I-134 income question

[oregon30 0]

I am working on my I-134 form and I was wondering if as part of my income for the current year can I put the settlement I receive for a car accident? if so what amount should I use? the total amount recovery? or just the net that was giving to me? because the net amount is after paying my attorney fess, so I need to figure this out.

Thanks in advance.

[Bobby+Umit 161]

Are you needing to use assets to cover the poverty level? (settlement is not usually not considered income, as it is a one shot deal, unless, of course, it will be paid over as an annual payment)

If you are not, no need for assets.

Will your current income be sufficient to meet the criteria? (without the settlement?)

(moved from K-1 to Embassy - more related)

Edited December 23, 2009 by Bobby_Umit

[oregon30 0]

Are you needing to use assets to cover the poverty level? (settlement is not usually not considered income, as it is a one shot deal, unless, of course, it will be paid over as an annual payment)

If you are not, no need for assets.

Will your current income be sufficient to meet the criteria? (without the settlement?)

(moved from K-1 to Embassy - more related)

I want to use this settlement to use to meet the poverty guidelines because due to the accident I wasn't able to work. So in that case what could I do?

[Gary and Alla 3,694]

I am working on my I-134 form and I was wondering if as part of my income for the current year can I put the settlement I receive for a car accident? if so what amount should I use? the total amount recovery? or just the net that was giving to me? because the net amount is after paying my attorney fess, so I need to figure this out.

Thanks in advance.

No. One time insurance settlements are not income and will not be counted as such. An ongoing annuity or something like ongoing workman's comp with a statutory guarantee of return to work does count but must be accompnaied by a court order or award letter and proof of payment.

A settlement, if it was deposited in your bank account, could be counted as an asset. Assets are valued at 1/3 of their value for calculation of income. For example, $50,000 in the bank would count as about $17,000 toward calculating annual income.

[oregon30 0]

No. One time insurance settlements are not income and will not be counted as such. An ongoing annuity or something like ongoing workman's comp with a statutory guarantee of return to work does count but must be accompnaied by a court order or award letter and proof of payment.

A settlement, if it was deposited in your bank account, could be counted as an asset. Assets are valued at 1/3 of their value for calculation of income. For example, $50,000 in the bank would count as about $17,000 toward calculating annual income.

got it thanks.

[Gary and Alla 3,694]

This is flawed thinking also. You use current annual income for the I-134. If you got a job yesterday for $45,000 per year, your current annual income is $45,000. It wouldn't matter that you didn't work for 6 months earlier this year because of a car accident or anything else. The I-134 is a present tense document, what is your annual income TODAY, the day you fill it out?

That said, as described above, the settlement can be used as an asset if it is your bank account. It is not income.

[oregon30 0]

This is flawed thinking also. You use current annual income for the I-134. If you got a job yesterday for $45,000 per year, your current annual income is $45,000. It wouldn't matter that you didn't work for 6 months earlier this year because of a car accident or anything else. The I-134 is a present tense document, what is your annual income TODAY, the day you fill it out?

That said, as described above, the settlement can be used as an asset if it is your bank account. It is not income.

No the money is not on bank account I have an statement it show was there than withdraw, when the economy started going down I keep the money on the safe this times I don't trust banks and about annual income would a letter from my Union office showing my length of working for them and Hourly salary would work? because they way it works for construction union they have your hourly wage by contract and they send you to work for different contractors, witch mean you might work 1 to 12 months.

thanks.

[Gary and Alla 3,694]

This is flawed thinking also. You use current annual income for the I-134. If you got a job yesterday for $45,000 per year, your current annual income is $45,000. It wouldn't matter that you didn't work for 6 months earlier this year because of a car accident or anything else. The I-134 is a present tense document, what is your annual income TODAY, the day you fill it out?

That said, as described above, the settlement can be used as an asset if it is your bank account. It is not income.

No the money is not on bank account I have an statement it show was there than withdraw, when the economy started going down I keep the money on the safe this times I don't trust banks and about annual income would a letter from my Union office showing my length of working for them and Hourly salary would work? because they way it works for construction union they have your hourly wage by contract and they send you to work for different contractors, witch mean you might work 1 to 12 months.

thanks.

If you withdrew the money it is not even available as an asset. Assets claimed have to have documetation. You cannot just say "I have $50,000 in a hollowed out book on the shelf". If you need it for an asset, put it back in the bank.

Do you work full time CURRENTLY? Multiply your hourly wage by 2080 hrs for annual income. Show recent check stubs.

If you are not currently working, then you are still EMPLOYED by the union (employed and "working" are NOT the same) and you can annualize your income, (year to date divided by weeks to date times 52) All perfectly acceptable. I find it hard to belive, if you are in construction, that you do no thave enough gross income for a family of four. I am a construction manager/consultant and even laborers are making more than enough to qualify for a family of four, I mean it is only about $25,000 or so per year. Especially if you are union labor, you mean you make less than $13 per hour as a union construction worker? Tradesmen here are making more than double that amount...non-union.

[oregon30 0]

If you withdrew the money it is not even available as an asset. Assets claimed have to have documetation. You cannot just say "I have $50,000 in a hollowed out book on the shelf". If you need it for an asset, put it back in the bank.

Do you work full time CURRENTLY? Multiply your hourly wage by 2080 hrs for annual income. Show recent check stubs.

If you are not currently working, then you are still EMPLOYED by the union (employed and "working" are NOT the same) and you can annualize your income, (year to date divided by weeks to date times 52) All perfectly acceptable. I find it hard to belive, if you are in construction, that you do no thave enough gross income for a family of four. I am a construction manager/consultant and even laborers are making more than enough to qualify for a family of four, I mean it is only about $25,000 or so per year. Especially if you are union labor, you mean you make less than $13 per hour as a union construction worker? Tradesmen here are making more than double that amount...non-union.

I do plenty of money way more than the poverty guidelines for family of 4, but because of my time off work due to my car accident I couldn't work for awhile and been very confuse will this guidelines, Yes I am still employed by the union, and recently finish a project going back to work in January, since the union contract prohibit work for a non union company I am working in a non construction related trade, while I am going back to work for the Union in January.

thanks for the last info that makes more sense to me now.

Thanks again.

[Gary and Alla 3,694]

I do plenty of money way more than the poverty guidelines for family of 4, but because of my time off work due to my car accident I couldn't work for awhile and been very confuse will this guidelines, Yes I am still employed by the union, and recently finish a project going back to work in January, since the union contract prohibit work for a non union company I am working in a non construction related trade, while I am going back to work for the Union in January.

thanks for the last info that makes more sense to me now.

Thanks again.

I fail to see your problem. If your current income exceeds the guidelines, you qualify. It does not matter that you were off work earlier this year because of a car accident.

If your salary is $60,000 per year and you missed May-November due to a car accident, now it is December. what is your current annual income? $60,000 !. It does not matter that you were not employed for the whole year, as stated earlier, you could get the job today and fill out the I-134 tomorrow.

Your CURRENT annual income is your construction EMPLOYMENT (you are still employed by the union) plus whatever you make on your "other job". What is your gross hourly rate? $25 for example....

$25 times 2080 = $52,000. what income will you have from your other work? $8000? So your current annual income is $60,000. What are you worried about? Your income is more than double what you need

"I am currently employed as carpenter/sales clerk and derive an annual inomce of $60,000" Attach check stubs to show your income. Attach last years income tax return (doesn't matter if you made that much or not, or even made enough to qualify, that was last year, you qualify on current income)

I do plenty of money way more than the poverty guidelines for family of 4, but because of my time off work due to my car accident I couldn't work for awhile and been very confuse will this guidelines, Yes I am still employed by the union, and recently finish a project going back to work in January, since the union contract prohibit work for a non union company I am working in a non construction related trade, while I am going back to work for the Union in January.

thanks for the last info that makes more sense to me now.

Thanks again.

I fail to see your problem. If your current income exceeds the guidelines, you qualify. It does not matter that you were off work earlier this year because of a car accident.

If your salary is $60,000 per year and you missed May-November due to a car accident, now it is December. what is your current annual income? $60,000 !. It does not matter that you were not employed for the whole year, as stated earlier, you could get the job today and fill out the I-134 tomorrow.

Your CURRENT annual income is your construction EMPLOYMENT (you are still employed by the union) plus whatever you make on your "other job". What is your gross hourly rate? $25 for example....

$25 times 2080 = $52,000. what income will you have from your other work? $8000? So your current annual income is $60,000. What are you worried about? Your income is more than double what you need

"I am currently employed as carpenter/sales clerk and derive an annual inomce of $60,000" Attach check stubs to show your income. Attach last years income tax return (doesn't matter if you made that much or not, or even made enough to qualify, that was last year, you qualify on current income)

[oregon30 0]

I fail to see your problem. If your current income exceeds the guidelines, you qualify. It does not matter that you were off work earlier this year because of a car accident.

If your salary is $60,000 per year and you missed May-November due to a car accident, now it is December. what is your current annual income? $60,000 !. It does not matter that you were not employed for the whole year, as stated earlier, you could get the job today and fill out the I-134 tomorrow.

Your CURRENT annual income is your construction EMPLOYMENT (you are still employed by the union) plus whatever you make on your "other job". What is your gross hourly rate? $25 for example....

$25 times 2080 = $52,000. what income will you have from your other work? $8000? So your current annual income is $60,000. What are you worried about? Your income is more than double what you need

"I am currently employed as carpenter/sales clerk and derive an annual inomce of $60,000" Attach check stubs to show your income. Attach last years income tax return (doesn't matter if you made that much or not, or even made enough to qualify, that was last year, you qualify on current income)

I fail to see your problem. If your current income exceeds the guidelines, you qualify. It does not matter that you were off work earlier this year because of a car accident.

If your salary is $60,000 per year and you missed May-November due to a car accident, now it is December. what is your current annual income? $60,000 !. It does not matter that you were not employed for the whole year, as stated earlier, you could get the job today and fill out the I-134 tomorrow.

Your CURRENT annual income is your construction EMPLOYMENT (you are still employed by the union) plus whatever you make on your "other job". What is your gross hourly rate? $25 for example....

$25 times 2080 = $52,000. what income will you have from your other work? $8000? So your current annual income is $60,000. What are you worried about? Your income is more than double what you need

"I am currently employed as carpenter/sales clerk and derive an annual inomce of $60,000" Attach check stubs to show your income. Attach last years income tax return (doesn't matter if you made that much or not, or even made enough to qualify, that was last year, you qualify on current income)

My worry was not being working for the union the whole year . And that I was going to submit my current employment salary ( with that obviously I wouldn't qualify) but now I understand better I am 100% sure that I qualified becuse I can used both my union salary and my current employment salary.

Thanks again

[Gary and Alla 3,694]

This is caused by a misunderstanding of words. You CURRENTLY have two employers, the union and whoever else you are employed by. "Employed" is NOT the same as "working" and "working" is not the same as employed. A person can be self employed but not working every day, he is still employed. As long as you are a dues paying member of the union, you are employed by the union. Your annual salary, legitimately stated, is your hourly wage when working x 2080. Attach your most recent check stubs to prove it. Your other job is your hourly wage x whatever hours you typically work. If it is currently full time then it would also be x 2080 and the combined income is your current annual income. Anyone making this statement is making a projection, as long as the projection is legitimate and backed by facts, you are good to go. A person with a $60,000 per year salary job would fill out the form and say $60,000 per year. What if he gets laid off 2 months from now? Nothing, it was true and correct at the time the form was filled out. You are not required to update the I-134 unless you filled it out like 6 months in advance, and the consulate does not verify income with other than the documents you present.

Fill out and sign the I-134 as close as possible to the interview date

[oregon30 0]

This is caused by a misunderstanding of words. You CURRENTLY have two employers, the union and whoever else you are employed by. "Employed" is NOT the same as "working" and "working" is not the same as employed. A person can be self employed but not working every day, he is still employed. As long as you are a dues paying member of the union, you are employed by the union. Your annual salary, legitimately stated, is your hourly wage when working x 2080. Attach your most recent check stubs to prove it. Your other job is your hourly wage x whatever hours you typically work. If it is currently full time then it would also be x 2080 and the combined income is your current annual income. Anyone making this statement is making a projection, as long as the projection is legitimate and backed by facts, you are good to go. A person with a $60,000 per year salary job would fill out the form and say $60,000 per year. What if he gets laid off 2 months from now? Nothing, it was true and correct at the time the form was filled out. You are not required to update the I-134 unless you filled it out like 6 months in advance, and the consulate does not verify income with other than the documents you present.

Fill out and sign the I-134 as close as possible to the interview date

Thanks now I am fully convince I am good to go.

I really appreciate the help.

[rebeccajo 14]

You are not employed by a Union. You are a member.

Because of the seasonal nature of your work, your income should be treated similarly to that of a self employed individual. Meaning the most effective method of verifying your wages would be to take a three year average.

[oregon30 0]

You are not employed by a Union. You are a member.

Because of the seasonal nature of your work, your income should be treated similarly to that of a self employed individual. Meaning the most effective method of verifying your wages would be to take a three year average.

You mean using my last 3 years of taxes?