Affidavit of Support tax mishap

[Jerry & Fiona 1]

I hope this will help someone.

My attorney told me to come to his office and do the Affidavit of Support paperwork one week before my trip to Vietnam. He told me to be sure to bring my tax papers for the previous year (2009). I just got back from visiting with him. It appears my 2009 tax statement shows not enough income. I will explain the problem.

I was laid off from my $42,000/yr job in October 2008. I took unemployment for 2 months, then landed a 3 month contract job that spilled over into 2009. I went back on unemployment in March 2009 and also started my own design business.

My 2009 taxes show $11,261 from my contract job, $14,420 for unemployment benefits and a business tax write off of $24,420 for office equipment and other expenses, thus leaving a balance of $755 taxable income for 2009.

Going into this it never occurred to me that the tax write off would hurt my bottom line. It really sucks because I've never had the capital to get my business off the ground and I've been on unemployment all of this year as well.

I've been instructed to wait until I get back from Vietnam in February and do my taxes straight up without using my business as a write off. This means I will be looking roughly at $19,877 for my 2010 taxable income. I'm praying that will be enough to satisfy the AOS requirement for Texas. However, that means I will owe about $5,000 to the IRS doing it this way, which I'm fine with.

The part that sucks is trying to find work and making trips to Vietnam. Companies are reluctant to hire someone who isn't going to be around. I don't blame them. Never mind the fact that I have sold almost everything I own to come up with the money for attorney fees, plane tickets, travel expenses, wedding rings, filing fees and everything else that goes with a petition. The K-1 process taking a long time may actually be a blessing.

So, when I return, I'm going to keep my nose down and work 2-3 jobs if I have to so I can compensate.

Main point here is if you are going to do a tax write off, keep in mind how that will affect your bottom line when it comes to the AOS.

[CBM 14]

yeah seem pretty familiar with taxes, so you probably already know this... but in case you don't - the tax board will let you make payments on your taxes owed. My fiance is doing so because after doing his tax return, it ended up he was owed money by the feds (I think it had to do with medical expenses that could be claimed?) but owed California money.

Anyway, I'm sure you probably already knew that, but in any event - there you go

Good luck with your interview!

[Anh map 2,098]

It's not NVC that will be the possible snag. From what you say the numbers will work for NVC approval, but HCMC can be a bit tougher.

What's your current income situation? What are you able to show for this year? The CO's in HCMC want to see that you are currently earning enough and that it will be ongoing.

[Jerry & Fiona 1]

It's not NVC that will be the possible snag. From what you say the numbers will work for NVC approval, but HCMC can be a bit tougher.

What's your current income situation? What are you able to show for this year? The CO's in HCMC want to see that you are currently earning enough and that it will be ongoing.

Unemployed: Benefits expire today. Total paid this year is roughly $19,877. I will taking on work immediately when I get back in February 2011. I am willing to relocate and work multiple jobs. At the rate of our petition, the interview will most likely take place in the late Spring. I'm guessing around April or May. If that is the case, will they be able to look at the pay stubs I accrue during those first few months from my new job?

I really don't see what else I can do. I can't change the past. My attorney said not to worry and that everything will be fine. He is Vietnamese and has been handling these kinds of cases for decades. So, I trust him with his insight to the customs of his native country.

[JimVaPhuong 4,863]

Unemployed: Benefits expire today. Total paid this year is roughly $19,877. I will taking on work immediately when I get back in February 2011. I am willing to relocate and work multiple jobs. At the rate of our petition, the interview will most likely take place in the late Spring. I'm guessing around April or May. If that is the case, will they be able to look at the pay stubs I accrue during those first few months from my new job?

I really don't see what else I can do. I can't change the past. My attorney said not to worry and that everything will be fine. He is Vietnamese and has been handling these kinds of cases for decades. So, I trust him with his insight to the customs of his native country.

The following is meant to be constructive criticism, so I hope you take it that way.

I don't doubt your attorney is familiar with the customs of Vietnam, but I wonder if he really knows the consulate in HCMC very well. If he did then he probably never would have suggested you consider filing an I-129F before having a formal Dam Hoi engagement ceremony, and after having made only one trip to Vietnam. I know from your signature that you're planning on having the engagement ceremony on your next trip. I hope you understand that the consulate expects your Dam Hoi to be a pretty big affair, involving at least 100 people (for the party), and costing thousands of dollars.

The problem is that the consulate is going to formulate their opinion based on what they see on paper before the interview even begins. There are more than a dozen active members of this forum who can confirm that their fiancee's saw the decision paper - pink, blue, or white - sitting in front of the CO, already filled out and waiting for a signature, when the interview began. Your fiancee may not even get a chance to submit evidence of your engagement ceremony.

I'm not saying you'll be denied. Others have done what you've done and succeeded, but the odds are stacked against you.

The liberal business deductions you're allowed on schedule C have bitten quite a few self-employed petitioners. Bear in mind that the I-134 is not simply a matter of meeting a magic threshold. The consular officer has a lot of discretion. You can certainly skip the schedule C deductions to pump up your taxable income on line 22 of the 1040, but the consular officer is going to see some income from contract work, but mostly unemployment compensation. If you can show current employment income by the time the interview rolls around it will certainly help, but if you're very close to the threshold then it's possible they could still deny you. Unfortunately, the CO's in HCMC rarely accept co-sponsors for K visas.

Looking at this rationally, your fiancee probably has a reasonable chance of being denied a visa. With all due respect to your attorney, whom I'm sure is well qualified, he doesn't have a dog in this fight, and will actually probably make more money from you if you're denied. What I'm saying is that you should be prepared for this possibility. If it does happen, then maybe you can take the extra time to continue to develop your relationship, maybe even get married, and work on rebuilding your financial house so that you'll be better prepared and financially qualified next time.

FWIW, I talked with several immigration attorneys before I started the process. The only one who gave me the straight scoop on the consulate in HCMC was Marc Ellis. He's not Vietnamese, but he lives in Saigon and knows the consulate there very well.

[Anh map 2,098]

Unemployed: Benefits expire today. Total paid this year is roughly $19,877. I will taking on work immediately when I get back in February 2011. I am willing to relocate and work multiple jobs. At the rate of our petition, the interview will most likely take place in the late Spring. I'm guessing around April or May. If that is the case, will they be able to look at the pay stubs I accrue during those first few months from my new job?

I really don't see what else I can do. I can't change the past. My attorney said not to worry and that everything will be fine. He is Vietnamese and has been handling these kinds of cases for decades. So, I trust him with his insight to the customs of his native country.

It's not Vietnamese culture or customs at the Consulate. It's the USCIS and the history of fraud at the HCMC Consulate. If it was Viet customs and culture he would tell you bring an envelope of cash and things would happen as the coffee money was distributed.

I second Jim's comments and do urge you to keep reading through all the posts in the Vietnam regional forum to draw conclusions based on the collective experiences of the members.

Prepare your petition as best you can and continue to collect addtional supporting evidence in the time period from filing through the interview.

[Jerry & Fiona 1]

The following is meant to be constructive criticism, so I hope you take it that way.

I don't doubt your attorney is familiar with the customs of Vietnam, but I wonder if he really knows the consulate in HCMC very well. If he did then he probably never would have suggested you consider filing an I-129F before having a formal Dam Hoi engagement ceremony, and after having made only one trip to Vietnam. I know from your signature that you're planning on having the engagement ceremony on your next trip. I hope you understand that the consulate expects your Dam Hoi to be a pretty big affair, involving at least 100 people (for the party), and costing thousands of dollars.

The problem is that the consulate is going to formulate their opinion based on what they see on paper before the interview even begins. There are more than a dozen active members of this forum who can confirm that their fiancee's saw the decision paper - pink, blue, or white - sitting in front of the CO, already filled out and waiting for a signature, when the interview began. Your fiancee may not even get a chance to submit evidence of your engagement ceremony.

I'm not saying you'll be denied. Others have done what you've done and succeeded, but the odds are stacked against you.

The liberal business deductions you're allowed on schedule C have bitten quite a few self-employed petitioners. Bear in mind that the I-134 is not simply a matter of meeting a magic threshold. The consular officer has a lot of discretion. You can certainly skip the schedule C deductions to pump up your taxable income on line 22 of the 1040, but the consular officer is going to see some income from contract work, but mostly unemployment compensation. If you can show current employment income by the time the interview rolls around it will certainly help, but if you're very close to the threshold then it's possible they could still deny you. Unfortunately, the CO's in HCMC rarely accept co-sponsors for K visas.

Looking at this rationally, your fiancee probably has a reasonable chance of being denied a visa. With all due respect to your attorney, whom I'm sure is well qualified, he doesn't have a dog in this fight, and will actually probably make more money from you if you're denied. What I'm saying is that you should be prepared for this possibility. If it does happen, then maybe you can take the extra time to continue to develop your relationship, maybe even get married, and work on rebuilding your financial house so that you'll be better prepared and financially qualified next time.

FWIW, I talked with several immigration attorneys before I started the process. The only one who gave me the straight scoop on the consulate in HCMC was Marc Ellis. He's not Vietnamese, but he lives in Saigon and knows the consulate there very well.

Well accepted information. I'm just trying to do the right thing. As for the ceremony coming up, we are expecting about 350 people. We'll just take it a day at a time.

It's not Vietnamese culture or customs at the Consulate. It's the USCIS and the history of fraud at the HCMC Consulate. If it was Viet customs and culture he would tell you bring an envelope of cash and things would happen as the coffee money was distributed.

I second Jim's comments and do urge you to keep reading through all the posts in the Vietnam regional forum to draw conclusions based on the collective experiences of the members.

Prepare your petition as best you can and continue to collect addtional supporting evidence in the time period from filing through the interview.

I see. Thanks. I'll keep my chin and and eyes open.

[Jerry & Fiona 1]

I meant I'll keep my chin up and my eyes open.