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Additional income on I 134

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Filed: K-1 Visa Country: Nigeria
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Hello, my income for 2009 will be low, so am wondering if an insurance claims settlement check I received this year would count as earned income?

I recieved 3,000 this year from that check and want to use that on the affadate for proof.

Where should i recored that on my form? Is there a place for it?

If I need to make say $24,000 this year for him to get adjustment of status after he arrives, will it be ok if I only earned $20,000 from a job, but own a house valued at $230000, with a mortgage of 170000 Can that bump me up as a qualified sponsor?

Also I have to qualify to support him and myself. I also have joint custody of my daughter 50/50 Do i have to count her as one in the calculation or does she count at one half. Just wondering, because maybe that will mean that I don't have to make as much. Thanks

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Hello, my income for 2009 will be low, so am wondering if an insurance claims settlement check I received this year would count as earned income?

It would be considered "assets" or "Savings" not income. It would have to be 3x the difference needed to meet the level - so if you need(short) $2000, you need to have $6000 in savings for it to count

I recieved 3,000 this year from that check and want to use that on the affadate for proof.

Where should i recored that on my form? Is there a place for it?

Line 7 - savings

If I need to make say $24,000 this year for him to get adjustment of status after he arrives, will it be ok if I only earned $20,000 from a job, but own a house valued at $230000, with a mortgage of 170000 Can that bump me up as a qualified sponsor?

Depends - check this FAQ out - even though it is used for the 864 - they use it for the 134.

Also I have to qualify to support him and myself. I also have joint custody of my daughter 50/50 Do i have to count her as one in the calculation or does she count at one half. Just wondering, because maybe that will mean that I don't have to make as much. Thanks

If you claim her as a dependant on your taxes - you have to count her in the household count.

(moved from K-1 to Embassy - I-134 discussed)

Edited by Bobby_Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Citizen (apr) Country: Ukraine
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Hello, my income for 2009 will be low, so am wondering if an insurance claims settlement check I received this year would count as earned income?

I recieved 3,000 this year from that check and want to use that on the affadate for proof.

Where should i recored that on my form? Is there a place for it?

If I need to make say $24,000 this year for him to get adjustment of status after he arrives, will it be ok if I only earned $20,000 from a job, but own a house valued at $230000, with a mortgage of 170000 Can that bump me up as a qualified sponsor?

Also I have to qualify to support him and myself. I also have joint custody of my daughter 50/50 Do i have to count her as one in the calculation or does she count at one half. Just wondering, because maybe that will mean that I don't have to make as much. Thanks

If it was a single payment settlement...no. If it is an annuity...yes. It would need to be documented as an annuity and the amount paid annually with documentation. A single payment settlement is nothing, unless you put it in the bank and claim it as an asset. Then you will be credited with 1/3 of the amount in the bank as an asset to be counted toward you income shortfall. Assets are valued at 1/3 for calculations of income.

Your home can be used...maybe. You need a professional appraisal or tax statement from your local jurisdiction to establish value and a mortgage statement to show amount owed. You cannot just say "my house is worth $230,000". All assets listed must be documented. The equity will be divided by 3 and added to your income. HOWEVER, if it is your primary residence they may not accept it. Assets must be something you can sell within one year and not affect the family. Where will you live if you sell the house? How much will a new house cost? You see? Consulates have the option to consider or not consider anything and everything. It is a judgement call, not a "pass/fail" level. You are dealing with Nigeria, probably the most difficult consulate in the world. What works in Kiev, does not always work in Lagos. If they allow co-sponsors it would be best to line one up.

Reagrding your daughter, if you claimed her as a dependent on your 2008 tax return, you have to claim her on the I-134

Edited by Gary and Alla

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

Gary And Alla

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