ago and still is. I was lucky enought o find a good paying job that is stable and I have already been promoted even. I do make over the 125% poverty line.

Problem is from what Ive been told is that they will want W2's as part of the proof. Mine won't show that I made over 19,000 dollars as ive only been employeed for 6 months of last year. I do have sheck stubs from the last few months, and some savings. I was told by one firm that savings, and other assets do count. The other told me that that doesn't count and I would have to get a co sponsor for that part of the process. I have little family left and no friends that I could ask for such a thing.

So any information regarding this part of the K1 process would be greatly appreciated. We are desperate to figure this out as its the last thing we are trying to understand so we can get this started.

[Otto 83]

Your previous year(s) tax returns (and supporting documents such as W-2's etc.) do not necessarily need to be above the poverty guidelines. Your current income does and will most likely be determined from pay-stubs and the like.

[pushbrk 12,824]

I was just planning to write an article regarding this issue on my blog.

Basically, USCIS is looking at your income for the past and current years.

Past year:

If you have not made enough for the past year you may compensate the difference with the tenfold amount is assets (such as money in the bank, stocks and bonds, life insurance, net value of real estate).

For example: if you earned only $8,000 and the guideline for the household of two is $18,212 - you are $10,212 short. Therefore, you have to present 10x10,212 = $102,120 in assets total.

Current year:

If you are not currently employed, the Embassy may request a cosponsor even if you present sufficient assets. The reason is that by being not employed you are indicating your inability to support your fiancee for uncertain period of time. As you have said, you are employed. You will have to present a letter from employer indicating your estimated income for the current year (which certainly should be more than a guideline).

If you have any further questions, please pm or post a question on my blog in a special question form.

If the above represents the quality of information on your blog, then I recommend against it. Two GLARING errors from above.

USCIS doesn't evaluate I-134 affidavits of support. Consular officers do.

"Current year" is not the same as "current". On the I-134, one states their "current" not "current year" income. Often the devil is in the details. If you arent' capable of getting them right, you aren't "helping" anybody with your blog.

[Chester07 0]

And, also: I want to clarify:

I am not saying that USCIS and the US Embassy is the same institution. The guidelines are established by USCIS. Therefore, no matter who is looking at the Affidavit of Support - it still remains the requirement of USCIS.

Before getting into argument please do a little research and educate yourself as to the matters you are trying to prove.

I feel that I am wasting time trying to explain basic things to the person who already has 15 thousand posts.

No offense, thank you for your attention.

[Gary and Alla 3,694]

Hello,

This is my first time posting in the forums, however I have been using visajourney for information for months now. It's a wonderful website that has helped me understand the visa process better.

Even tho I feel somewhat comfortable with the process my fiancee (from the uk) and I (US) was still considering hiring an immigration firm to help us with the process as we are extremely stressed out. We have known each other for almost 2 years and have been waiting on starting this process for 6 months now.

Ive called two places (K1,K3 visa assistance and Power Visa) when I asked questions about the financial support aspect of the process where I have to prove I can support my fiancee and I. I got some different info and now I'm a little unsure of what to think. So here is my question..

My current job Ive only had for about 6 months now. Prior to that I was laid off but I had plenty of savings to support myself untill I found a new job finally. As you know the economy was bad a year ago and still is. I was lucky enought o find a good paying job that is stable and I have already been promoted even. I do make over the 125% poverty line.

Problem is from what Ive been told is that they will want W2's as part of the proof. Mine won't show that I made over 19,000 dollars as ive only been employeed for 6 months of last year. I do have sheck stubs from the last few months, and some savings. I was told by one firm that savings, and other assets do count. The other told me that that doesn't count and I would have to get a co sponsor for that part of the process. I have little family left and no friends that I could ask for such a thing.

So any information regarding this part of the K1 process would be greatly appreciated. We are desperate to figure this out as its the last thing we are trying to understand so we can get this started.

At the time of the interview they need supporting evidence of your employment. They DO NOT need W-2s from your current job, recent check stubs will do.

Assets DO count, but if you make over 125% of poverty line income you will not even need to mention them. At least one of the firms you have spoken to is lying to you or is completely ignorant of the process and should be charged with criminal fraud for purporting to offer a service for a fee. Lying and misrepresentation is common among immigration attorneys as they could not get so much of your money if they told you what they really do, which is virtually nothing.

A question such as this indicates not being comfortable with the process and a need to study more at least before the interview, if not before you send the petition. Failure to prepare will result in a faliure or long delays in the process. Or pay someone that knows what they are doing. Attorneys are generally a rip off of collosal proportions for anyone that can read and follow directions, AND has access to Visa Journey

[Gary and Alla 3,694]

I was just planning to write an article regarding this issue on my blog.

Basically, USCIS is looking at your income for the past and current years.

Past year:

If you have not made enough for the past year you may compensate the difference with the tenfold amount is assets (such as money in the bank, stocks and bonds, life insurance, net value of real estate).

For example: if you earned only $8,000 and the guideline for the household of two is $18,212 - you are $10,212 short. Therefore, you have to present 10x10,212 = $102,120 in assets total.

Current year:

If you are not currently employed, the Embassy may request a cosponsor even if you present sufficient assets. The reason is that by being not employed you are indicating your inability to support your fiancee for uncertain period of time. As you have said, you are employed. You will have to present a letter from employer indicating your estimated income for the current year (which certainly should be more than a guideline).

If you have any further questions, please pm or post a question on my blog in a special question form.

Your advice is completely wrong. It is also against TOS to advertise. Reported. If you are going to post here, try to give accurate advice.

[Gary and Alla 3,694]

And, also: I want to clarify:

I am not saying that USCIS and the US Embassy is the same institution. The guidelines are established by USCIS. Therefore, no matter who is looking at the Affidavit of Support - it still remains the requirement of USCIS.

Before getting into argument please do a little research and educate yourself as to the matters you are trying to prove.

I feel that I am wasting time trying to explain basic things to the person who already has 15 thousand posts.

No offense, thank you for your attention.

Your advice is wrong. Visa issuance guidelines are established by the State Department and no one else. If you had the state department handbook, or ever read it, you would know that the State Dept. leaves it entirely to the consulate to determine how they establish that the finace(e) will not become a public charge. The consulate does not even need an affidavot of support if they so choose. USCIS issues guidelines for the AOS.

If you are going to get in an argument, come prepared with accurate information. Previous year's income is of virtually no impact in the process, current income is by far more important. Every year thousands of former students with virtually NO income in the previous year qualify for visas with current income and no co-sponsor. You and I and most defintely Pushbrk, knows this for a fact. It is not conducive to generating fees for filling out a copuple of forms to tell people that though, is it?

Keep your bad advice to your Blog.

To the OP...stay away from parasitic attorneys that have to mislead to get your business.

[Gary and Alla 3,694]

USCIS - United States Citizenship and Immigration Services

The US Embassy provides Citizenship and Immigration Services. Correct?

Also, if you are referring to the USCIS offices located on the United States territory - the Affidavits of Support are being sent there as well for various applications (Even Adjustment of Status).

Secondly, on the Affidavit of Support itself you may right any number. It will not have any weight unless you present the Tax return for the past year with W2 or 1099 and statements from the bank and employer (which will indicate the income for the current year)

Your critique has no grounds.

Wrong. I know this from numerous personal experiences, both with my own 3 affidavits presented for my family and with dozens of others I have assisted with. Whatever you wirte on the form as current income must be supported with current evidence. You do not qualify for THIS year's guidelines with LAST year's income. To suggest so is ludicrous.

Please peddle snake-oil someplace else.

[pushbrk 12,824]

And, also: I want to clarify:

I am not saying that USCIS and the US Embassy is the same institution. The guidelines are established by USCIS. Therefore, no matter who is looking at the Affidavit of Support - it still remains the requirement of USCIS.

Before getting into argument please do a little research and educate yourself as to the matters you are trying to prove.

I feel that I am wasting time trying to explain basic things to the person who already has 15 thousand posts.

No offense, thank you for your attention.

For the OP, your question was accurately answered in the first reply you got. If you have further questions, don't hesitate to ask.

In a K1 visa case, USCIS guidelines are used when the Consular officer not USCIS "looks at" the I-134. Sponsors qualify primarily based on "current income" not "current year income". Terminology makes a difference. For the benefit of the OP and any other reader, I'll explain.

For a person executing an I-134 today with a $60,000 annual salary, their current year income is about $12,500. Their "current income" is $60,000. Last year's income is what it is. Even if zero income in 2009, the current income is sufficient. When an "employed person" is asked to state current income on an affidavit of support, they annualize the income they will receive from your job this year and document it with pay stubs. I always advise providing at least the most recent tax return as well and three if practical.

A self-employed sponsor would state their current income as the dollar amount appearing on line 22 of their most recently filed tax return and provide the complete tax return as supporting documentation. Three tax returns is better.

You can take the above to the bank. Free education for TOS violating supposed professionals is incidental, not intentional.

Edited March 15, 2010 by pushbrk

[pushbrk 12,824]

Wrong. I know this from numerous personal experiences, both with my own 3 affidavits presented for my family and with dozens of others I have assisted with. Whatever you wirte on the form as current income must be supported with current evidence. You do not qualify for THIS year's guidelines with LAST year's income. To suggest so is ludicrous.

Please peddle snake-oil someplace else.

One small correction is that for a self-employed individual, they DO qualify or not based on line 22 from the most recent tax return, in most cases. I expect an independent contractor with a letter from the company they're working for and documentation of current income might be able to qualify this year even if line 22 from last year was too low but I haven't seen it tried.

A little more elaboration on the use or potential misuse of the term "current year income". Here's a list of situations where "current year income" would be over the 125% while "current income" may or may not qualify.

1. 11/30/ pay stub indicates $60k but there's a layoff effective 11/30. Current income Dec 15 is zero or equal to unemployment benefits. Maid 60k in the "current year" but doesn't qualify.

2. Unemployed from Jan to March but executing the Affidavit in May based on new $60k salary effective April 1st. Current year income is under $10k but current income is $60k so does qualify.

3. Self-employed filing I-134 in July. Have Profit and Loss statements from each month of current year indicating $5k profit each month so far. Last year's line 22 says $10k. A Consular officer may consider the $30 income through June and grant the visa but when they try to adjust status in September, USCIS will "look at" the I-864 and say he doesn't qualify. The adjudicator at interview PROBABLY will require a joint sponsor but might not. I haven't seen it tried.

So, there are times when last year's income is critical (self-employed) but for the employed, it's not even a line item on the I-134. The above is why at least the most recent tax return is indicated as a requirement for the self-employed.

[Gary and Alla 3,694]

One small correction is that for a self-employed individual, they DO qualify or not based on line 22 from the most recent tax return, in most cases. I expect an independent contractor with a letter from the company they're working for and documentation of current income might be able to qualify this year even if line 22 from last year was too low but I haven't seen it tried.

A little more elaboration on the use or potential misuse of the term "current year income". Here's a list of situations where "current year income" would be over the 125% while "current income" may or may not qualify.

1. 11/30/ pay stub indicates $60k but there's a layoff effective 11/30. Current income Dec 15 is zero or equal to unemployment benefits. Maid 60k in the "current year" but doesn't qualify.

2. Unemployed from Jan to March but executing the Affidavit in May based on new $60k salary effective April 1st. Current year income is under $10k but current income is $60k so does qualify.

3. Self-employed filing I-134 in July. Have Profit and Loss statements from each month of current year indicating $5k profit each month so far. Last year's line 22 says $10k. A Consular officer may consider the $30 income through June and grant the visa but when they try to adjust status in September, USCIS will "look at" the I-864 and say he doesn't qualify. The adjudicator at interview PROBABLY will require a joint sponsor but might not. I haven't seen it tried.

So, there are times when last year's income is critical (self-employed) but for the employed, it's not even a line item on the I-134. The above is why at least the most recent tax return is indicated as a requirement for the self-employed.

All true. Good etail as always Pushbrk. Thanks

[Chester07 0]

yes, 3 and 300 hundred per year is almost the same

Now I understand that this forum is designed for discussions between people who have processed one K-1 Visa in their lives and now consider themselves great experts.

Do not even bother to respond to this post, I will not go on this forum anymore. Thanks.

[pushbrk 12,824]

All true. Good etail as always Pushbrk. Thanks

Well, I did leave out a "K" in one item as it $30K, not $30 but thanks for understanding.

yes, 3 and 300 hundred per year is almost the same

Now I understand that this forum is designed for discussions between people who have processed one K-1 Visa in their lives and now consider themselves great experts.

Do not even bother to respond to this post, I will not go on this forum anymore. Thanks.

For the record, I've never been through a K1 process. My wife and daughter came as K3 and K4 then adjusted status. Bye.

[Gary and Alla 3,694]

yes, 3 and 300 hundred per year is almost the same

Now I understand that this forum is designed for discussions between people who have processed one K-1 Visa in their lives and now consider themselves great experts.

Do not even bother to respond to this post, I will not go on this forum anymore. Thanks.

I WILL bother, not for you, but for others in this process who read this. Most lawyers have not even taken ONE visa to completion. Filling out two forms and stuffing an envelope with documents provided by the petitioner is in no way handling a visa. They fill out a couple of papers and the rest is hearsay.

3 in my own family. Plus dozens of others from start to finish including translations. How many interviews have you been to at foreign consulates? How many foreign beneficiaries have you consuled in their native language? You would think that someone that did that would have a clue what an affidavit of support entails. Imagine my surprise!

What is this forum about? This forum is about people helping each other to be successful. This forum helped me, I help others. You are not helping with inaccurate advice. It is a pubic forum, which means when you make errors in what you say, knowledgeable people will be along shortly to correct you. With some 8000 posts I have had my share of corrections. I even heard that Pushbrk was wrong once in 15,000 posts, though it may be hjust a nasty rumor. (and neither of us are organizers so we are not collecting posts moving topics around to forums) I don;t run away because I can help people with my experience. Deal with it. It is not a private blog.

The reason I prefer to give immigration advice in the pubic forums is that the people asking questions are protected in case I make a mistake.

Thank you for withdrawing from the forum.

[Gary and Alla 3,694]

Well, I did leave out a "K" in one item as it $30K, not $30 but thanks for understanding.

For the record, I've never been through a K1 process. My wife and daughter came as K3 and K4 then adjusted status. Bye.

HA! You Charletain!

Anyone can say "300 per year" I have heard of people that "learn by repitition" and they are generally considered lower on the IQ scale, if you get my drift...so 300 per year, x ?? years, and still doesn't know what an affidavit requires?

And as usual Pushbrk, you can say so much more with so much less.