Petitioner's income

[peteranna 0]

CHEERS,

I would like to know about the following. My husband's (USC) salary last year was just under 30,000. Because he takes contract jobs, which are not steady, AND works for himself as a videographer, which is not steady either. What would be the best course of action to take in terms of filling out the AOS and what documents would be required to send to NVC? We are expecting to get NOA2 in a few weeks (+-end of July). Also, my house is scheduled to be sold at the end of October where I will be getting about 130,000 Canadian dollars in equity. I am wondering if I should wait to include this money on the AOS or should we just try with his income and unsteady pays alone...If we just use his income alone, is there a way I can prove to NVC that my house is sold and I will have x equity by the end of October? Will they consider this??? I am especially asking this question to those who used their own assets (or future assets ie:sale of a house) successfully at the NVC stage.

Thanks

Edited July 1, 2012 by peteranna

[Penguin_ie 5,993]

As a spouse, you can use your assets, but most uS embassies don;t like foreign assets, so you may want to transfer it to a (joint) account in the USA.

[peteranna 0]

As a spouse, you can use your assets, but most uS embassies don;t like foreign assets, so you may want to transfer it to a (joint) account in the USA.

So do you believe it's best to wait until the end of October when my house is sold and I (beneficiary) have my equity? NOA2 should be wrapped up in a month or so. This would mean waiting 2-3 months for the sale of the house to submit everything to NVC. Or take a chance with my husband's (USC) unsteady income and last year's income (under 30,000)? Thanks in advance.

[Penguin_ie 5,993]

I'd take a chance. I believe Canada has a long waitinglist for interviews, so if your house is sold by the time the interview comes around, you can always submit a new I-864. If not sold, and they do not feel he makes enough. they'll just ask you to re-submit after the interview, which you can then do after the sale.

[VanessaTony 3,567]

So is it just you and your husband? Or do you also have children? Because $30K is sufficient for a 4 person household.

[peteranna 0]

I'd take a chance. I believe Canada has a long waitinglist for interviews, so if your house is sold by the time the interview comes around, you can always submit a new I-864. If not sold, and they do not feel he makes enough. they'll just ask you to re-submit after the interview, which you can then do after the sale.

I thought the NVC can deny the visa if he is does not qualify. The I-864 goes to NVC or am I wrong?

[peteranna 0]

So is it just you and your husband? Or do you also have children? Because $30K is sufficient for a 4 person household.

My son will be staying with his father in Canada until Peter and I are settled in. At that point we will petition together to bring my son into the US. My husband's salary was just under 30,000 last year and this year he goes between contract jobs and videography jobs. The weeks where he does not work he claims unemployment. Thoughts? Thanks in advance.

[VanessaTony 3,567]

My son will be staying with his father in Canada until Peter and I are settled in. At that point we will petition together to bring my son into the US. My husband's salary was just under 30,000 last year and this year he goes between contract jobs and videography jobs. The weeks where he does not work he claims unemployment. Thoughts? Thanks in advance.

Okay so for a 3 person household he needs to earn $23,862 annually (http://www.uscis.gov/files/form/i-864p.pdf). If he does you don't need to worry about assets etc. He proves employment with his tax return but as he's self-employed the things he needs to include are in the instructions here: http://www.uscis.gov/files/form/i-864instr.pdf

If you want to use the house sale info (assuming the contract has been signed?) you could show the sale contract as well as proof it's you who is getting the entire proceeds (instead of if you owned it jointly with someone else). If it hasn't been signed (which is also fine) I believe you need to show an appraisal and mortgage documents and they consider it as assets only based on value of house - mortgage amount (so how much you would get if you sold it). You should be fine

[peteranna 0]

Okay so for a 3 person household he needs to earn $23,862 annually (http://www.uscis.gov/files/form/i-864p.pdf). If he does you don't need to worry about assets etc. He proves employment with his tax return but as he's self-employed the things he needs to include are in the instructions here: http://www.uscis.gov/files/form/i-864instr.pdf

If you want to use the house sale info (assuming the contract has been signed?) you could show the sale contract as well as proof it's you who is getting the entire proceeds (instead of if you owned it jointly with someone else). If it hasn't been signed (which is also fine) I believe you need to show an appraisal and mortgage documents and they consider it as assets only based on value of house - mortgage amount (so how much you would get if you sold it). You should be fine

Yes the sale contract has been signed and we are scheduled for the legal sale at the end of October, at which point the money will be released to me, as I am the sole owner.

Thanks for your input

[Anh map 2,098]

Yes the sale contract has been signed and we are scheduled for the legal sale at the end of October, at which point the money will be released to me, as I am the sole owner.

Thanks for your input

A contract for sale would not likely be sufficient to satisfy the I-864 requirements. There is no way to assure that the sale will be completed.

The ownership of the property could be enough, though assets held outside the US are difficult to liquidate if the I-864 obligation would need to be enforced.

The CO's don't want to have their decisions go bad. Like most everyone else, they have bosses to answer to and careers to worry about.

[peteranna 0]

A contract for sale would not likely be sufficient to satisfy the I-864 requirements. There is no way to assure that the sale will be completed.

The ownership of the property could be enough, though assets held outside the US are difficult to liquidate if the I-864 obligation would need to be enforced.

The CO's don't want to have their decisions go bad. Like most everyone else, they have bosses to answer to and careers to worry about.

Thank-you for your input.

So the facts are: 1) NOA2 +- end of July

2) legal sale of my home end of october (130k Canadian in equity coming to me the beneficiary,sale contract signed all

appointments set up for the legal sale)

3) husband USC earned just under 30000 in 2011, this year he goes btw contract jobs, video work and unemployment.

All the paperwork is ready for NVC as soon as we get the NOA2 and get registered with NVC. My options are:

1) send everything to NVC and include only my husband's income as soon as we get the green light.

2) send everything to NVC and include my husband's income, the sale contract of my home, my morgage balance at the time of the legal sale, and my estimated equity (all to take place at the end of october. OR

3) Wait until the end of october, have the cash in hand from the sale, put it in our US bank account, then submit all to NVC. (This option would cause a delay)

Thoughts? Thanks

Edited July 2, 2012 by peteranna

[Anh map 2,098]

What amount is shown on line 22 of the petitioner's form 1040 2011 tax return?

For the value of a piece of real estate a recent valuation from a license appraiser is needed along with the mortgage balance. If there is some sort of equity arrangement, documentation of that is needed.

The sales contract is ok, but you and I could draw up a sales contract for your home and sign it. Doesn't meant that our valuation is correct or that that the sale will happen.

The worst that can happen is that the petitioner's income is deemed insufficient , then an RFE is issued for more documentation and/or joint sponsor. If that occurs after (or close to the time) you've received the proceeds of the sale, you've got the solution in hand.

Keep the ball rolling as best you can and deal with any RFE if one is issued.

[peteranna 0]

What amount is shown on line 22 of the petitioner's form 1040 2011 tax return?

For the value of a piece of real estate a recent valuation from a license appraiser is needed along with the mortgage balance. If there is some sort of equity arrangement, documentation of that is needed.

The sales contract is ok, but you and I could draw up a sales contract for your home and sign it. Doesn't meant that our valuation is correct or that that the sale will happen.

The worst that can happen is that the petitioner's income is deemed insufficient , then an RFE is issued for more documentation and/or joint sponsor. If that occurs after (or close to the time) you've received the proceeds of the sale, you've got the solution in hand.

Keep the ball rolling as best you can and deal with any RFE if one is issued.

Thank you. I will do as you suggest.