Question about income/tax returns/assets

[Jikarui 0]

Hello everyone,

I've got a few questions regarding annual income, tax returns and assets. For the annual income part, the amount they're looking for that's 125% above poverty line is before tax correct? So if the minimum is 18,333 for 2 people, that's before taxes and what not? Secondly-- My current job I work is 40 hours a week, at the minimum wage of $9.04 an hour-- this adds up to be 18,803 or did I do my math wrong? Before I used a online calculator I wound up with 17,357 before tax. Do I meet the requirements with my income?

The next question is about assets and what they cover. I'm currently going to invest with Russell Investments of about $8,000, will I be able to somehow show this as a asset? If so, what paperwork would I need to show for it? I'm very new when it comes to handling assets/investments.

Lastly, tax returns. I never filed for the year of 2010 as I had made under $3,000 which from I researched, meant it wasn't required for me to file. I'm going to be doing my tax return for 2011 as soon as I get all the documents since it will have been my first full year of working. Do I need to write a reason for why I never filed for 2010 as I had just turned 18 and started working, or would my 2011 taxes be enough? Another thing to consider as well though is I might not get my tax return before his interview. I'm expecting if all goes well the visa will be approved by the beginning of February, since we filed late September. If he got his interview before I received my tax return, what would I do in that case?

Thanks in advance!

[Rufus2012 175]

A simple calculation for hourly wages to annual pay is 2000x the hourly rate (assume 50 weeks of work, 40 hours per week).

The requirement is based on income before taxes.

If you are using assets, they require the assets to be 5x the salary minimum. Your 8000 dollars (assuming it is considered liquid, others can chime in with a more precise answer) is only going to effectively add 1600 to your annual pay). You are cutting it somewhat close here, consider getting a co-sponsor.

[JimVaPhuong 4,863]

Hello everyone,

I've got a few questions regarding annual income, tax returns and assets. For the annual income part, the amount they're looking for that's 125% above poverty line is before tax correct? So if the minimum is 18,333 for 2 people, that's before taxes and what not? Secondly-- My current job I work is 40 hours a week, at the minimum wage of $9.04 an hour-- this adds up to be 18,803 or did I do my math wrong? Before I used a online calculator I wound up with 17,357 before tax. Do I meet the requirements with my income?

Most people who are on an hourly wage do not get paid for a full 52 weeks each year. Most hourly workers do not get paid for holidays unless they work on those holidays. Since you are so close to the threshold you should assume that the CO will deduct a couple of weeks for holidays. The CO has discretion whether to consider an I-134 sufficient or not. I think yours is a coin toss.

The next question is about assets and what they cover. I'm currently going to invest with Russell Investments of about $8,000, will I be able to somehow show this as a asset? If so, what paperwork would I need to show for it? I'm very new when it comes to handling assets/investments.

Can the asset be converted to cash within 12 months without undue hardship or financial loss? If the investment is in a form that can be liquidated anytime without penalty then it's probably a qualified asset. If it's something like a certificate of deposit where you'll incur a substantial penalty for cashing it out early then it might not be considered. If you list the investment as an asset then you should also provide proof that you own it, and proof of it's current value.

Lastly, tax returns. I never filed for the year of 2010 as I had made under $3,000 which from I researched, meant it wasn't required for me to file. I'm going to be doing my tax return for 2011 as soon as I get all the documents since it will have been my first full year of working. Do I need to write a reason for why I never filed for 2010 as I had just turned 18 and started working, or would my 2011 taxes be enough? Another thing to consider as well though is I might not get my tax return before his interview. I'm expecting if all goes well the visa will be approved by the beginning of February, since we filed late September. If he got his interview before I received my tax return, what would I do in that case?

Thanks in advance!

Most consulates require a copy of the tax return for the most recent tax year, or an IRS transcript of that return. The cutoff date for determining what year is the most recent tax year is the filing deadline date in April. In other words, after the filing deadline this coming April the most recent tax year will be 2011. Until then, the most recent tax year is 2010. However, they'll accept a 2011 tax return if you've already filed it, even if it's before April. Since most employers don't send out W2's until the end of January, it's unlikely you'll get your 2011 tax return filed in time. In that event, you'll need to include a letter explaining how much you made in 2010, and why you weren't required to file a tax return. After that, you provide proof of current income and hope for the best. There's a chance you'll be asked to get a joint sponsor.

A simple calculation for hourly wages to annual pay is 2000x the hourly rate (assume 50 weeks of work, 40 hours per week).

The requirement is based on income before taxes.

If you are using assets, they require the assets to be 5x the salary minimum. Your 8000 dollars (assuming it is considered liquid, others can chime in with a more precise answer) is only going to effectively add 1600 to your annual pay). You are cutting it somewhat close here, consider getting a co-sponsor.

Assets only need to be 3X the income shortage if the sponsored alien is the spouse or minor child of the sponsor. Most consulates use the same rule for fiancee's, since they will become the sponsor's spouse after they arrive in the US.

[Rufus2012 175]

Jim - I've always read it was 5x. However, you're right, I checked the I-864 instructions, and they state:

"In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is an alien orphan who will be adopted in the United States after the alien orphan acquires permanent residence, and who will, as a result, acquire citizenship under section 320 of the Act, the total value of your assets need only equal the difference."

You mention that "most" consulates will treat the fiance as a spouse, but a strict reading of this does leave the door open to a CO to reject the affidavit. I wonder if (and how often) this has happened?

Edited January 15, 2012 by Rufus2012

[Nich-Nick 3,354]

Lastly, tax returns. I never filed for the year of 2010 as I had made under $3,000 which from I researched, meant it wasn't required for me to file. I'm going to be doing my tax return for 2011 as soon as I get all the documents since it will have been my first full year of working. Do I need to write a reason for why I never filed for 2010 as I had just turned 18 and started working, or would my 2011 taxes be enough? Another thing to consider as well though is I might not get my tax return before his interview. I'm expecting if all goes well the visa will be approved by the beginning of February, since we filed late September. If he got his interview before I received my tax return, what would I do in that case?

Thanks in advance!

Firt off. London does not require a tax return or a reason why not for an I-134. You can prove your current income with a letter from your employer and recent pay stubs. That can get you through the K1 visa, but for AOS you will give amounts from tax returns for 2009, 2010, 2011 or a statement why you were not required to file. You are so borderline that a joint sponsor might be asked for. London has done both ways depending on the officer doing the interview.

Secondly, your timeline predicts a March approval.(That's a petition approval by the way. Your fiance will apply for the visa once the case gets to London.) Even if your petition is approved February 1, the interview in London would likely be April if you were the luckiest, speediest couple around.

You will have time to get your taxes done. Expect your needed tax documents by the first of February. Then sit down and fill in a tax return. Print out a full return like you were going to mail it, sign and date it, then photocopy the whole thing and the W2 from your employer. Done before Valentine's Day!

[JimVaPhuong 4,863]

You mention that "most" consulates will treat the fiance as a spouse, but a strict reading of this does leave the door open to a CO to reject the affidavit. I wonder if (and how often) this has happened?

The CO has a lot of leeway with an I-134. K visas are in a gray area. They're not immigrant visas, so there's no statutory requirement for an affidavit of support, nor any defined criteria for what standards a sponsor has to meet. On the other hand, K visas not only allow for immigrant intent, they practically require it, and consulates will usually want to feel comfortable that they're not sending an intending immigrant to the US who won't have a sufficient sponsor to adjust status. The Foreign Affairs Manual doesn't do much to clear this up. It mentions that the I-134 is a useful tool for certain types of visas, but doesn't lay out any specific rules for determining if it's sufficient other than to say that it's not legally enforceable, and it should be given less weight than an I-864.

Department of State hasn't spelled out any policy rules, and consulates aren't sharing any inside information with us, so we have only the experience of others to go by. The consensus on VJ is that the consulate is generally going to apply the same rules that will ultimately be applied with the I-864. This is based on the experience of prior members. Petitioners who have sufficient income to qualify with an I-864 usually don't have any problems with their I-134 being accepted by the consulate, while petitioners who don't have sufficient income to qualify with an I-864 are usually required to provide a joint sponsor, or rejected outright, depending on the consulate. It seems reasonable to assume that they would apply the same standards with the I-134 that will eventually be applied with the I-864 when the beneficiary applies for adjustment of status. It wouldn't be reasonable to apply stricter standards, and it would be ludicrous to apply less strict standards. When the beneficiary eventually applies for adjustment of status they will be the spouse of a US citizen, so it seems reasonable to assume that the 3X rule for assets would be applied.

Having said that, some consulates have been reluctant to accept assets with an I-134. Why? Nobody knows for sure. This seems to be more common at consulates in high fraud countries, so perhaps it's just a convenient excuse to deny when they actually suspect fraud but don't have any evidence of it.

I've never heard of a beneficiary being told at the interview that the petitioner's assets had to meet the 5X rule. Obviously, that's not proof that they don't apply the 5X rule. It's simply not possible to know for sure unless they tell us.

[Nich-Nick 3,354]

You mention that "most" consulates will treat the fiance as a spouse, but a strict reading of this does leave the door open to a CO to reject the affidavit. I wonder if (and how often) this has happened?

On the flip side, I've known London to approve a petition with less than the 125%. The beneficiary presented a joint sponsor's papers--

Officer: We don't need that.

Beneficiary: But my fiance doesn't make enough.

Officer: It's fine.

Actually the Dept of State says 100% is enough http://travel.state.gov/visa/immigrants/info/info_3182.html

But many consulates establish their own standards for what they consider meets the public charge issue and how they want it proven.