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Hit a major snag... it may be over

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Filed: K-1 Visa Country: United Kingdom
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We've hit a major major snag and things may have to be called off because of it. Even though I work 7 days a week at 2 jobs and get a hefty child support payment a month, I still don't make enough for a family of 4.

I am self employed. This year I will make about $23,000.00. I also work another job that I make about $15,000.00 a year at. I also get $1600.00 a month in child support. Yep, sounds great doesnt it? Here's the problem:

1. Because I am self employed I have to count my income as what I make AFTER business expenses. Well, when you are self employed there are A LOT of expenses. So that cuts that income in about half.

2. My ex pays my mortgage every month instead of giving me the cash directly. It's a verbal agreement we have. He has written a letter stating that he is obligated to pay me $1600.00 a month but in lieu of cash, he pays the mortgage. It has been signed by both of us an notarized. But because of this I cannot count his support as income.

3. Even though I technically make over $50,000.oo a year I still don't make the $125% over poverty to support a family of 4.

4. I am an only child so I have no siblings who would co-sponsor. And my parents are retired and wouldnt even cosign a car loan for me. They've always been the type of parents who insist on me making it on my own.

My fiance and I are devastated. If anyone has any suggestions, please help. I don't want to lose this dream because of this.

thank you,

Lori

Consulate.............London

I-129F sent...........10/22/2010

I-129F NOA1........10/27/2010

I-129F NOA2.........04/06/2011 (161 days)

Interview date.........6/27/2011

Interview result.......Approved!!!

Visa rec....................7/11/11

POE .........................8/5/111

Marriage..................9/10/11 (finally <3)

AOS

Sent.................9/29/2011

NOA1...............10/5/2011

Biometrics.......12/7/2011

Transferred to CSC...........12/15/2011

RFE :( ...................3/16/2012

Approved/Card Production.......4/11/2012

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Filed: Citizen (apr) Country: Canada
Timeline

A co-sponsor doesn't have to be a family member, I know it is a lot to ask but is there a friend who can co-sponsor for you?

Sorry to hear this, good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: K-1 Visa Country: United Kingdom
Timeline

I've put feelers out there to several friends. They all seem to run very quickly at the idea of it. I have a feeling that it's over.

Consulate.............London

I-129F sent...........10/22/2010

I-129F NOA1........10/27/2010

I-129F NOA2.........04/06/2011 (161 days)

Interview date.........6/27/2011

Interview result.......Approved!!!

Visa rec....................7/11/11

POE .........................8/5/111

Marriage..................9/10/11 (finally <3)

AOS

Sent.................9/29/2011

NOA1...............10/5/2011

Biometrics.......12/7/2011

Transferred to CSC...........12/15/2011

RFE :( ...................3/16/2012

Approved/Card Production.......4/11/2012

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

Ask your Fiance if he has any family here or if his family knows someone in the US that might sponsor him. Don't give up yet. It took us 3 months but we found a sponsor by going to my husband's family. They knew someone in New York who agreed to act as a sponsor.

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Filed: K-1 Visa Country: United Kingdom
Timeline

He doesnt have family or friends over here at all. Just me..

I'm absolutely heart broken..

Consulate.............London

I-129F sent...........10/22/2010

I-129F NOA1........10/27/2010

I-129F NOA2.........04/06/2011 (161 days)

Interview date.........6/27/2011

Interview result.......Approved!!!

Visa rec....................7/11/11

POE .........................8/5/111

Marriage..................9/10/11 (finally <3)

AOS

Sent.................9/29/2011

NOA1...............10/5/2011

Biometrics.......12/7/2011

Transferred to CSC...........12/15/2011

RFE :( ...................3/16/2012

Approved/Card Production.......4/11/2012

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Filed: IR-1/CR-1 Visa Country: Belarus
Timeline

We've hit a major major snag and things may have to be called off because of it. Even though I work 7 days a week at 2 jobs and get a hefty child support payment a month, I still don't make enough for a family of 4.

I am self employed. This year I will make about $23,000.00. I also work another job that I make about $15,000.00 a year at. I also get $1600.00 a month in child support. Yep, sounds great doesnt it? Here's the problem:

1. Because I am self employed I have to count my income as what I make AFTER business expenses. Well, when you are self employed there are A LOT of expenses. So that cuts that income in about half.

2. My ex pays my mortgage every month instead of giving me the cash directly. It's a verbal agreement we have. He has written a letter stating that he is obligated to pay me $1600.00 a month but in lieu of cash, he pays the mortgage. It has been signed by both of us an notarized. But because of this I cannot count his support as income.

3. Even though I technically make over $50,000.oo a year I still don't make the $125% over poverty to support a family of 4.

4. I am an only child so I have no siblings who would co-sponsor. And my parents are retired and wouldnt even cosign a car loan for me. They've always been the type of parents who insist on me making it on my own.

My fiance and I are devastated. If anyone has any suggestions, please help. I don't want to lose this dream because of this.

thank you,

Lori

What about Assets? You can use money in the bank, and don't forget if you have an IRA or something that you can access within the year, it should be counted. I would re-look at the Child Support Issue especially if you have a written agreement or court order that requires the $1600 payment. If not just have the ex if he is amenable to pay direct deposit into your account and set up a draft off that account to pay the mortgage payment. It accomplishes the same thing, but it gets the income documented. Might take another 6 months to establish that on paper for USCIS. Also the incoming beneficiary can use his assets, so is he has money in the bank or continuing income or a retirement account that is accessible in a year that will work too. If he is professional and has good job prospects or a job offer that might work too.

Good luck, it just might take longer than some folks but is do-able.

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Filed: K-1 Visa Country: United Kingdom
Timeline

He is not a professional but does have several job offers. He will be able to start work as soon as he gets a work visa. And my ex wouldn't dare do that. That would be helpful, which isn't his specialty.

Being self employed, I really don't have any assets. I own my home. I own my car. But other than that, I've got nothing.

I'm still holding on to hope that someone will be kind enough to be a co-sponsor. I've heard that London's Consulate isn't very difficult. I don't know if it would help to write a letter explaining all of my income sources. I really don't know what else to do. I'm really only off by a couple thousand dollars a year.

Consulate.............London

I-129F sent...........10/22/2010

I-129F NOA1........10/27/2010

I-129F NOA2.........04/06/2011 (161 days)

Interview date.........6/27/2011

Interview result.......Approved!!!

Visa rec....................7/11/11

POE .........................8/5/111

Marriage..................9/10/11 (finally <3)

AOS

Sent.................9/29/2011

NOA1...............10/5/2011

Biometrics.......12/7/2011

Transferred to CSC...........12/15/2011

RFE :( ...................3/16/2012

Approved/Card Production.......4/11/2012

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You might consider getting another job working for the man and giving up your self-employed business for a while. I'm sure it's not a palatable idea for you, but at least then you would have some traditional income to claim. You wouldn't have to wait for it to show up in your tax returns, just get some pay stubs for your guy to show your current income meeting the requirements. Or, take the tax hit and don't deduct your business expenses.

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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Filed: Citizen (apr) Country: Ukraine
Timeline

We've hit a major major snag and things may have to be called off because of it. Even though I work 7 days a week at 2 jobs and get a hefty child support payment a month, I still don't make enough for a family of 4.

I am self employed. This year I will make about $23,000.00. I also work another job that I make about $15,000.00 a year at. I also get $1600.00 a month in child support. Yep, sounds great doesnt it? Here's the problem:

1. Because I am self employed I have to count my income as what I make AFTER business expenses. Well, when you are self employed there are A LOT of expenses. So that cuts that income in about half.

2. My ex pays my mortgage every month instead of giving me the cash directly. It's a verbal agreement we have. He has written a letter stating that he is obligated to pay me $1600.00 a month but in lieu of cash, he pays the mortgage. It has been signed by both of us an notarized. But because of this I cannot count his support as income.

3. Even though I technically make over $50,000.oo a year I still don't make the $125% over poverty to support a family of 4.

4. I am an only child so I have no siblings who would co-sponsor. And my parents are retired and wouldnt even cosign a car loan for me. They've always been the type of parents who insist on me making it on my own.

My fiance and I are devastated. If anyone has any suggestions, please help. I don't want to lose this dream because of this.

thank you,

Lori

How are you different from the other self employed people? So what?

First, current income means more than last year, so if you can document current income before you deduct depreciation ad all that other stuff you take against your income to avoid paying self employment tax, then do so. A bank letter showing deposits can just as easily work as a proof of current income as anything else.

You can also use a co-sponsor.

Self employed people often write off most or all of their income as expenses and depreciation, you did this to avoid paying tax which you are not so "devastated" about. This is the other side of that coin.

I would say...

1. Find a way to document CURRENT income (at the time of the interview) as sufficient and stop worrying about tax returns

2. Line up a co-sponsor

3. sleep well.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: Citizen (apr) Country: Ukraine
Timeline

He is not a professional but does have several job offers. He will be able to start work as soon as he gets a work visa. And my ex wouldn't dare do that. That would be helpful, which isn't his specialty.

Being self employed, I really don't have any assets. I own my home. I own my car. But other than that, I've got nothing.

I'm still holding on to hope that someone will be kind enough to be a co-sponsor. I've heard that London's Consulate isn't very difficult. I don't know if it would help to write a letter explaining all of my income sources. I really don't know what else to do. I'm really only off by a couple thousand dollars a year.

In theory at least, the employment ability of the intending immigrant CAN be considered by the consulate. London is one of the few I have actually heard of doing that. That said...DO NOT count on it.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Are you sure you don't meet it? Even if half of your income from your business goes to business expenses, what is left and the income from your second job would still cover you. The amount you need is only $27,563. Does your fiance have any money that he could transfer over to an account in the US to ave here? Like someone else said, what about assets? An IRA? Savings Account? 401-K? Also, as someone else said, see if your ex is willing to put the money into a specific account for you that you then pay the mortgage from. That way you can add that as income.

K-1

I-129F NOA1 : June 1, 2010

I-129F NOA2 : June 28, 2010

Interview Date : Sept 28, 2010

Wedding: Apr 16, 2011

AOS

Approved : July 25, 2011

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Filed: Citizen (apr) Country: Ukraine
Timeline

Option 3

Since he is from a visa waiver country...

1, Come on over tomorrow and get married

2. File for a CR-1

3. Visit while you wait

4. Deal with the NVC, you will still need to make the grade with income but they are at least consistent.

Actually you have a better chance of just working this out using current income.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: AOS (apr) Country: Kenya
Timeline

Tell your ex you want a new verbal agreement for him to send you the cash rather than the mrotgage.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: K-1 Visa Country: Philippines
Timeline

If he is paying your child support of $1600 a month and you arent claiming it, then you should. It doesnt matter if he is paying you directly or if he pays your mortgage. As long as the mortgage is in your name you should be fine. you just need to alter two things, right him a reciept dated for when he made your mortgage payments, and claim in on your next years taxes or amend your previous years taxes. i would go with amending your previous years taxes depending on when you filed your visa.

Will cost you a bit more to do, but im sure its worth it :)

Hopefully you and your ex are on good terms, if not dont worry, you can just mail him the receipts, just photocopy them and send it certified with tracking.

this will bump your income up to what ya need.

im more than sure this will work, will watch the topic and ask my boss when i get to work but i dont see any issues honestly.

I-129F Sent : 2010-07-17

I-129F NOA1 : 2010-07-23

Touch: 2010-08-02

Touch: 2010-10-03

NOA2: 2010-01-10

Interview: 2011-02-08 - Approved

Visa Printed: 2011-02-10

Sent to 2Go: 2011-02-14 (scheduled for noon delivery as per consulate)

Pckup @ 2Go: 2011-02-15 (Will hold at routing Hub for same day pick up)

POE (LAX): 2011-02-16

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Filed: K-1 Visa Country: United Kingdom
Timeline

Thank you for all your input, it's really appreciated.

I've never claimed my child support because my CPA told me it wasn't necessary. And yes, I do write off quite a bit in business expenses. But I also pay several thousand dollars in taxes a year as well.

All I can do now is continue to work as much as humanly possible. Document all my income and deposits. Figure out a way to somehow get my ex to pay me instead of the mortgage. Work some more... and hope with all hope that somehow this will work out.

Thanks again.

Consulate.............London

I-129F sent...........10/22/2010

I-129F NOA1........10/27/2010

I-129F NOA2.........04/06/2011 (161 days)

Interview date.........6/27/2011

Interview result.......Approved!!!

Visa rec....................7/11/11

POE .........................8/5/111

Marriage..................9/10/11 (finally <3)

AOS

Sent.................9/29/2011

NOA1...............10/5/2011

Biometrics.......12/7/2011

Transferred to CSC...........12/15/2011

RFE :( ...................3/16/2012

Approved/Card Production.......4/11/2012

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