Hit a major snag... it may be over

[Colin&Lori 6]

am sure my Fiancee has said it all to explain things...

when we first heard that news it absolutly devastated us our dreams shattered....not that we would have given up, but it was just very very hard to hear that, and i would fight for my baby forever just not a another option for me i need to be with my soulmate...

but with the help of this wonderful site and a lot of caring people it had provided light at the end of the tunnel again

and i just want to say thanks for everyone's help and being there for us and for all your support and hugs

[soulprovider915 4]

That's fine, but not necessary. You do not qualify on last years income. You qualify with current income. There is no need at all for the government to get money they did not earn in order for her to appear to make more than she did.

For example, lets say you were self employed all of 2010 and do your taxes in February and write off ALL your income and show a loss. THEN in March you get a regular job making $45,000 per year and fill out the I-134 in April. What is your current income in April? $45,000 per year. What does last year's loss have to do with anything? Nothing. Or you can show a profit in April from your business when you do the I-134. The number of people that get visas approved now when they had very low income the year before is huge... alomost all students, for example. Student last year, employed in a job this year. Making $40,000 this year...-0- last year. No problem.

Seems like the OP has it well under control. She should answer that she is self employed and combine all her forms of income to arrive at the statement of her current annual income and then attach documentation of each.

I would advise her against paying more in tax than needed.

Since I've done this before I would have to disagree. If you are employed by someone else this makes sense but for self-employed you have to establish that you have constant income. Being self-employed you can lie through your teeth about what you make and they know that. If I didn't have a job I could write down whatever I want for this year and it's unprovable until you file my taxes next year. So If you show a good amount of income for the previous year makes it more believable when you tell them your unprovable income for the current year. Self Employed gets cash and 1099's.

Edited October 12, 2010 by soulprovider915

[CanadianRedneck 8]

Use the assets of your business as part of value of what you have..can get that included or put in as part of value you have, on top of your income. Like if the world fell apart..how much liquid cash would you have, your income and what you could sell off/assets. That was suggested to me by an attorney previously when I used to have a business, lol

[Gary and Alla 3,694]

Since I've done this before I would have to disagree. If you are employed by someone else this makes sense but for self-employed you have to establish that you have constant income. Being self-employed you can lie through your teeth about what you make and they know that. If I didn't have a job I could write down whatever I want for this year and it's unprovable until you file my taxes next year. So If you show a good amount of income for the previous year makes it more believable when you tell them your unprovable income for the current year. Self Employed gets cash and 1099's.

I have done it for 3 people myself (wife and two sons for the visa and AOS) and assist others in the process. I am not guessing.

There is no lying involved if you back up what you say with a profit and loss statement, bank deposit records and/or employment verification. If you say you make $50,000 per year and your bank deposits are $1200, you have a problem. If you say you make $50,000 per year and your bank deposits are $40,000, or even $30,000 you do not have a problem. If your deposits are $75,000, you do not have a problem. (bank deposits means to persoanl account, not business account) If you say you have an annual income 0f $30,000 and show $6,000 from a small business and $18,000 from child support and and $6,000 from a part time job or investments, you have no problem. If you show -0- income from your small business last year, and $40,000 year to date this year and bank deposits of $36,000 so far this year, you have no problem.

You DO NOT have to establish you have constant income at all. You have to establish to their satisfaction that your fiancee will not become a public charge, in fact you do not need to have ANY source of income if you have assets which qualify you. This is not a court of law, you do not have to prove beyond a reasonable doubt.

Prior year income has about -0- to do with the process. Not all income is shown on tax returns (as in the OPs case, much of hers isn't) Not all of it has to be claimed on the I-134. My bank deposits, tax retun and stated income were all different on all three affidavits for both processes (6 total for myself). I never had a question asked about it.

am sure my Fiancee has said it all to explain things...

when we first heard that news it absolutly devastated us our dreams shattered....not that we would have given up, but it was just very very hard to hear that, and i would fight for my baby forever just not a another option for me i need to be with my soulmate...

but with the help of this wonderful site and a lot of caring people it had provided light at the end of the tunnel again

and i just want to say thanks for everyone's help and being there for us and for all your support and hugs

Good luck Colin, you will be fine.

[Aztec&Taino 144]

thank you so much for your advice. I have asked my ex to start emailing me receipts for his mortgage payments. This along with the court order for support, along with my business, plus my other job should put us well over the limit. I really appreciate your insight. You have helped to ease my mind a bit. Thanks again.

I hope that your situation gets resolved. I also wanted to congratulate you for staying in good terms with your ex-husband. It is nice to know that he is being most cooperative in trying to help you bring your fiance over to the US!

[Tater&Bugger 3]

I think as long as you can get a co-sponsor you will be fine. People who know you would technically know the kind of money you make and that as a co-sponsor there isn't much risk for them involved.

I know any little snag is heart wrenching but I think you'll be ok. Just needs a little creative thinking. I wish you the best!

[Maxx121 14]

I have done it for 3 people myself (wife and two sons for the visa and AOS) and assist others in the process. I am not guessing.

There is no lying involved if you back up what you say with a profit and loss statement, bank deposit records and/or employment verification. If you say you make $50,000 per year and your bank deposits are $1200, you have a problem. If you say you make $50,000 per year and your bank deposits are $40,000, or even $30,000 you do not have a problem. If your deposits are $75,000, you do not have a problem. (bank deposits means to persoanl account, not business account) If you say you have an annual income 0f $30,000 and show $6,000 from a small business and $18,000 from child support and and $6,000 from a part time job or investments, you have no problem. If you show -0- income from your small business last year, and $40,000 year to date this year and bank deposits of $36,000 so far this year, you have no problem.

You DO NOT have to establish you have constant income at all. You have to establish to their satisfaction that your fiancee will not become a public charge, in fact you do not need to have ANY source of income if you have assets which qualify you. This is not a court of law, you do not have to prove beyond a reasonable doubt.

Prior year income has about -0- to do with the process. Not all income is shown on tax returns (as in the OPs case, much of hers isn't) Not all of it has to be claimed on the I-134. My bank deposits, tax retun and stated income were all different on all three affidavits for both processes (6 total for myself). I never had a question asked about it.

Good luck Colin, you will be fine.

Hate to beat a dead horse, but this is my first and last time going through this and i see that you say the previous years dont make a difference, just curious as to why they ask for your past 3 years then? Or am i mistaken?

[nevada77 0]

im not an expert on this and i know you can make it work dont give up. but my question is who is filling out a i134 for all the mexicans running across the border that they want to give amnesty to? i also have my fiance in 2 weeks an interview in manila.ill go there to prove im worthy with my 134 and my job as a usa citizen., i have a feeling if our fiance's were mexican we wouldnt have a problem .,go figure

[soulprovider915 4]

Hate to beat a dead horse, but this is my first and last time going through this and i see that you say the previous years dont make a difference, just curious as to why they ask for your past 3 years then? Or am i mistaken?

Since I'm getting disagreements with my advice I'l speak for myself. The most recent of the three years is the most important. The other two are technicalities. What I did for me worked for me. I cut out a lot of my expenses for the previous year to make sure I crossed the 125% poverty line. That way I showed that the pervious year qualified. The checking account statements for the current year are very important to prove your current income, and your statement attesting to your current income. Being self employed has it's benefits and drawbacks. Maybe I was being a little cautious, but my wife is here and that's all that matters.

[Used to be broken 147]

You can also take a look at the numbers on your annual Social Security Earnings statement. That shows a "pattern" of annual income going well beyond the 3 years they are asking for. Some people include this in the packet because of temporary un-employment issues, or in combination with assets statements.

[Used to be broken 147]

thank you so much for your advice. I have asked my ex to start emailing me receipts for his mortgage payments. This along with the court order for support, along with my business, plus my other job should put us well over the limit. I really appreciate your insight. You have helped to ease my mind a bit. Thanks again.

Are you living in the house and does it have both of you on the mortgage? If so, faster way would be ask mortgage company for a couple years of statements or the use the annual escrow account summary.

[Used to be broken 147]

you said you own your own home and car. get an appraisal of your home and deduct any mortgage amount. Get a value for your car and maybe you will be over the 3 times the 125% poverty rate. I am using assets for my I-130. It isn't difficult.

i don't think you can use the primary vehicle only second and third vehicles. check this out though

[Gary and Alla 3,694]

Hate to beat a dead horse, but this is my first and last time going through this and i see that you say the previous years dont make a difference, just curious as to why they ask for your past 3 years then? Or am i mistaken?

You are mistaken. They do not ask for three years tax returns at any point.

The AOS (I-864) asks for a copy of "the most recent year" tax return and statements of the previous three years gross income. You DO NOT have to attach three years income tax returns, I never did. the reason they ask is that it is necessary to be CURRENT on all tax filings in order to sponsor an immigrant. It does not matter how much you made...it matters that you filed your taxes. You will note the instruction say that if you did not file taxes, then to explain why not. The statute of limitations on personal income tax is 3 years, they cannot ask for information on more than that because you do not have to maintain records longer than that.

The I-134 does not require even ONE year tax return but it is a good idea to include it at most consulates.

[Gary and Alla 3,694]

Since I'm getting disagreements with my advice I'l speak for myself. The most recent of the three years is the most important. The other two are technicalities. What I did for me worked for me. I cut out a lot of my expenses for the previous year to make sure I crossed the 125% poverty line. That way I showed that the pervious year qualified. The checking account statements for the current year are very important to prove your current income, and your statement attesting to your current income. Being self employed has it's benefits and drawbacks. Maybe I was being a little cautious, but my wife is here and that's all that matters.

What you did will work, there is no question of that. I never doubted that and I do not disagree and I did not disagree with the fact that it "would work".

Your lack of knowledge of how it works cost you a lot of money. You gave up legitimate business expenses and costs to raise your "bottom line" and therefore what appears on line 22 of the 1040. In so doing you paid 15% self employment tax on every dollar you COULD have written off, not to mention income tax at whaever rate you pay. A lack of knowledge could cost someone thousands of dollars. I would suggest you consider an amended return and get your money back. Be prepared for an audit if you do so.

You can make these decisions for yourself, of course, and you can justify the expense as "worth it". For my money it is far more "worth it" ti=o have that money for the use of my fiancee/wife and family. Advising it to others because you do not know is not a good idea and those people should know there IS an alternative to paying thousands of dollars in self employment tax. Continuing to argue the point in the knowledge of experience that there IS another way is not a service to the people you are answering.

I was self employed for the year before I had our first (visa) interview. I made less than $6,000 (line 22) for that year. I considered the same thing you did but asked around here at VJ, studied the rules and basically spent a few months researching it before filing my taxes for 2007. Then I went with the lower (correct) number. I had also changed my method of doing business so I made myself an employee of my company, rather than being a sole proprietorship, PLUS I was "hired" by one of my former clients 6 months before my I-134 was signed (but still after the previous tax year) I have since worked with many other visa applicants in the same situation. (self employed) In every case, the income stated for the previous year WAS NOT AN ISSUE. I have heard that there are a few consulates that do put more emphasis on last year income, Thailand comes to mind. I have not worked with anyone using a consulate where the last year was given any signifigance. It is not an issue in London. I have advised several people using the London consulate. Oddly enough, even Casa Blanca is fairly easy in this regard (and nothing else!)

The OP could also incorporate her business tomorrow and hire herself as an employee and state her income from her job as an employee. She should consult with her tax person before doing this but it is possible.

There are NO disadvantages to being self employed IF you do things properly and to your advantage, not the IRS's My wife and two sons are here and I have several thousand additional dollars in the bank

Edited October 14, 2010 by Gary and Alla

[Gary and Alla 3,694]

Hate to beat a dead horse, but this is my first and last time going through this and i see that you say the previous years dont make a difference, just curious as to why they ask for your past 3 years then? Or am i mistaken?

FYI, it was also my first time, but my fiancee had two sons and you have to do separate I-134s, interviews and AOS's for each of them. I also help others with the process. So far, it seems it will be my last time doing myself also.