Brainstorming on ways to meet the minimum requirements to petition for fiance visa

[GJen 9]

1) I currently have a second job as a waitress where I earn money in tips in addition to the hourly wage. I'm trying to find out how many hours I would need to work in addition to my full time job, but I'm not sure how that works when it comes to tips.

----How do I go about filling out the I-134 when tips are involved?

2)I would eventually like to have my own my own jewelry store once I get in to metalworking. At the moment I'm just making jewelry from beads and wire. I was thinking of taking some of my things around to different stores in the area to see if they may be interested and if they are, maybe I could go ahead and get my busines started by doing consignment until I become more skilled in the area of metalworking.

----I had read before if you were self-employed, you use your assets. Problem is, I don't own a house or car, so is there anyway I could just show my earnings?

Thanks so much and feel free to leave any suggestions! We're still keeping our eyes open for co-sponsors, but I want to have a back up just in case.

Edited February 19, 2009 by GJen

[pushbrk 12,883]

1) I currently have a second job as a waitress where I earn money in tips in addition to the hourly wage. I'm trying to find out how many hours I would need to work in addition to my full time job, but I'm not sure how that works when it comes to tips.

----How do I go about filling out the I-134 when tips are involved?

2)I would eventually like to have my own my own jewelry store once I get in to metalworking. At the moment I'm just making jewelry from beads and wire. I was thinking of taking some of my things around to different stores in the area to see if they may be interested and if they are, maybe I could go ahead and get my busines started by doing consignment until I become more skilled in the area of metalworking.

----I had read before if you were self-employed, you use your assets. Problem is, I don't own a house or car, so is there anyway I could just show my earnings?

Thanks so much and feel free to leave any suggestions! We're still keeping our eyes open for co-sponsors, but I want to have a back up just in case.

For tips, it depends on whether the tips are cash in hand or included with a paycheck. Cash in-hand tips are reported on your income tax return, next year or quarterly if you wish. Until you can show you reported tips to the IRS, you would have a hard time documenting them on an affidavit of support. Self-employed works the same way. You report earnings quarterly by filing with the IRS. Anybody can use assets, not just self-employed people. On the I-134, you state only income that can be docuemented.

[GJen 9]

For tips, it depends on whether the tips are cash in hand or included with a paycheck. Cash in-hand tips are reported on your income tax return, next year or quarterly if you wish. Until you can show you reported tips to the IRS, you would have a hard time documenting them on an affidavit of support. Self-employed works the same way. You report earnings quarterly by filing with the IRS. Anybody can use assets, not just self-employed people. On the I-134, you state only income that can be documented.

I see what you're saying. My question is do they predict my yearly salary(and therefore if I meet the minimum requirements) based on the taxes I filed from the last year? Because with my full time job, it's easy to foresee the amount of money I'll have made at the end of the year. With my part time job as a waitress, everything depends on tips.

[pushbrk 12,883]

For tips, it depends on whether the tips are cash in hand or included with a paycheck. Cash in-hand tips are reported on your income tax return, next year or quarterly if you wish. Until you can show you reported tips to the IRS, you would have a hard time documenting them on an affidavit of support. Self-employed works the same way. You report earnings quarterly by filing with the IRS. Anybody can use assets, not just self-employed people. On the I-134, you state only income that can be documented.

I see what you're saying. My question is do they predict my yearly salary(and therefore if I meet the minimum requirements) based on the taxes I filed from the last year? Because with my full time job, it's easy to foresee the amount of money I'll have made at the end of the year. With my part time job as a waitress, everything depends on tips.

I thought I made that clear in my answer by telling you the circumstances under which tips could be considered. You may assume that under any other circumstances, they will not be considered. What part of that is confusing you?

[GJen 9]

For tips, it depends on whether the tips are cash in hand or included with a paycheck. Cash in-hand tips are reported on your income tax return, next year or quarterly if you wish. Until you can show you reported tips to the IRS, you would have a hard time documenting them on an affidavit of support. Self-employed works the same way. You report earnings quarterly by filing with the IRS. Anybody can use assets, not just self-employed people. On the I-134, you state only income that can be documented.

I see what you're saying. My question is do they predict my yearly salary(and therefore if I meet the minimum requirements) based on the taxes I filed from the last year? Because with my full time job, it's easy to foresee the amount of money I'll have made at the end of the year. With my part time job as a waitress, everything depends on tips.

I thought I made that clear in my answer by telling you the circumstances under which tips could be considered. You may assume that under any other circumstances, they will not be considered. What part of that is confusing you?

I understand that the tips would have to be reported to the IRS and documented in order to count.

What I don't get is that I haven't been working both jobs for a year yet to know how much I will make with the two.

1) My full time job I started in Novemeber of 2008

2) My part time job I started in August of 2008

So how will USCIS know?

For example, I make about $15,000 yearly at my part time job.

My part time job depends on tips and how many hours I work.

Because this information is unknown and I don't have a year's worth of documentation... how will they be able to determine if I meet 125% of the poverty line?

[rebeccajo 14]

They won't be able too.

They don't look at projected earnings. They look at past documentation.

This is why self employed individuals are usually asked to show three years of tax returns rather than one. Averaged past earnings are at least a marginalized predictor of future earnings.

Edited February 19, 2009 by rebeccajo

[GJen 9]

They won't be able too.

They don't look at projected earnings. They look at past documentation.

This is why self employed individuals are usually asked to show three years of tax returns rather than one. Averaged past earnings are at least a marginalized predictor of future earnings.

Uh oh.... so I should probably wait and apply next year then after filing taxes for 2009?

For 2008 I'll only have my last job (4 months making $6.15 an hour for 40 hours a week) and then my current part time job for (4 months of $2.15 per hour + tips + who knows how many hours) and then my current full time job ($8.00 an hour 40 hours a week for 2 months)

=/

[rebeccajo 14]

You're a young woman and many people like yourself find a co-sponsor is required. It's purely a function of not having been out in the workforce long enough yet.

I'd suggest you read up on whether or not your consulate has a 'problem' with co-sponsors. If they don't have a problem with it, you'll save yourself worrying about how to wrangle your earnings.

[GJen 9]

You're a young woman and many people like yourself find a co-sponsor is required. It's purely a function of not having been out in the workforce long enough yet.

I'd suggest you read up on whether or not your consulate has a 'problem' with co-sponsors. If they don't have a problem with it, you'll save yourself worrying about how to wrangle your earnings.

Yeah... then I'll just have to worry about finding a co-sponsor.

*sigh*

Sadly, that seems equally as difficult to obtain.

[rebeccajo 14]

You're a young woman and many people like yourself find a co-sponsor is required. It's purely a function of not having been out in the workforce long enough yet.

I'd suggest you read up on whether or not your consulate has a 'problem' with co-sponsors. If they don't have a problem with it, you'll save yourself worrying about how to wrangle your earnings.

Yeah... then I'll just have to worry about finding a co-sponsor.

*sigh*

Sadly, that seems equally as difficult to obtain.

I understand.

What did you decide about your folks and the engagement news?

[GJen 9]

What did you decide about your folks and the engagement news?

Well, if we have no other choice, I guess we'd have to tell them. I don't except them to grab the pen and start signing on the dotted line once we do though. I can only possibly see them doing that if I explained to them we were trying to bring him here, but we don't meet the requirements, so I guess I'll be moving to Venezuela. Who knows, even then my dad may turn into a mixture of and and tell me it was nice to know me and to have a fun time in my "fantasy world" running into the sunset with my boyfriend.

[pushbrk 12,883]

What did you decide about your folks and the engagement news?

Well, if we have no other choice, I guess we'd have to tell them. I don't except them to grab the pen and start signing on the dotted line once we do though. I can only possibly see them doing that if I explained to them we were trying to bring him here, but we don't meet the requirements, so I guess I'll be moving to Venezuela. Who knows, even then my dad may turn into a mixture of and and tell me it was nice to know me and to have a fun time in my "fantasy world" running into the sunset with my boyfriend.

Welcome to adult life, responsibilities and dealing with practical issues. Eventually, you'll enjoy the freedom that comes with it.

[Gary and Alla 3,694]

For tips, it depends on whether the tips are cash in hand or included with a paycheck. Cash in-hand tips are reported on your income tax return, next year or quarterly if you wish. Until you can show you reported tips to the IRS, you would have a hard time documenting them on an affidavit of support. Self-employed works the same way. You report earnings quarterly by filing with the IRS. Anybody can use assets, not just self-employed people. On the I-134, you state only income that can be documented.

I see what you're saying. My question is do they predict my yearly salary(and therefore if I meet the minimum requirements) based on the taxes I filed from the last year? Because with my full time job, it's easy to foresee the amount of money I'll have made at the end of the year. With my part time job as a waitress, everything depends on tips.

They do not "estimate" anything, ever. First, you state your CURRENT ANNUAL income and its source. Then you support that statement with evidence. For example, if your tips are included and reported to your employer then you will have check stubs showing that. If not, it would be nearly impossible to prove CURRENT income. However, if for example, you state "my current income is $24,000 per year from wages and tips" and last years tax return supports that, at least approximately, and you have bank deposits equaling roughly that amount for the previous 12 months (not a "calender year", the previous 12 months) then they may accept that as evidence you continue to make that amount of money. Of course this assumes you have been depositing your cash tips in the bank and reporting them to the IRS and paying taxes on them. I know many waitresses (and even Secretaries of the Treasury) forget about such things and it eventually BITES them...you know where!

Try to, as best you can, support your statement of income with evidence. Absent that, get a co=sponsor.

[Gary and Alla 3,694]

You're a young woman and many people like yourself find a co-sponsor is required. It's purely a function of not having been out in the workforce long enough yet.

I'd suggest you read up on whether or not your consulate has a 'problem' with co-sponsors. If they don't have a problem with it, you'll save yourself worrying about how to wrangle your earnings.

Yeah... then I'll just have to worry about finding a co-sponsor.

*sigh*

Sadly, that seems equally as difficult to obtain.

They qualify you by CURRENT income first. If you can go out and get a job paying enough money, even if it is only a short time before the interview and get verification of that job (employment letter and check stubs) they will qualify you with that. Last years tax return won't matter and you do not have to wait until you have a full year at your new job. As long as you have a sufficient evidence that the job is permanent and full time with a base pay exceeding the guidelines, you WIN. That may be your easiest way to comply with the requirement. Remember you will also have to qualify again for the AOS (same guidelines)

[damulag 26]

When I waited tables I could report my tips each night when I clocked out and the taxes would be taken out. This way you are proving your tip income with each check. I know some people like to underdeclare their cash tips so they do not have to pay tax on it but I would suggest declaring everything, not only because of the law, but to increase your documented income.