125% Poverty Level, Owe Back Taxes, Assets

[maning 36]

K-1 Visa for fiancee in The Philippines

Hey guys, just nervous with my K-1 Visa process. I haven't filed my I-129f yet, but will start the process soon and hopefully mail out by first of March 2011. My question is on my situation. I just want to find anyone out there who's going through my situation or have any info that can help me ease my mind. Right now I'm worried about my financial status.

I made a post earlier documenting my predicament. Anyway, I fixed it and now I'm still worried.

I'm self-employed, 28 years old. Did not file taxes for 2008 and 2009, but recently filed them in January 2011. I owe taxes for those years amounting to $8000+. I'm filing for 2010, so add another $4000+ to that total. So for 2008 to 2010 I'm expecting to pay $12,000+ in taxes. I plan to do an installment plan with the IRS, once I file my 2010. (IRS has not contacted me yet about making payments yet, since I filed my 2008-2009 taxes on January 2011)

My income (self employed, and Line 22 on 1040 form) for:

2008 = $19,741

2009 = $19,764

my 2010 will probably be slighter higher. $21,000+

My question is, will my income be enough for someone petitioning a fiancee from The Philippines? Will my $12,000 in back taxes will have affect on my petition?

I also plan to list my assets:

$15,000+ in checking/savings account

$16,000+ in personal property (cars)

$25,000+ in real estate land property.

I'll also include an I-864 with co-sponsor (dad). Just in case that helps as well.

Will this be enough? I'm so nervous just thinking about all of this!

[YuAndDan 153]

I-134, and later I-864 are asking about income before tax.

Interview uses I-134 for K-1 visas, NOT I-864. Co-sponsor uses I-134, not I-864.

I-864 is used later when adjusting status in the USA.

I-134 is for non-immigrant visas like K-Visa

I-864 is for green-card sponsorship (for green-card visas like CR-1 and IR-1, or when adjusting status applying for a green-card)

Moving to Embassy/Consulate forum... I-134 is used at visa interview, it is not filed with the I-129F petition...

[maning 36]

I understand that the I-134 is not filed with the I-129F petition. I understand that I-864 is not used for the K-1 Visa process.

I understand that the I-134 is to be given to the consular officer during the visa interview and not to be filed with the I-129F.

I was hoping by including an I-864 with my dad as a co-sponsor, might show the consular officer that if needed I have a co-sponsor as back up once we do adjustment of status. I'm assuming it would be better since an I-864 is a more binding contract.

The US Embassy where my petition will go is in Manila, The Philippines. I understand that they don't accept co-sponsors for K-1 Visa. I am just giving my fiancee an I-864 with co-sponsor to bring with her to the interview as backup to show to the consular officer that I do have co-sponsor IF NEEDED once we do adjustment of status.

I-134, and later I-864 are asking about income before tax.

Interview uses I-134 for K-1 visas, NOT I-864. Co-sponsor uses I-134, not I-864.

I-864 is used later when adjusting status in the USA.

I-134 is for non-immigrant visas like K-Visa

I-864 is for green-card sponsorship (for green-card visas like CR-1 and IR-1, or when adjusting status applying for a green-card)

Moving to Embassy/Consulate forum... I-134 is used at visa interview, it is not filed with the I-129F petition...

[YuAndDan 153]

I understand that the I-134 is not filed with the I-129F petition. I understand that I-864 is not used for the K-1 Visa process.

I understand that the I-134 is to be given to the consular officer during the visa interview and not to be filed with the I-129F.

I was hoping by including an I-864 with my dad as a co-sponsor, might show the consular officer that if needed I have a co-sponsor as back up once we do adjustment of status. I'm assuming it would be better since an I-864 is a more binding contract.

The US Embassy where my petition will go is in Manila, The Philippines. I understand that they don't accept co-sponsors for K-1 Visa. I am just giving my fiancee an I-864 with co-sponsor to bring with her to the interview as backup to show to the consular officer that I do have co-sponsor IF NEEDED once we do adjustment of status.

Again, the providing an I-864 for a non-immigrant visa even from a co-sponsor would be ignored, better to use a correct affidavit of support for non immigrant. (I-134), even if the consulate tends to not accept a co-sponsor.

[maning 36]

Thank you for correcting that. I was just going with what someone stated on another post awhile back. I plan to use the correct affidavit of support. Thanks for clearing that up.

Also, going by what I posted, would my income be enough? Petitioning fiancee from Philippines so I have to meet the 125% poverty level. Just want to ease my mind a little...

Again, the providing an I-864 for a non-immigrant visa even from a co-sponsor would be ignored, better to use a correct affidavit of support for non immigrant. (I-134), even if the consulate tends to not accept a co-sponsor.

[YuAndDan 153]

Thank you for correcting that. I was just going with what someone stated on another post awhile back. I plan to use the correct affidavit of support. Thanks for clearing that up.

Also, going by what I posted, would my income be enough? Petitioning fiancee from Philippines so I have to meet the 125% poverty level. Just want to ease my mind a little...

Income is sufficient.

If you try to use assets you need to attach a lot of documentation of evidence.

A car is only countable if it is a second one, not a daily driver. For example I own a 1976 Cosworth collector car, it is not my daily driver and could be sold if needed without hardship, but it would have to have an appraisal of value attached to affidavit of support if I were to use it.

Best to keep it simple use assets ONLY if you need to.

Income for two at 125% is: $18,212

Any number listed needs to be backed up with evidence.

[maning 36]

Thank you for this reply. I was really nervous about my income... now I'm probably down to 50% nervous lol. Still nervous, but feel a little better.

I have documentation of evidence for most of everything. I can get the rest soon. Just want to list my assets in hopes it will give us a better chance at the interview. Again thank you!

Income is sufficient.

If you try to use assets you need to attach a lot of documentation of evidence.

A car is only countable if it is a second one, not a daily driver. For example I own a 1976 Cosworth collector car, it is not my daily driver and could be sold if needed without hardship, but it would have to have an appraisal of value attached to affidavit of support if I were to use it.

Best to keep it simple use assets ONLY if you need to.

Income for two at 125% is: $18,212

Any number listed needs to be backed up with evidence.

[Anh map 2,098]

For a self employed person the income evaluated is line 22 on the form 1040 of the most recent tax year, not the gross. If the $15K checking balance is your biz account, probably won't be considered.

Manila has been considering joint sponsors in K1 petitions. I guess the economy has softened the stance a bit. But there is still no telling what an individual CO will consider. I too have seen folks claiming that the CO wanted an I-864 from the joint sponsor. Probably best to have an I-134 too.

My understanding is that a payment plan with the IRS is ok, but just an outstanding balance may be deducted from the income amount. It has been discussed here on VJ so do some searching to get more info.

[maning 36]

That's sort of my problem there. I'm worried about the consular officer deducting my back taxes from my income amount. If they did that, I would not qualify for %125 over the poverty line. Reason why I'm adding assets to offset it, if they did. I plan to set up a payment plan with the IRS once my 2010 tax return is done.

P.S. $15k is from my personal.

For a self employed person the income evaluated is line 22 on the form 1040 of the most recent tax year, not the gross. If the $15K checking balance is your biz account, probably won't be considered.

Manila has been considering joint sponsors in K1 petitions. I guess the economy has softened the stance a bit. But there is still no telling what an individual CO will consider. I too have seen folks claiming that the CO wanted an I-864 from the joint sponsor. Probably best to have an I-134 too.

My understanding is that a payment plan with the IRS is ok, but just an outstanding balance may be deducted from the income amount. It has been discussed here on VJ so do some searching to get more info.

Edited February 11, 2011 by maning

[JimVaPhuong 4,863]

That's sort of my problem there. I'm worried about the consular officer deducting my back taxes from my income amount. If they did that, I would not qualify for %125 over the poverty line. Reason why I'm adding assets to offset it, if they did. I plan to set up a payment plan with the IRS once my 2010 tax return is done.

P.S. $15k is from my personal.

They probably won't know about the back taxes unless the IRS slaps a tax lien on you, which they may do even if you have a payment plan.

As YuAndDan said, you need documentation to back up assets. For money in the bank they'll want to see bank statements showing you've maintained the amount of money you're declaring as an asset, and that the account doesn't fluctuate below that amount by very much or for very long. They want to make sure you're not just showing them a snapshot of your account the day before you sit down to pay your bills, or that the money wasn't recently deposited for the first time (e.g., you borrowed it from someone).

For cars, you'll have to demonstrate you own more than one and that you're not declaring your primary transportation vehicle as an asset. You'll also need a copy of the title to prove you own it, and either a professional appraisal or other reliable reference for it's value (Kelley Blue Book).

For real estate, you need a copy of the deed or title, a recent appraisal from a licensed appraiser, and statements from any lien holders. Some consulates might ask for a title opinion letter from a licensed title company to ensure that all liens and encumbrances have been declared.

I've also seen some posts about submitting an I-864 for a joint sponsor in Manila. The explanations people have given seem to jive with the reasons Manila has been reluctant to accept joint sponsors in the past, which is that it provides reassurance that the joint sponsor is willing to signing a legally binding affidavit. If you've seen people who have done this successfully at the embassy in Manila then it's probably a good idea.

[Tahoma 2,292]

I'll also include an I-864 with co-sponsor (dad). Just in case that helps as well.

I was hoping by including an I-864 with my dad as a co-sponsor, might show the consular officer that if needed I have a co-sponsor as back up once we do adjustment of status. I'm assuming it would be better since an I-864 is a more binding contract.

The US Embassy where my petition will go is in Manila, The Philippines. I understand that they don't accept co-sponsors for K-1 Visa. I am just giving my fiancee an I-864 with co-sponsor to bring with her to the interview as backup to show to the consular officer that I do have co-sponsor IF NEEDED once we do adjustment of status.

Manila has been considering joint sponsors in K1 petitions. I guess the economy has softened the stance a bit. But there is still no telling what an individual CO will consider. I too have seen folks claiming that the CO wanted an I-864 from the joint sponsor. Probably best to have an I-134 too.

I've also seen some posts about submitting an I-864 for a joint sponsor in Manila. The explanations people have given seem to jive with the reasons Manila has been reluctant to accept joint sponsors in the past, which is that it provides reassurance that the joint sponsor is willing to signing a legally binding affidavit. If you've seen people who have done this successfully at the embassy in Manila then it's probably a good idea.

maning.......Since your 2010 income is flirting with the minimum requirement, I think it's a good idea for you to make the best financial case possible. I like your idea of including documented cash and assets as part of your case. I also like your idea of attempting to submit an I-864 at the interview. A friend of mine submitted an I-134 and an I-864 to the USEM last summer. His fiancée was approved for a K-1 visa even though his income was below 125% of the poverty line.

My friend is a Filipino who was born in the Philippines and is now a U.S. citizen. He's in his late twenties, has a full-time job, and neither he nor his fiancée have a college education. His brother is the cosponsor.

Here's an email from the U.S. Embassy Manila where they talk about cosponsors: my link.

Also, I believe it could help a lot if you attended your fiancée's interview. Read post #40 on this thread: my link.

Good luck with your visa journey!

[maning 36]

Hey Tahoma!

Yeah, that's one thing I'm worried that I'm flirting with the minium requirement. Even though the rule is %125 over the poverty line, you never know what they want. So I'm being cautious and just want to list my assets to pump up my financial ability.

My fiancee is a BSNursing graduate (degree compatible with US standards) and hopefully that will also insure the consular officer that she will not be a public charge. I'm Filipino as well, but I moved to the US when I was 3. US Citizen by naturalization. Late 20's as well. I was a 3rd year college graduate, but i dropped out to support my fiancee in getting her nursing degree. Self-employed, passed the General Contractor's exam, just learning the ropes in the building trade. I know my income will gradually go up the more experienced and established I am in the business. I plan to be at my fiancee's interview and if the consular officer permits me to attend the interview I will make the case with that.

Oh I plan to do I-134 co-sponsor with my dad as a co-sponsor. I also plan to do a I-864 and I-864A with my dad as co-sponsor as well. I'll show the consular officer the I-134 first w/ co-sponsor and then hand him the I-864 to show that we are willing to submit it since its a more binding contract.

I hope everything goes right. I'm never been the praying type, but starting this k-1 visa process has really made me so nervous that I'm looking to anything to help make me calm my worries. I have to deal with these worries for months! I can't wait for it to be over and my fiancee and I can be finally together in the US. I know once it's over I'll probably sleep like a baby for days lol

maning.......Since your 2010 income is flirting with the minimum requirement, I think it's a good idea for you to make the best financial case possible. I like your idea of including documented cash and assets as part of your case. I also like your idea of attempting to submit an I-864 at the interview. A friend of mine submitted an I-134 and an I-864 to the USEM last summer. His fiancée was approved for a K-1 visa even though his income was below 125% of the poverty line.

My friend is a Filipino who was born in the Philippines and is now a U.S. citizen. He's in his late twenties, has a full-time job, and neither he nor his fiancée have a college education. His brother is the cosponsor.

Here's an email from the U.S. Embassy Manila where they talk about cosponsors: my link.

Also, I believe it could help a lot if you attended your fiancée's interview. Read post #40 on this thread: my link.

Good luck with your visa journey!

[Tahoma 2,292]

Hey Tahoma!

Yeah, that's one thing I'm worried that I'm flirting with the minium requirement. Even though the rule is %125 over the poverty line, you never know what they want. So I'm being cautious and just want to list my assets to pump up my financial ability.

My fiancee is a BSNursing graduate (degree compatible with US standards) and hopefully that will also insure the consular officer that she will not be a public charge. I'm Filipino as well, but I moved to the US when I was 3. US Citizen by naturalization. Late 20's as well. I was a 3rd year college graduate, but i dropped out to support my fiancee in getting her nursing degree. Self-employed, passed the General Contractor's exam, just learning the ropes in the building trade. I know my income will gradually go up the more experienced and established I am in the business. I plan to be at my fiancee's interview and if the consular officer permits me to attend the interview I will make the case with that.

Oh I plan to do I-134 co-sponsor with my dad as a co-sponsor. I also plan to do a I-864 and I-864A with my dad as co-sponsor as well. I'll show the consular officer the I-134 first w/ co-sponsor and then hand him the I-864 to show that we are willing to submit it since its a more binding contract.

I hope everything goes right. I'm never been the praying type, but starting this k-1 visa process has really made me so nervous that I'm looking to anything to help make me calm my worries. I have to deal with these worries for months! I can't wait for it to be over and my fiancee and I can be finally together in the US. I know once it's over I'll probably sleep like a baby for days lol

Kaibigan...I'm glad to hear that you are going to attend the interview. Attending the interview will allow you to make your best financial case to the consular officer, and you can be assured that nothing is overlooked. If necessary, you can also make a personal appeal to the consular officer like VJ member bmagno did.

On top of that, you will assure the consular officer that your fiancée won't become a public charge by submitting both your cosponsor's I-134 and your cosponsor's I-864.

Another strong point of your financial case is the fact that your fiancée is a nurse. The consular officer needs to know this because it certainly can make a difference. My Chinook is also a nurse. During her interview, the consular officer noticed that fact and commented favorably on it. Also, I have read more than once here on VJ where the consular officer at the U.S. Embassy Manila took into account the beneficiary's profession in approving the visa. The most recent comment about this subject was within the past month from VJ member messybrownhair.

I think you have a rock solid plan for presenting your best financial case. Also, keep in mind that your income is above the minimum requirement. Your fiancée should get an easy visa approval.

By the way, has your fiancée passed the NLE? How about the IELTS or the TOEFL? Is she planning on taking the NCLEX soon?

[maning 36]

Hey Tahoma! I really, really hope this whole process will run smoothly. I haven't even turned in our I-129F yet (I will first week of March, just waiting on her passport photos to arrive)and I'm so nervous that it's messing with my sleep pattern. I'm a natural worrier and planner. So, when I can't plan something accordingly and don't know the outcome, I get stressed.

I'm also going to try to look for a part-time job (maybe delivering newspapers? that can work before going to my main job) I can show that I am willing to up my income by any means. It's just hard to move into another lucrative field, finish college, or take risks when my fiancee is dependent on me for support for her schooling and daily expenses. Once she's over here in the US, we can both move forward professionally and financially.

She's graduating in April 2011. So she's a BSN nurse graduate. She will take the NLE in July. Her school has a very high passing rate for the NLE and she does well on tests, so hopefully it will equate a passing score. She will take the TOEFL English exam here in the US. Her English grammar and speech are not a problem. She's probably better than me heh. She plans to take the NCLEX as soon as she's allowed to... that will be a long process as well since they enacted new rules like "passing the NLE" which I think is just stupid. Since she will not be practicing nursing in The Philippines and NLE and NCLEX are totally different tests and jurisdictions.

Just have to take things one step at a time... sigh

Kaibigan...I'm glad to hear that you are going to attend the interview. Attending the interview will allow you to make your best financial case to the consular officer, and you can be assured that nothing is overlooked. If necessary, you can also make a personal appeal to the consular officer like VJ member bmagno did.

On top of that, you will assure the consular officer that your fiancée won't become a public charge by submitting both your cosponsor's I-134 and your cosponsor's I-864.

Another strong point of your financial case is the fact that your fiancée is a nurse. The consular officer needs to know this because it certainly can make a difference. My Chinook is also a nurse. During her interview, the consular officer noticed that fact and commented favorably on it. Also, I have read more than once here on VJ where the consular officer at the U.S. Embassy Manila took into account the beneficiary's profession in approving the visa. The most recent comment about this subject was within the past month from VJ member messybrownhair.

I think you have a rock solid plan for presenting your best financial case. Also, keep in mind that your income is above the minimum requirement. Your fiancée should get an easy visa approval.

By the way, has your fiancée passed the NLE? How about the IELTS or the TOEFL? Is she planning on taking the NCLEX soon?

[Tahoma 2,292]

She's graduating in April 2011. So she's a BSN nurse graduate. She will take the NLE in July. Her school has a very high passing rate for the NLE and she does well on tests, so hopefully it will equate a passing score. She will take the TOEFL English exam here in the US. Her English grammar and speech are not a problem. She's probably better than me heh. She plans to take the NCLEX as soon as she's allowed to... that will be a long process as well since they enacted new rules like "passing the NLE" which I think is just stupid. Since she will not be practicing nursing in The Philippines and NLE and NCLEX are totally different tests and jurisdictions.

For what it's worth, I'm not aware of any states in the U.S. which require passing the NLE in order to become an RN in the U.S. If the state that you live in happens to require it, your fiancée should check into applying to sit for the NCLEX through another state. Then, after she passes the NCLEX, she can simply endorse her license to the state in which you live. Before she goes the endorsement route, check out the endorsement process on your state's board of nursing web site to make sure she can endorse her license to your state without the NLE.

An advantage of not taking the NLE is that your fiancée could begin studying for the NCLEX sooner.