I135

[ScottThuy 140]

I read the guides and a bunch of posts that were similar to my questions but not smilar enough.

Ok this is how it will look to those at HCMC...

I filed a joint return with my ex last year to benefit from the interest on the mortgage I paid before we split. ( I look for every writeoff I can find) I am also a self employed contractor and am able to write off a chunk of my income since my job requires me to go to VN and when I go for personal reasons I always include a meeting or two to make it a business trip. That said.. My Gross is reduced, but I am still far above the required income after the reduction. So no problem when it comes to how much I make and being able to provide.... I intend to include copies of recent pay stubs that will include year to date figures when I file the I135....

1. Will filing with the ex throw up a red flag. if so how do I address it?

2. Do I need to fill in the assets portion since it doesn't matter?

3. Do I need a bank letter since I have last year taxes and current proof of income?

4. Since I am a contractor do I need a letter from any of my employers?

5. Should I go ahead and get a copy of the tax record from IRS even though I have copies of all filings?

I want her to be able to walk in and them glance at her paperwork and have the pink form out filing it in as she says hi. So any advice I can get to be a step ahead is appreciated.

[feelinglucky 1]

I read the guides and a bunch of posts that were similar to my questions but not smilar enough.

Ok this is how it will look to those at HCMC...

I filed a joint return with my ex last year to benefit from the interest on the mortgage I paid before we split. ( I look for every writeoff I can find) I am also a self employed contractor and am able to write off a chunk of my income since my job requires me to go to VN and when I go for personal reasons I always include a meeting or two to make it a business trip. That said.. My Gross is reduced, but I am still far above the required income after the reduction. So no problem when it comes to how much I make and being able to provide.... I intend to include copies of recent pay stubs that will include year to date figures when I file the I135....

1. Will filing with the ex throw up a red flag. if so how do I address it?

2. Do I need to fill in the assets portion since it doesn't matter?

3. Do I need a bank letter since I have last year taxes and current proof of income?

4. Since I am a contractor do I need a letter from any of my employers?

5. Should I go ahead and get a copy of the tax record from IRS even though I have copies of all filings?

Scott, first of all the form is called an I-134.......but details will only bog you down. From your timline I have predicted your interview will be in January. You have plenty of time to prepare that package for your fiancee to hand submit during her interview. You should provide her with your completed 134( documents) dating no eariler that November . Include a copy of your 10-99 stub i dont think your using a W-2, along with a tax transcript for 2008 not a copy of your tax return papers. The 2007and 2006 are overkill because you stated that you have already met proverty guidelines. You will need a letter from current employer the name of the business who issue your check along with your bank letter stating lenght of account being opened and current balance in checking and savings. Employers letter should state lenght of employement and current earning for 2009, and position held. Four current paycheck stubs dating from November & December will due. Finally make sure she has a official Divcorce decree copy from your city hall not copy of judgement. You can request the copy at cleark window it's offical title is called "Exemplification" for international recognition it will have offical seals along with copies of judgement. Also attach to the divorce doc, your ex-spouse personel info her name, dob, current address, and copies of proof of her current address.( drivers licence, bills)

Good Luck & God Speed, Lucky

[ScottThuy 140]

fat fingered the 4 to a 5...twice.. oops I-135

I actually am paid by 6 different Universities... a couple w-2 but the rest 1099 any one of them would be enough to exceed the financial requirements... so a letter from 1 would suffice? Academics are just like USCIS. everything takes forever so I am looking to get the letter requested as soon as I can as it may take months...

Is the exemplification different from a certified copy from the clerk of courts?

[Anh map 2,098]

Certified copy of divorce decree is ok at HCMC.

[ScottThuy 140]

Certified copy of divorce decree is ok at HCMC.

Kewl thats in the 129F and I will take a seperate set of originals/ certified copies with us as well... I am not looking to have her carry 30 pounds of documents like some others have, but she will have everything they need.

[Gary and Alla 3,694]

I read the guides and a bunch of posts that were similar to my questions but not smilar enough.

Ok this is how it will look to those at HCMC...

I filed a joint return with my ex last year to benefit from the interest on the mortgage I paid before we split. ( I look for every writeoff I can find) I am also a self employed contractor and am able to write off a chunk of my income since my job requires me to go to VN and when I go for personal reasons I always include a meeting or two to make it a business trip. That said.. My Gross is reduced, but I am still far above the required income after the reduction. So no problem when it comes to how much I make and being able to provide.... I intend to include copies of recent pay stubs that will include year to date figures when I file the I135....

1. Will filing with the ex throw up a red flag. if so how do I address it?

2. Do I need to fill in the assets portion since it doesn't matter?

3. Do I need a bank letter since I have last year taxes and current proof of income?

4. Since I am a contractor do I need a letter from any of my employers?

5. Should I go ahead and get a copy of the tax record from IRS even though I have copies of all filings?

I want her to be able to walk in and them glance at her paperwork and have the pink form out filing it in as she says hi. So any advice I can get to be a step ahead is appreciated.

I am far from being an expert on HCMC. Anh Map And JimVaPhong are your guys for that. That said...

1. I would say YES. I am aware of 3 cases in Kiev recently (one last week) with this same situation and they were all grilled about it. Kiev is normally a very easy consulate with many "no questions asked" interviews. If Kiev asks about it, HCMC definitely will. In the 3 cases in Kiev, ALL received a visa along with the questions, so the situation does not disqualify you, but your fiancee needs to know simple, direct and clear answers without any facetious BS. It is simple to explain, you were officially married on December 31, 2008 and used that to your advantage for taxes. If you were NOT officially married then, you cheated on your taxes. Not sure how the consulate will view that, they don't collect tax. In the cases I know of the petitioner WAS actually married on December 31, 2008 their divorces were finalized shortly thereafter and they filed for the petition right away.

2. If your income is sufficient, no, you can leave it blank

3. I would strongly suggest a bank letter for self employed people, it is, in your case, the same as "check stubs". They want to see your personal account, not the business account. You mentioned check stubs. Is your business incorporated? If yes, and you pay yourself as an employee (even if you are the ONLY employee) then you are not self-employed and not a contractor, you are an employee of your own corporation and would submit a tax return and w-2 just like any other employee. If the "check stubs" are payments from clients, they are not personal income, they are business income. The consulate doesn't care about that. If they are check stubs from the business, transferring money to you, then yes you could attach them but a bank letter serves the same purpose if you deposit the checks into your personal account. The problem with check stubs you write to yourself is that I could get out my business checkbook, write a bunch of checks to myself, copy them and then tear them up. At least the bank letter shows they were deposited. Also a bank letter helps you in another way...if you reimburse yourself for expenses those will also show up as "deposits" even though they are not "income". I receive reimbursement from my company of, usually, more than $1000 per month. I did not count it as income on my affidavits, but my bank letter shows them as deposits. Naturally the bank deposits exceed the stated income, but no one ever asked about that.

4. Since you are a contractor, you have no "employers". You have clients. If you want to attach letters from them, it is fine. Probably not a bad idea for HCMC. My 2007 tax return (which I used for our visa interview) was self employment income, I did not attach any letters from clients

5. I would suggest getting a transcript, especially for self employed. A self employed person could easily make up any kind of tax return and attach the necessary documentation, a tax transcript from the IRS will be better. I did not do this, but were I dealing with HCMC and not Kiev, I would have.

For stating "current" income on the I-134, you have two good options. You can state last years tax return amount if that benefits you, OR you can take your year to date income, divide by the number of months and multiply by 12. If you have any big projects or contracts coming up later in the year, add that to the average. Basically formulate a supportable answer based on current YTD performance. It is perfectly true and accurate at the time you do the I-134, your bank deposits will support that.

[Gary and Alla 3,694]

fat fingered the 4 to a 5...twice.. oops I-135

I actually am paid by 6 different Universities... a couple w-2 but the rest 1099 any one of them would be enough to exceed the financial requirements... so a letter from 1 would suffice? Academics are just like USCIS. everything takes forever so I am looking to get the letter requested as soon as I can as it may take months...

Is the exemplification different from a certified copy from the clerk of courts?

Ok, then you have documetation with w-2s and 1099s. Great, thats better. I would still throw in a bank letter. Seek the employment letters from the ones that give you a w-2. You are going to need an extra sheet to list the employers. You are, technically both employed and self employed. On the I-134, list your total income and "see attached" for employer. Attach a sheet detailing the income from each. Sounds like a good problem to have.

[ScottThuy 140]

Thanks, You bring up a good point that I am paid irregularly for the most part... Lump sums hit the bank at the end of terms... some every 8 weeks some every 12 or 16... only one pays every other week... thast rare in my business... By the time she goes near the end of the year I will have plenty of check stubs to take with me along with a BOA statement and IRS transcript....

Anyone familiar with how to get the transcript?

[Anh map 2,098]

Call the number. It's quick and easy. Got ours after a couple of weeks. Below is copied from IRS site.

Requesting transcripts (individuals):

You have two easy and convenient options for getting copies of your federal tax return information--tax return transcripts and tax account transcripts--by phone or by mail.

Request transcripts by calling 1-800-829-1040, or order by mail using IRS Form 4506T (Request for Transcript of Tax Return). We do not charge a fee for transcripts. Allow two weeks for delivery.

Definitions:

A tax return transcript shows most line items from your tax return (Form 1040, 1040A or 1040EZ) as it was originally filed, including any accompanying forms and schedules. It does not reflect any changes you, your representative or the IRS made after the return was filed. In many cases, a return transcript will meet the requirements of lending institutions such as those offering mortgages and for applying for student loans.

A tax account transcript shows any later adjustments either you or the IRS made after the tax return was filed. This transcript shows basic data, including marital status, type of return filed, adjusted gross income and taxable income.

[ScottThuy 140]

Just got off of the phone with IRS about tax transcripts... the automated system didnt work well.. waited 10 min and got a real voice.. she faxed it to me... no wait...

Thanks..