I-134

[Golden Boy 0]

Hello all

I'm anticipating the arrival of our NOA2 in the next several weeks. So, getting ready to send my packet out to my fiance.

The questions I have:

I've been self employed for many years and try to keep my stated income relatively low. I'm single with no dependents and 2009 will show my adjusted gross income )I believe line 22 of my 1040) states $20,100. According to the Federal poverty guidelines this should be sufficient for 2 people, right?

Does the Consular adjudicator use this as an exact guideline for income or do they have autonomous decision-making regarding income?

Second part:

Being self employed, is an IRS Tax transcript sufficient enough for income verification for the I-134 or do I need to send a complete copy of taxes including 1099's?

I was reading that the requirements when filing I-864 AOS that it is necessary if self employed to include copies of all the schedules (C,D,E,F etc.) does this pertain to the I-134 also or only the I-864?

Sorry for the tedious questions. I just want to be thorough and exact when sending the documents. I want everything to meet all specifications the first time.

Once again thanks to all the great info this forum has provided!

Matthew

Edited July 2, 2010 by Golden Boy

[Golden Boy 0]

Help? Anyone???

[Audy_Rob 26]

Help? Anyone???

A tax transcript will contain all of the information and schedules required. There are two types of tax transcripts and since you are self-employeed, you should get the long version as it will include the detail of Schedule C. You should plan on getting three years of tax transcripts since it is the Philippines and you are self-employed.

While the 20,100 will exceed the 125% threshold of the poverty level for two, the Consular Officers (COs) are allowed to reject the income even if it exceeds the 125% if they believe there is a real chance the Alien Beneficiary will become a US Charge. This is outlined in a 1997 Memo to three Embassies from the Secretary of State st DoS.

Hopefully the total income picture you present will be positive keeping the CO from worrying about your alien beneficiary becomiing a Public Charge.

To help in that regard, you should (must) plan on documenting current income through 2010 to current date.

Good luck.

[garmar 0]

I have a similar situation except my income is right on the margin for 2010. Also I was told by a Visa specialist that they go by the adjusted gross income not the total income (line 22). Wish someone knew a definitive answer to that one. I am going to send my 2008, 2009 and 2010 transcripts as well as returns. I am also sending a Profit and loss statement for my business for 1/1/2011 to current date. I believe having it endorsed by an accountant also helps. I also have taken on a part time job to add a few thousand to my current income. Inconvenient yes but if we got denied I would certainly be looking at those options so why not just get it right the first time. I am still questioning as to whether they use the income guidelines for 2010 when evaluating 2010 income or do they use the current 2011 guideline which is $18,387 for two. Does anyone have any input.....suggestions etc.??

[Anh map 2,098]

I have a similar situation except my income is right on the margin for 2010. Also I was told by a Visa specialist that they go by the adjusted gross income not the total income (line 22). Wish someone knew a definitive answer to that one. I am going to send my 2008, 2009 and 2010 transcripts as well as returns. I am also sending a Profit and loss statement for my business for 1/1/2011 to current date. I believe having it endorsed by an accountant also helps. I also have taken on a part time job to add a few thousand to my current income. Inconvenient yes but if we got denied I would certainly be looking at those options so why not just get it right the first time. I am still questioning as to whether they use the income guidelines for 2010 when evaluating 2010 income or do they use the current 2011 guideline which is $18,387 for two. Does anyone have any input.....suggestions etc.??

For a self employed person the income used is line 22 of the most recent year's (2010) form 1040. The current 2011 income guidelines will be used when evaluating the affidavit of support.