I-134 Question regarding income, lack of work??

[MochiKamo 93]

well i was told earlier to average the last three years of income for putting on the letter from the employer. my employer has already written up the letter so i hope that will be okay. i can put last years income on the i-134, is that okay?

Someone correct me if I am wrong, but this number would most likely be from your latest income tax filing. For example, in the case of filing a 1040, it would be line 22 "This is your total income."

[MichaelANDVelvet 2]

I don't know what you mean by you were told earlier to average it... if you're referring to this post:

He mentions that constructions workers tend to average three years of their income (I suppose he means as a group as a way of comparing each others income to one another), not that you SHOULD for this. He actually goes on to mention ANNUAL income and how it needs to be factual etc...

How is the letter from your employer worded? The reason an average of three years isn't good enough is because your income in 2007 could have been $50,000, income in 08, $30,000 and income in 09, $10,000. Averaged out over three years that comes to $30K a year, but only the most RECENT income matters and from my example, $10K doesn't meet the income requirements for the most recent year.

My husband worked a permanent shift job. His letter from employer stated his hourly wage, his minimum number of hours per week (his contract states a minimum but he can work more), how long he'd been working there and his position title. Based on the hourly wage and minimum hours he met the requirements. Do you have a minimum number of hours you HAVE to work each week as part of your contract? Do those hours times your hourly wage meet 125% of the income requirements for your household size?

What does your work letter say? Then we can tell you if it's good enough (you can edit out the income if you like as long as it's over the requirements for your household size we don't need to know ).

November 23, 2010

To Whom It May Concern:

Regarding: Mr. Michael

Please consider this letter as proof that Michael has been, and will continue to be employed with the COMPANY NAME.

Michael was hired with the COMPANY NAME on June 8, 2006 and is employed full time as a union flooring installer. He currently is earning $$$$ per hour with an averaged annual salary from the past three years of $$$$. He is attaching paystubs from the past six months to present along with the past three years of tax returns.

Please feel free to contact me if there is more information needed.

Sincerely,

Joe

COMPANY NAME

General Superintendent

Flooring Divisions

Tell me what you think. I made over the poverty last year and this year I might just make it but not to sure. I also got a letter from my local union stating i am up to date with my union fees and i have shown to be steadily employed through the union.

Also on a side note. I was thinking about having my parents co-sponsor as I believe they can. Would it be best to just go in and hand them both my parents and my I-134 at the interview or should I hand them just mine and say that I would like to make it on just my I-134 but if that is not enough I have my parents and they may use that if need be???

Edited December 4, 2010 by MichaelANDVelvet

[MichaelANDVelvet 2]

I just read the instructions for the I-134 and it didn't say anything about a co-sponsor but I swear I remember reading somewhere about being able to have someone help sponsor with an I-134. Am I wrong?

[MichaelANDVelvet 2]

okay i did read on the visa journey website that you CAN have a co sponsor. next question to that is this.

my parents are married so BOTH their names are on their bank statements and taxes, which name should i put on the I-134 or should I put both?

do i put one name and then put the other under people that are dependent on them? for example, do i put my mothers name as the main name on the I-134 and then put my dad as a dependent?

same goes for what do i put down for the annual income, it is listed on the taxes as combined for the both of them?

and life insurance as they both have different values?

THANKS!!

Edited December 4, 2010 by MichaelANDVelvet

[pushbrk 12,883]

I don't know what you mean by you were told earlier to average it... if you're referring to this post:

He mentions that constructions workers tend to average three years of their income (I suppose he means as a group as a way of comparing each others income to one another), not that you SHOULD for this. He actually goes on to mention ANNUAL income and how it needs to be factual etc...

How is the letter from your employer worded? The reason an average of three years isn't good enough is because your income in 2007 could have been $50,000, income in 08, $30,000 and income in 09, $10,000. Averaged out over three years that comes to $30K a year, but only the most RECENT income matters and from my example, $10K doesn't meet the income requirements for the most recent year.

My husband worked a permanent shift job. His letter from employer stated his hourly wage, his minimum number of hours per week (his contract states a minimum but he can work more), how long he'd been working there and his position title. Based on the hourly wage and minimum hours he met the requirements. Do you have a minimum number of hours you HAVE to work each week as part of your contract? Do those hours times your hourly wage meet 125% of the income requirements for your household size?

What does your work letter say? Then we can tell you if it's good enough (you can edit out the income if you like as long as it's over the requirements for your household size we don't need to know ).

I actually did mean to have him average three years of income but only if it is a reasonable reflection of expected current income. A construction worker paid hourly who is employed by a single employer is in a unique situation. Even if the current expectation is to work full time hours, there is no completely reliable way to state "current income" as annual. Yet, the affidavit requires that they do so. He has to put SOME number there.

For other hourly employees actually working full time hours, we normally suggest multiplying the hourly rate by 2080 and stating that. That process wouldn't be reasonable in this case. That's why I suggested that construction workers often state an average of their last three years of income, as a "reasonable" statement of "current income". You wouldn't do this if you were unemployed. The OP is considered to be employed and just doesn't know how many hours he'll be working.

[MichaelANDVelvet 2]

that makes sense. the holiday season is usually our slowest because no one has money to spend on installing carpet lol.

also could someone advise me on the qeustions of a co-sponsor.

i want to use my parents but on the I-134 it only has one spot for a name. my parents are joint on everything from their bank statements and taxes. whose name would i put as the primary or would i fill out one for each parent? also about the life insurance, do i put down both parents life insurance or just one?

do i put one name and then put the other under people that are dependent on them? for example, do i put my mothers name as the main name on the I-134 and then put my dad as a dependent?

[MichaelANDVelvet 2]

I actually did mean to have him average three years of income but only if it is a reasonable reflection of expected current income. A construction worker paid hourly who is employed by a single employer is in a unique situation. Even if the current expectation is to work full time hours, there is no completely reliable way to state "current income" as annual. Yet, the affidavit requires that they do so. He has to put SOME number there.

For other hourly employees actually working full time hours, we normally suggest multiplying the hourly rate by 2080 and stating that. That process wouldn't be reasonable in this case. That's why I suggested that construction workers often state an average of their last three years of income, as a "reasonable" statement of "current income". You wouldn't do this if you were unemployed. The OP is considered to be employed and just doesn't know how many hours he'll be working.

also what i could do is just put what my average over the past 3 years is on my letter from the employer and then put my last years income on the I-134 and just state like i did in the letter of employment that it is an average.

[pushbrk 12,883]

that makes sense. the holiday season is usually our slowest because no one has money to spend on installing carpet lol.

also could someone advise me on the qeustions of a co-sponsor.

i want to use my parents but on the I-134 it only has one spot for a name. my parents are joint on everything from their bank statements and taxes. whose name would i put as the primary or would i fill out one for each parent? also about the life insurance, do i put down both parents life insurance or just one?

do i put one name and then put the other under people that are dependent on them? for example, do i put my mothers name as the main name on the I-134 and then put my dad as a dependent?

One person asks as a cosponsor. Pick the one that has the qualifying income and then provide a complete tax return with all schedules and W2 or 1099 forms. State only the individual income of the sponsor, not the joint income. The W2's etc. will verify this.

[pushbrk 12,883]

also what i could do is just put what my average over the past 3 years is on my letter from the employer and then put my last years income on the I-134 and just state like i did in the letter of employment that it is an average.

Not getting through to you. When asked for current income it is NOT last year's income. If you use the average, then state it as your current income. If not this, then what reasonable answer do you have for your current income? If, on the day you sign the affidavit, you don't know when your next day of work is going to be, then theoretically, your current income is zero. You're in a special situation that makes using an average a reasonable thing to do. Don't confuse the issue with some number disconnected from anything.

When I filled out the I-134 and later the I-864 I actually DID state last year's income as current, even though I was "employed" at the time. MY reason was because I worked on straight commission. It was reasonable to assume my income would be more each year but no way to accurately state "current" income. Your situation is different in that you don't know whether to expect more, less than or the same as last year. Least likely is the same.

Edited December 6, 2010 by pushbrk

[MichaelANDVelvet 2]

Not getting through to you. When asked for current income it is NOT last year's income. If you use the average, then state it as your current income. If not this, then what reasonable answer do you have for your current income? If, on the day you sign the affidavit, you don't know when your next day of work is going to be, then theoretically, your current income is zero. You're in a special situation that makes using an average a reasonable thing to do. Don't confuse the issue with some number disconnected from anything.

When I filled out the I-134 and later the I-864 I actually DID state last year's income as current, even though I was "employed" at the time. MY reason was because I worked on straight commission. It was reasonable to assume my income would be more each year but no way to accurately state "current" income. Your situation is different in that you don't know whether to expect more, less than or the same as last year. Least likely is the same.

sorry. just had other people saying not to use average income and you tell me i should. that is all.

[pushbrk 12,883]

sorry. just had other people saying not to use average income and you tell me i should. that is all.

It's your decision. When somebody tells you don't do this, think to yourself, "If not this, what and why?" It think when it comes down to it, you'll understand why I'm recommending what I am. It ain't my first rodeo.

[MichaelANDVelvet 2]

okay, forgive me if i am stupid lol but i am just worried and want to make sure i have everything in line.

i will do this. according to what you said, i should use my 3 year average income on both the letter of employment AND the I-134. forgive me if I am wrong and correct me as well.

I will use my mother as the main applicant for co-sponsoring and they will see through the taxes and what not everything they need to know about my father and how much he makes.

i will use just my mothers life insurance numbers because she is the applicant.

one last question is, i have my truck which is a really nice truck. can i use it as other "personal property of reasonable value"?

thank you so much!!!

actually one other question regarding saving account funds. should i state what my funds are the day of the interview or from my last bank statement?

Edited December 7, 2010 by MichaelANDVelvet

[pushbrk 12,883]

okay, forgive me if i am stupid lol but i am just worried and want to make sure i have everything in line.

i will do this. according to what you said, i should use my 3 year average income on both the letter of employment AND the I-134. forgive me if I am wrong and correct me as well.

I will use my mother as the main applicant for co-sponsoring and they will see through the taxes and what not everything they need to know about my father and how much he makes.

i will use just my mothers life insurance numbers because she is the applicant.

one last question is, i have my truck which is a really nice truck. can i use it as other "personal property of reasonable value"?

thank you so much!!!

actually one other question regarding saving account funds. should i state what my funds are the day of the interview or from my last bank statement?

You don't USE a number on an employer letter. The employer letter says whatever it says. That's up to the employer. What you state as your income is up to you. In many cases, the numbers will be the same but in your case they may not.

You are the primary sponsor, no matter what.

Your mother is the cosponsor. Unless her life insurance has a documented cash value, there's no need to mention it. A death benefit is not an asset when living.

Equity in your only personal vehicle will not be considered.

I suggest that even though you'll be filing an i-134, you study the instructions for the I-864 as you'll eventually be filing one and it's the standard by which the I-134 is judged by a Consular Officer.

[MichaelANDVelvet 2]

You don't USE a number on an employer letter. The employer letter says whatever it says. That's up to the employer. What you state as your income is up to you. In many cases, the numbers will be the same but in your case they may not.

You are the primary sponsor, no matter what.

Your mother is the cosponsor. Unless her life insurance has a documented cash value, there's no need to mention it. A death benefit is not an asset when living.

Equity in your only personal vehicle will not be considered.

I suggest that even though you'll be filing an i-134, you study the instructions for the I-864 as you'll eventually be filing one and it's the standard by which the I-134 is judged by a Consular Officer.

thank you for clarifying. i did read the instructions for the I-864 and it says you can use your vehicle if you have proof of another vehicle for transportation which i do.

when you talk about a documented cash value for the life insurance what do you mean by that? my mother has all the documentation for her life insurance which states her benefit amount and when it is available if she doesn't die by a by a certain age.

[pushbrk 12,883]

thank you for clarifying. i did read the instructions for the I-864 and it says you can use your vehicle if you have proof of another vehicle for transportation which i do.

when you talk about a documented cash value for the life insurance what do you mean by that? my mother has all the documentation for her life insurance which states her benefit amount and when it is available if she doesn't die by a by a certain age.

The benefit amount is only available if she dies. If the policy has a cash value today, it can be documented. If not, forgetaboutit. If you do not comprehend the first two sentences of this paragraph, simple ignore and leave blank any questions about life insurance. If the income is sufficient, ignore and leave blank all asset related questions. If you don't understand the term "assets" use a dictionary.

Edited December 7, 2010 by pushbrk