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No Cosponsor but Freelance Income?

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Filed: K-1 Visa Country: Australia
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Hi everyone, I have some questions about financial/income issues again. Hoping someone can help me.

We had a cosponsor but she pulled out, and I don't think my fiance has anyone left to ask. We've tried everyone he felt he could ask and for various reasons no one has been available.

My fiance lost his job mid-way through the year. However he's managed to pick up freelance work here and there, and over the course of six months he has actually earned around $10,000. We're thinking if we can annualise this income it should just meet the income requirements. Also, I have some cash in the bank that I can show as my own assets, if they will consider them.

I'm wondering if we have a hope of getting through based on this. I was advised by a few people here some time ago that a new job would often not be taken into account since it couldn't be shown to be reliable/permanent. So I didn't think that freelance income would be taken into account, when it has only been for six months and not an established thing. Does anyone have experience/advice to share regarding this?

Thank you,

Riss

Feb 24, 2012 - NOA1

Sep 5, 2012 - RFE

Oct 22, 2012 - RFE reply sent

Nov 5, 2012 - NOA2

Nov 27, 2012 - Packet 3 received

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Filed: K-1 Visa Country: Mexico
Timeline

Hi everyone, I have some questions about financial/income issues again. Hoping someone can help me.

We had a cosponsor but she pulled out, and I don't think my fiance has anyone left to ask. We've tried everyone he felt he could ask and for various reasons no one has been available.

My fiance lost his job mid-way through the year. However he's managed to pick up freelance work here and there, and over the course of six months he has actually earned around $10,000. We're thinking if we can annualise this income it should just meet the income requirements. Also, I have some cash in the bank that I can show as my own assets, if they will consider them.

I'm wondering if we have a hope of getting through based on this. I was advised by a few people here some time ago that a new job would often not be taken into account since it couldn't be shown to be reliable/permanent. So I didn't think that freelance income would be taken into account, when it has only been for six months and not an established thing. Does anyone have experience/advice to share regarding this?

Thank you,

Riss

If the USC petitioner files taxes this year, including the amount that he has made thru freelance, and can show as proof at embassy then it should be fine. He could also write an affidavit for you during the interview, stating self-employed as freelance work. But being that it is fairly new income, it would also be best to provide 3 years of tax returns/transcripts. In this, he would be able to show that he has atleast had somewhat consistent earnings and on file with IRS (as proof). If his income on taxes this year, show above the minimum income requirement, then everything should be fine without co sponsor. However, if your interview is scheduled before he files his taxes, then bring last years tax transcripts and the previous 2 years. And again, write the letter of being currently self employed, along with copy of his bank deposits for atleast these past 6 months. This would back up his affidavit submitted. Most embassies will not begin requiring the 2012 tax documents, til after April 15th 2013 (being that is cut off date for filing, without penalty). But if petitioner does in fact have his filings for 2012, including the freelance income, it will help affidavit in standing better chance (being it is more proof, in such).

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Filed: K-1 Visa Country: Mexico
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Something else to consider, the approval of the petition thru USCIS is valid for 4 months. So, you could actually have a little more time, to have things in order. It looks like your petition was approved in November, so just as long as your interview/medical/fingerprints are scheduled or done before March, then you are still within that window. If a decision has not been made, before your 4 month period ends, the embassy can extend your visa processing. If you have atleast had your interview before expiring. Good luck!!!

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Filed: Citizen (apr) Country: Mexico
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Hi everyone, I have some questions about financial/income issues again. Hoping someone can help me.

We had a cosponsor but she pulled out, and I don't think my fiance has anyone left to ask. We've tried everyone he felt he could ask and for various reasons no one has been available.

My fiance lost his job mid-way through the year. However he's managed to pick up freelance work here and there, and over the course of six months he has actually earned around $10,000. We're thinking if we can annualise this income it should just meet the income requirements. Also, I have some cash in the bank that I can show as my own assets, if they will consider them.

I'm wondering if we have a hope of getting through based on this. I was advised by a few people here some time ago that a new job would often not be taken into account since it couldn't be shown to be reliable/permanent. So I didn't think that freelance income would be taken into account, when it has only been for six months and not an established thing. Does anyone have experience/advice to share regarding this?

Thank you,

Riss

You are in a tough spot, since current income for the self-employed only goes by what is on line 22 of their most recent 1040. If he will show enough for your household size on line 22 of his 2012 1040 form, then perhaps you can delay your interview until he can get his taxes for 2012 filed.

You would have to contact the Sydney consulate and ask them directly if they would allow your assets to also count. I only know of London allowing self-sponsoring.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: Citizen (apr) Country: Mexico
Timeline

Something else to consider, the approval of the petition thru USCIS is valid for 4 months. So, you could actually have a little more time, to have things in order. It looks like your petition was approved in November, so just as long as your interview/medical/fingerprints are scheduled or done before March, then you are still within that window. If a decision has not been made, before your 4 month period ends, the embassy can extend your visa processing. If you have atleast had your interview before expiring. Good luck!!!

Petitions can be extended by the consulate, no need for an interview first. They are generally automatically extended, but it is best to contact them directly and ask for the petition expiration to be extended. This will allow someone more time before they have to interview.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: Country: Vietnam (no flag)
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The income has to be reliable. With the self-employed, it becomes much harder to prove income when income can fluctuate.

Given the amount and how long that he has earn this amount, it is unlikely that will meet the financial obligations. You will probably need a Joint Sponsor.

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Filed: Citizen (apr) Country: Ukraine
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Hi everyone, I have some questions about financial/income issues again. Hoping someone can help me.

We had a cosponsor but she pulled out, and I don't think my fiance has anyone left to ask. We've tried everyone he felt he could ask and for various reasons no one has been available.

My fiance lost his job mid-way through the year. However he's managed to pick up freelance work here and there, and over the course of six months he has actually earned around $10,000. We're thinking if we can annualise this income it should just meet the income requirements. Also, I have some cash in the bank that I can show as my own assets, if they will consider them.

I'm wondering if we have a hope of getting through based on this. I was advised by a few people here some time ago that a new job would often not be taken into account since it couldn't be shown to be reliable/permanent. So I didn't think that freelance income would be taken into account, when it has only been for six months and not an established thing. Does anyone have experience/advice to share regarding this?

Thank you,

Riss

"Freelance" means self employed. YES it counts and YES you can annualize it (you always annualize the income) Great news!

How do you prove it?

It has to be documented. Now if he has a tax return showing that much as personal income (he will be deducting and writing off a lot of that income as expenses and costs) then it is no problem. If he has has just started doing this, how will he prove it? If he has contracts for his work, that would be good. Bank deposits? How is he going to show someone that does not know him that he has this amount in personal income?

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: Citizen (apr) Country: Australia
Timeline

Hi everyone, I have some questions about financial/income issues again. Hoping someone can help me.

We had a cosponsor but she pulled out, and I don't think my fiance has anyone left to ask. We've tried everyone he felt he could ask and for various reasons no one has been available.

My fiance lost his job mid-way through the year. However he's managed to pick up freelance work here and there, and over the course of six months he has actually earned around $10,000. We're thinking if we can annualise this income it should just meet the income requirements. Also, I have some cash in the bank that I can show as my own assets, if they will consider them.

I'm wondering if we have a hope of getting through based on this. I was advised by a few people here some time ago that a new job would often not be taken into account since it couldn't be shown to be reliable/permanent. So I didn't think that freelance income would be taken into account, when it has only been for six months and not an established thing. Does anyone have experience/advice to share regarding this?

Thank you,

Riss

That's great news that it's $10K for 6 months because yes, annualised that's $20K. But like others stated, he will need to show evidence of the income by way of pay stubs, or letters or something.

Because the I-134 is really only "temporary" your assets should help. They know you need the I-864 for AOS and that's where you really need to show income. It reads to me that you'll get across the line with his income as well as his bank account and equity in his home.

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