Rental income is all i have for now

[dunright 0]

Hello everyone. I have searched, but not found a match to my concerns. I have been self employed the last three years. More or less unemployed because of the economy and such. Then i left the US to be with my fiancee for two years (who is now my wife). The only income i will show this year and last year is from my rentals. Which is actually my home in the US. For the 2009 tax year that is all i put for my income. When it comes to visa's are they going to be looking at my debts as well. My rental income, actually goes straight to pay the mortgage. It appears to be income but then goes away come tax time. I do claim it as income. I haven't worked at all this year. I am trying to figure out if i am going to meet the poverty guideline or not. Thanks for any advice.

[Inky 1,110]

Family of two is $18,212 for the poverty guideline. http://www.uscis.gov/files/form/i-864p.pdf

[sjr09 155]

As noted Family of two is $18,212 for the poverty guideline if your self employed then line 22 of your return is what they will go by. Sounds like you have no income at all, you will need to explain the reason you have not work all year. You must show you can support the intended immigrant (your wife)now and in the future. Your in a tuff spot, time you roll up the sleeves and get a job, and or joint sponsor. Good Luck!

[SuperDuper! 230]

So, do you bring in over $18,212 for the rentals? THAT seems to be the $64K question.....

[sjr09 155]

So, do you bring in over $18,212 for the rentals? THAT seems to be the $64K question.....

"It appears to be income but then goes away come tax time" ?

[dunright 0]

Thanks for the replies and sorry that i forgot to post the amounts and more pertinent information. The rental income for my 2010 tax year is $24,000 but last year (09)it was only $4,200 because the tenant moved in so late in the year. I'm feeling a bit ridiculous when i see this in writing. We are both living in Costa Rica and ready to go to the states so i can go back to work. We are filing a CR-1. We were married in Costa Rica. As i stated above i have been out of the US for two years, so no job. Once i get back to the US i can go back to work and won't have a problem when it comes to AOS. I am just trying to figure out how to get past the initial approval and get the visa, so that we can get to the US. I can use my dad as a co-sponsor if needed. His income last year (retired) was $18,756. So when i send in my first package and i put my income as $24,000 in your opinions, do you think it will fly? Someone mentioned line 22 on my 1040........it was -2,800. Next question is what will i have to show at the interview to show i can provide for her once i get back to the US? By then i will have filed my 2010 returns and can show 2010's income. I don't think i can use my home as an asset because it is heavily mortgaged, but i do own a piece of land free and clear that is appraised at $69,000 on the tax records. I am not concerned about income once i get back to the US, but i do not want to come back without her. I tend to make things more difficult than they need to be, sorry for the original non informative post. Don't worry about the tough love, i need to hear about the realities.

[JimVaPhuong 4,863]

Thanks for the replies and sorry that i forgot to post the amounts and more pertinent information. The rental income for my 2010 tax year is $24,000 but last year (09)it was only $4,200 because the tenant moved in so late in the year. I'm feeling a bit ridiculous when i see this in writing. We are both living in Costa Rica and ready to go to the states so i can go back to work. We are filing a CR-1. We were married in Costa Rica. As i stated above i have been out of the US for two years, so no job. Once i get back to the US i can go back to work and won't have a problem when it comes to AOS. I am just trying to figure out how to get past the initial approval and get the visa, so that we can get to the US. I can use my dad as a co-sponsor if needed. His income last year (retired) was $18,756. So when i send in my first package and i put my income as $24,000 in your opinions, do you think it will fly? Someone mentioned line 22 on my 1040........it was -2,800. Next question is what will i have to show at the interview to show i can provide for her once i get back to the US? By then i will have filed my 2010 returns and can show 2010's income. I don't think i can use my home as an asset because it is heavily mortgaged, but i do own a piece of land free and clear that is appraised at $69,000 on the tax records. I am not concerned about income once i get back to the US, but i do not want to come back without her. I tend to make things more difficult than they need to be, sorry for the original non informative post. Don't worry about the tough love, i need to hear about the realities.

You can use the "piece of land" as an asset. You'll need an appraisal from a licensed appraiser. Tax assessments frequently show an inflated value, and aren't usually acceptable evidence of the market value. If the appraised value is $69,000 then it should be worth about $23,000 in lieu of income (1/3).

Unless you show that your current income is different, they'll assume your current income is what is written on line 22 of your 1040. There is a difference of almost $27,000 between what you say you will declare on the I-864 and what is written on line 22 of your tax return. You will be expected to prove the reason for the discrepancy with evidence that your actual income is different. Promises of future earnings won't cut it.

Note that the I-864 requires you to be domiciled in the United States at the time you submit the affidavit. If you are living abroad at the time you submit the affidavit then you must either prove that your absence from the US was temporary and that you've maintained your domicile in the US while you were gone (that will be difficult if you've been living outside the US for two years), or prove that you've taken steps to re-establish domicile when you return. In the latter case, you must return to the US before or at the same time as your spouse.

[dunright 0]

Note that the I-864 requires you to be domiciled in the United States at the time you submit the affidavit. If you are living abroad at the time you submit the affidavit then you must either prove that your absence from the US was temporary and that you've maintained your domicile in the US while you were gone (that will be difficult if you've been living outside the US for two years), or prove that you've taken steps to re-establish domicile when you return. In the latter case, you must return to the US before or at the same time as your spouse.

[/quote

I still own my house in the US, i still have the electric and water in my name and pay monthly. When i file my CR-1 it will be with my US home address. I am in the US now to file and look for work, but am planning on going back to CR for another three months unless i get employment now (which is highly unlikely). I come back to the US every three months for two weeks at a time (Costa Rica's rules). As far as i know, i am still domiciled in the US. Am i correct? Or will it at least appear to be so when i file.

I am taking no deductions this year for anything except what is normal for filing a 1040. If i send the copy of my property taxes with the property value......do you think i would get an RFE for an appraisal?

[JimVaPhuong 4,863]

I still own my house in the US, i still have the electric and water in my name and pay monthly. When i file my CR-1 it will be with my US home address. I am in the US now to file and look for work, but am planning on going back to CR for another three months unless i get employment now (which is highly unlikely). I come back to the US every three months for two weeks at a time (Costa Rica's rules). As far as i know, i am still domiciled in the US. Am i correct? Or will it at least appear to be so when i file.

Yes, it sounds like you should be fine. You weren't actually 'living' in Costa Rica, as you previously indicated. You were visiting - repeatedly.

I am taking no deductions this year for anything except what is normal for filing a 1040. If i send the copy of my property taxes with the property value......do you think i would get an RFE for an appraisal?

Yes, you'll probably get an RFE, but it probably won't be specifically for an appraisal. It will probably be a general RFE for a sufficient affidavit of support, and specifically point out that you should include an appraisal from a licensed appraiser for any property claimed as an asset.

The details are in the I-864 instructions, and they are quite clear:

You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, this, you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home.

They won't accept a tax assessment. They simply are not an accurate reflection of the property's real market value. Tax assessors frequently inflate the assessed value so that they can collect more in taxes. Tax assessments are usually done by a bean counter sitting in a county office by running details about your property through a computer program. A licensed appraiser will actually inspect the property and give you a appraisal that reflects the market value of the property.

[dunright 0]

Yes, it sounds like you should be fine. You weren't actually 'living' in Costa Rica, as you previously indicated. You were visiting - repeatedly.

Yes, you'll probably get an RFE, but it probably won't be specifically for an appraisal. It will probably be a general RFE for a sufficient affidavit of support, and specifically point out that you should include an appraisal from a licensed appraiser for any property claimed as an asset.

The details are in the I-864 instructions, and they are quite clear:

You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, this, you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home.

They won't accept a tax assessment. They simply are not an accurate reflection of the property's real market value. Tax assessors frequently inflate the assessed value so that they can collect more in taxes. Tax assessments are usually done by a bean counter sitting in a county office by running details about your property through a computer program. A licensed appraiser will actually inspect the property and give you a appraisal that reflects the market value of the property.

Thanks for the heads up. I have been wanting to get an appraisal anyway.