help please !

[JFMMZZ 0]

My fiance has interview March 3, 2009. I am working and making over 125% of poverty for family of 5 since January 2009. (income from my 2 jobs = $32600). I was self employed and did not earn enough income to file income taxes for 2006, 2007, and 2008. I don't have a cosponsor. I will include employment verification letter and pay receipts. I have read that my current income is what is important. I have specific reasons why my income was lower in the past and I will include a letter detailing these reasons. I have a 12 year old daughter who is autistic and I have been a single father caring for her since her mother died when she was 3 years old. This is why my income was low in the past. In November I was named her conservator for her estate which contains over $178,000 and I receive over $18,000 for her per year from this for childcare and therapy for her and this has enabled me to work much more. Also, she is receiving $7260 in social security survivors benefits. What income do I include in the I-134? Thank you very much.

[Terri and Seb 0]

I would be a little concerned, if I were you. You need to show that you can support your fiance, and you have not actually met the poverty guidelines for this year yet if you've only been working for 1 month. While that may be your annual salary by the end of the year, if something else comes up with your daughter (heaven forbid) you will not be able to meet the requirements with your income alone. During the adjustment of status phase, tax transcripts from the past 3 years are to be included. Since you are borderline, you may want to look into getting a cosponsor.

I, personally, know little to nothing about how your estate or your daughter's benefits would factor into this however- so you may be fine. But based on income alone, I do not think you would meet the requirements. Hopefully someone else can come along to answer your questions about the estate and SS benefits. Best of luck!

[Gary and Alla 3,694]

I would be a little concerned, if I were you. You need to show that you can support your fiance, and you have not actually met the poverty guidelines for this year yet if you've only been working for 1 month. While that may be your annual salary by the end of the year, if something else comes up with your daughter (heaven forbid) you will not be able to meet the requirements with your income alone. During the adjustment of status phase, tax transcripts from the past 3 years are to be included. Since you are borderline, you may want to look into getting a cosponsor.

I, personally, know little to nothing about how your estate or your daughter's benefits would factor into this however- so you may be fine. But based on income alone, I do not think you would meet the requirements. Hopefully someone else can come along to answer your questions about the estate and SS benefits. Best of luck!

In most consulates, it is current income which is the first determining factor. If you currently have the $32k income and can prove it with employment letter and some check stubs, you should be OK. Attach a letter explaining the circumstances of not filing taxes. I know it would be sufficient in Kiev, providing your supporting documentation is adequate. Make sure the employment letter states it is a full time, permanent position. SS benefits are "income" provided you have the "award letter" and some check stubs. Assets are counted toward the income qualification at a 3 to 1 ratio for the I-134. $3000 assets equals $1000 "income".

[Gary and Alla 3,694]

My fiance has interview March 3, 2009. I am working and making over 125% of poverty for family of 5 since January 2009. (income from my 2 jobs = $32600). I was self employed and did not earn enough income to file income taxes for 2006, 2007, and 2008. I don't have a cosponsor. I will include employment verification letter and pay receipts. I have read that my current income is what is important. I have specific reasons why my income was lower in the past and I will include a letter detailing these reasons. I have a 12 year old daughter who is autistic and I have been a single father caring for her since her mother died when she was 3 years old. This is why my income was low in the past. In November I was named her conservator for her estate which contains over $178,000 and I receive over $18,000 for her per year from this for childcare and therapy for her and this has enabled me to work much more. Also, she is receiving $7260 in social security survivors benefits. What income do I include in the I-134? Thank you very much.

Sorry, I needed to read that more carefully. Your daughter will have to be counted on the I-134 as a person dependant on you, normally HER income cannot be attributed to you, however it IS income for the household as well as her estate (which is not "yours" you are the consevator) could be considered "household income" but you may need to check with someone more familiar with this unusual "twist". However, that said, your income of 32K should be accepted and adequate.

[Terri and Seb 0]

I am asking not to disagree with what you're saying, but out of general curiosity. He stated that he's only been working in this position for a month, and technically hasn't earned the 32K/year yet. Does this matter?