We are deficient of his 2007 tax returns by $2288

[wifetobe 2]

Our lawyer has just told us this: "We can fall back on assets either yours or Nate’s. If we use assets, we must be able to demonstrate that we have 5 times the amount we are deficient. In our case, we must demonstrate we have assets in the amount of $11,440.00."

Okay, so Nathan does not have that amount of savings or any bank statements showing this amount and I only have $8k to bring with me as the rest of it is tied up in the stupid house I couldn't sell due to the housing market crisis. Although he is earning well above the poverty line this year, last years tax returns isn't going to see us through the interview with approved, is it? My interview is next week and I can't believe this is happening NOW Any solutions anyone?

[Boiler 45,482]

Check with the Consulate but sounds like you have enough to self sponsor a K1.

AoS is another issue.

[SusieK 3]

Check with the Consulate but sounds like you have enough to self sponsor a K1.

AoS is another issue.

Hun,

Get appraisal now and make sure you have redemption against assets and you will be fine - You can show million dollar house on market but if you owe 1.2 million that does not work, hence the redemption from mortgage company =- your ok babes get this and your fine!!!!!!!

[Nich-Nick 3,354]

I may be wrong, but I thought they were interested in current income. If you can document with paystubs and a letter from his employer stating his job is permanent and he earns x dollars a month, isn't that enough? Lot's of people's income increases from year to year, so it makes sense that he could be making more now than what he did last year. It doesn't say in the instructions that the previous tax return must show 125% of the poverty level, but the return helps them get an overall picture of income. I've even read in several places (government memos) that for K1 it's 100% of poverty level. I realize you have to show the 125% almost immediately for AOS and that is probably why they say you should have it for K1 interview. Just show them what you've got and plead your case with the current income and you should be fine. At this point, give it your best shot and see what happens.

[wifetobe 2]

Hun,

Get appraisal now and make sure you have redemption against assets and you will be fine - You can show million dollar house on market but if you owe 1.2 million that does not work, hence the redemption from mortgage company =- your ok babes get this and your fine!!!!!!!

I will try that hon but my lawyer already knows that I have unsold property and he would've suggested that..I know lawyers don't know everything either... so am unsure what will work for the consul at this time next week GRR.

[wifetobe 2]

I may be wrong, but I thought they were interested in current income. If you can document with paystubs and a letter from his employer stating his job is permanent and he earns x dollars a month, isn't that enough? Lot's of people's income increases from year to year, so it makes sense that he could be making more now than what he did last year. It doesn't say in the instructions that the previous tax return must show 125% of the poverty level, but the return helps them get an overall picture of income. I've even read in several places (government memos) that for K1 it's 100% of poverty level. I realize you have to show the 125% almost immediately for AOS and that is probably why they say you should have it for K1 interview. Just show them what you've got and plead your case with the current income and you should be fine. At this point, give it your best shot and see what happens.

Yep I think that is what I will have to do. My best. And hope I get a consul who is feeling charitable.. Yep he's earning a very good salary this year but they base the income picture on last year's returns like you said..I believe that the instructions of the tax returns helps them get an overall picture of income and that the $2288 shortfall causes the problem. Like I says, I will do my best and put on my snoopy face and hope that the $8k savings I have is sufficient enough.

[Big Papa Zone 93]

I may be wrong, but I thought they were interested in current income. If you can document with paystubs and a letter from his employer stating his job is permanent and he earns x dollars a month, isn't that enough? Lot's of people's income increases from year to year, so it makes sense that he could be making more now than what he did last year. It doesn't say in the instructions that the previous tax return must show 125% of the poverty level, but the return helps them get an overall picture of income. I've even read in several places (government memos) that for K1 it's 100% of poverty level. I realize you have to show the 125% almost immediately for AOS and that is probably why they say you should have it for K1 interview. Just show them what you've got and plead your case with the current income and you should be fine. At this point, give it your best shot and see what happens.

Yep I think that is what I will have to do. My best. And hope I get a consul who is feeling charitable.. Yep he's earning a very good salary this year but they base the income picture on last year's returns like you said..I believe that the instructions of the tax returns helps them get an overall picture of income and that the $2288 shortfall causes the problem. Like I says, I will do my best and put on my snoopy face and hope that the $8k savings I have is sufficient enough.

Dora

I'll tell all the COs on Monday that you'll be in on Friday, and that you're not to be ###### with, OK? Nailed on denial.......

[PlatyPius 5]

I had a long period of nothing between I.T. contracts the tax year before Mags and I filed. Ergo, my income from the previous year was about $2000 short of the requirement. It wasn't a problem.

[MargotDarko 0]

Your lawyer is wrong that you need 5 times the shortfall. When the assets are yours or your spouse's, you only need 3 times the shortfall. So, ta da!! To me it sounds like you'll be fine for both the K1 and AOS if your assets remain the same.

EDIT - Also, if you have equity in the house, you can use the equity even without selling it. Just needs a recent appraisal and proof of what you have left to pay on the mortgage.

Edited October 17, 2008 by MargotDarko

[Boiler 45,482]

The need to have filed taxes and the current income are not related.

For a K1 it sounds that you have enough cash to self sponsor. But it sounds you do not have an issue anyway.

[NickyMcMillan 0]

Had our case been dependent on Lindsay's 2007 tax return we would have been denied. As it is, Lindsay now makes well over the poverty line and that was all they cared about.

Good luck!

[wifetobe 2]

I had a long period of nothing between I.T. contracts the tax year before Mags and I filed. Ergo, my income from the previous year was about $2000 short of the requirement. It wasn't a problem.

Thank you so much!!

[wifetobe 2]

Had our case been dependent on Lindsay's 2007 tax return we would have been denied. As it is, Lindsay now makes well over the poverty line and that was all they cared about.

Good luck!

Thanks Nicky, seriously I thought that last years didn't matter as much in comparison to what he's earning now.

[Nich-Nick 3,354]

Yep he's earning a very good salary this year but they base the income picture on last year's returns like you said..

No, that isn't what I said. Current income is the most important. And hopefuly he put on the I-134 income line his current earnings, not his 2007.

[wifetobe 2]

Yep he's earning a very good salary this year but they base the income picture on last year's returns like you said..

No, that isn't what I said. Current income is the most important. And hopefuly he put on the I-134 income line his current earnings, not his 2007.

Thanks Nich-Nick, he has put his current income on the I-134. With whatever we have, we will give them everything we have.........that's the best we can do.