Help with i-134, Q7 for K1 visa

[lucy884 3]

I've tried to look for other posts with a similar question but it seems situations are always slightly different. I hope people don't mind me starting a new topic for my question :/ Also, I've put it in the UK forums as I know the consulates differ slightly in requirements, but if it's in the wrong place, I'm sorry.

When we filed our K1 petition, my fiance had fairly steady work in a restaurant which we listed as his place of employment on those forms, but he was being paid cash in hand. Since then, the restaurant has closed down and he has been taking random part time jobs, again earning cash in hand, and also some freelance work for which he does have some payslips. Most of the work he has been doing has not been regular and he has not been earning enough to file taxes for the past 3 years. He does however have one regular part time job at the moment which he gets cash in hand for but it's very little. We are a little stumped as to what to write on his affidavit of support for the current employment question (question 7). He doesn't get payslips for this current job, whereas the job he *does* get payslips for is a freelance one which he won't be doing again until the summer as it's dependent on the football season in his area (he's a sports broadcaster). It's confusing us a lot not just in what to write for this question, but also what evidence he needs to send me as there isn't much he can send. I'm also wondering if it would be necessary for him to write a letter explaining why he has not filed taxes for 3 years?

We do have a co-sponsor, thankfully, but obviously my fiance needs to fill this form out and mail it to me asap as I need to return my package 3. Any advice would be so much appreciated. Thank you

Lucy

[Nich-Nick 3,354]

I've tried to look for other posts with a similar question but it seems situations are always slightly different. I hope people don't mind me starting a new topic for my question :/ Also, I've put it in the UK forums as I know the consulates differ slightly in requirements, but if it's in the wrong place, I'm sorry.

When we filed our K1 petition, my fiance had fairly steady work in a restaurant which we listed as his place of employment on those forms, but he was being paid cash in hand. Since then, the restaurant has closed down and he has been taking random part time jobs, again earning cash in hand, and also some freelance work for which he does have some payslips. Most of the work he has been doing has not been regular and he has not been earning enough to file taxes for the past 3 years. He does however have one regular part time job at the moment which he gets cash in hand for but it's very little. We are a little stumped as to what to write on his affidavit of support for the current employment question (question 7). He doesn't get payslips for this current job, whereas the job he *does* get payslips for is a freelance one which he won't be doing again until the summer as it's dependent on the football season in his area (he's a sports broadcaster). It's confusing us a lot not just in what to write for this question, but also what evidence he needs to send me as there isn't much he can send. I'm also wondering if it would be necessary for him to write a letter explaining why he has not filed taxes for 3 years?

We do have a co-sponsor, thankfully, but obviously my fiance needs to fill this form out and mail it to me asap as I need to return my package 3. Any advice would be so much appreciated. Thank you

Lucy

London will accept the other sponsor's form without one from your fiancé. They want a qualified sponsor and have no need for info from one not qualified. He will need to provide a form when you adjust status later and do the I-864.

For your general future, you do understand that cash in hand is to be accounted for? It's a form of self-employment to the IRS as an independent contractor. Since it's January, it's a good time to start recording dates and cash received so at the end of the year he will know if he did indeed earn enough to file.

[lucy884 3]

Thanks so much for your reply Nick - once again

The cash in hand work doesn't sit well with me, exactly for the reason you mentioned, but in Puerto Rico it seems to be really common so he just hasn't questioned it. He's currently job hunting so I'm really hoping he'll find proper employment soon so we're better prepared for the future. Thanks for the info on that though, I'll mention it when I talk to him later. It always worries me

I read a post a few days ago by someone who went to their interview at the London consulate and was told by the officer who takes the documents that only your fiance can be your sponsor, and the officer wouldn't accept the co-sponsor's forms until he/she got to the interview part. I'm a bit nervous about that happening to me if my fiance doesn't complete a form at all. What do you think? :/

[Nich-Nick 3,354]

Thanks so much for your reply Nick - once again

The cash in hand work doesn't sit well with me, exactly for the reason you mentioned, but in Puerto Rico it seems to be really common so he just hasn't questioned it. He's currently job hunting so I'm really hoping he'll find proper employment soon so we're better prepared for the future. Thanks for the info on that though, I'll mention it when I talk to him later. It always worries me

I read a post a few days ago by someone who went to their interview at the London consulate and was told by the officer who takes the documents that only your fiance can be your sponsor, and the officer wouldn't accept the co-sponsor's forms until he/she got to the interview part. I'm a bit nervous about that happening to me if my fiance doesn't complete a form at all. What do you think? :/

I remember that one. It was weird, but knowing the officer accepted it is what counts. Here's a London link --- Hmmmm..well the public charge link is no longer working. It explained that friends and family could sponsor, explained how to self-sponsor, or do a DIY affidavit of support in lieu of the I-134 form.

Anyway, if you want a form from him, he can put down whatever he wants and offer no proof or just claim the seasonal job. It's not going to count so don't worry about it. Then provide the other sponsor with traditional proofs. Or give the other sponsor first and see if the officer insists on one from the fiancé before you pull it out. It is not spelled out for the I-134 like it is in the instructions for the I-184, which are very specific about requirements, tax returns, etc. K1s get approved in London without tax returns.

About the cash earned. There's a lot of people who think cash doesn't count. IRS counts everything --waiter tips, gambling winnings, scholarship money. And there's a lot who just cheat. My husband started doing some sub-contractor work last year for a home entertainment store and also fixing people's computers or network problems. We invoice every job, even the ones in the neighborhood. Some of the other independents he's run into are cash only. It's a huge hassle, but being an immigrant your taxes will be asked for several times and we just wanted to try to follow the IRS rules. It would be rare that the IRS would bother even checking up, so don't worry about it too much. But keeping a notebook or spreadsheet to document cash would at least give you something to fall back on if needed. Even if not required to file because of low income, the USCIS still wants a statement with the I-864 that is specific--"I earned $3456.78 in 2012 , which is below the threshold required for filing."

[lucy884 3]

I remember that one. It was weird, but knowing the officer accepted it is what counts. Here's a London link --- Hmmmm..well the public charge link is no longer working. It explained that friends and family could sponsor, explained how to self-sponsor, or do a DIY affidavit of support in lieu of the I-134 form.

Anyway, if you want a form from him, he can put down whatever he wants and offer no proof or just claim the seasonal job. It's not going to count so don't worry about it. Then provide the other sponsor with traditional proofs. Or give the other sponsor first and see if the officer insists on one from the fiancé before you pull it out. It is not spelled out for the I-134 like it is in the instructions for the I-184, which are very specific about requirements, tax returns, etc. K1s get approved in London without tax returns.

About the cash earned. There's a lot of people who think cash doesn't count. IRS counts everything --waiter tips, gambling winnings, scholarship money. And there's a lot who just cheat. My husband started doing some sub-contractor work last year for a home entertainment store and also fixing people's computers or network problems. We invoice every job, even the ones in the neighborhood. Some of the other independents he's run into are cash only. It's a huge hassle, but being an immigrant your taxes will be asked for several times and we just wanted to try to follow the IRS rules. It would be rare that the IRS would bother even checking up, so don't worry about it too much. But keeping a notebook or spreadsheet to document cash would at least give you something to fall back on if needed. Even if not required to file because of low income, the USCIS still wants a statement with the I-864 that is specific--"I earned $3456.78 in 2012 , which is below the threshold required for filing."

That's really useful to know, I'll make sure we start recording my fiance's earnings because they are so irregular at the moment and I know IRS etc are more strict when it comes to adjustment of status. It shouldn't be too hard to backtrack I don't think, to see how much he earned last year at least. For this stage, do you think he needs to write a letter explaining why he hasn't paid taxes for 3 yrs or save that for adjustment of status?

I will ask him to fill out a sponsor form anyway detailing his seasonal job, just for peace of mind, but will do as you suggest and give my co-sponsor's documents first. Shame that link isn't working as it sounds like just what I'd need to read! I was considering self-sponsoring at one point but not sure I have enough now. Too many flights across the Atlantic have taken their toll on my savings

[Nich-Nick 3,354]

That's really useful to know, I'll make sure we start recording my fiance's earnings because they are so irregular at the moment and I know IRS etc are more strict when it comes to adjustment of status. It shouldn't be too hard to backtrack I don't think, to see how much he earned last year at least. For this stage, do you think he needs to write a letter explaining why he hasn't paid taxes for 3 yrs or save that for adjustment of status?

I will ask him to fill out a sponsor form anyway detailing his seasonal job, just for peace of mind, but will do as you suggest and give my co-sponsor's documents first. Shame that link isn't working as it sounds like just what I'd need to read! I was considering self-sponsoring at one point but not sure I have enough now. Too many flights across the Atlantic have taken their toll on my savings

I would save the tax statements for AOS, where it is required. If you have some savings, you could always take some proof in the form of bank statements. In general they don't dwell on the sponsorship too much if adequate. They might ask you how you plan to live if he has no income or they may not even mention it.

The USCIS doing your AOS does not talk to the IRS. IT's just a good idea to be squeaky clean as an immigrant. You only prove adequate income for AOS. Removing conditions doesn't care, but people send tax returns filed jointly as a proof of their marriage. Citizenship requires proof you don't owe any taxes, but there is no level of income to meet. So tax returns also go in with the citizenship application.

[Boiler 45,486]

You could self sponsor a K1.

[lucy884 3]

I would save the tax statements for AOS, where it is required. If you have some savings, you could always take some proof in the form of bank statements. In general they don't dwell on the sponsorship too much if adequate. They might ask you how you plan to live if he has no income or they may not even mention it.

The USCIS doing your AOS does not talk to the IRS. IT's just a good idea to be squeaky clean as an immigrant. You only prove adequate income for AOS. Removing conditions doesn't care, but people send tax returns filed jointly as a proof of their marriage. Citizenship requires proof you don't owe any taxes, but there is no level of income to meet. So tax returns also go in with the citizenship application.

Ok, thanks so much for your advice with this, you've really helped clear my head a bit! I'm confident in my co-sponsor, but if there is any info on self sponsoring around then I'd like to read it through just so I'm informed. Is there a specific form you need to complete in order to self sponsor, or like you say, can I just take my bank statements?

[Nich-Nick 3,354]

Ok, thanks so much for your advice with this, you've really helped clear my head a bit! I'm confident in my co-sponsor, but if there is any info on self sponsoring around then I'd like to read it through just so I'm informed. Is there a specific form you need to complete in order to self sponsor, or like you say, can I just take my bank statements?

There is no form. Go in and show them the money. They say to bring proof of your assets, which sounds like bank statements in your case. There is no published amount. It is a judgement call on the part of the officer whether he thinks you have enough to get on until you get a greencard and employment in the US. I would LOVE for you to ask the question "generally how much money would be acceptable to you if a person wanted to self-sponsor?" Oh please, oh please ask!

Edited January 21, 2013 by Nich-Nick

[Boiler 45,486]

It seems to be about $5k, basically what you would need if you were on a 90 day holiday.

[lucy884 3]

It seems to be about $5k, basically what you would need if you were on a 90 day holiday.

Really? Thanks!

There is no form. Go in and show them the money. They say to bring proof of your assets, which sounds like bank statements in your case. There is no published amount. It is a judgement call on the part of the officer whether he thinks you have enough to get on until you get a greencard and employment in the US. I would LOVE for you to ask the question "generally how much money would be acceptable to you if a person wanted to self-sponsor?" Oh please, oh please ask!

You know, I think I will take my bank statements just as a further back up - if around £5k was enough for Boiler then I should have enough too. I'll try and ask!! They really should give a clear indication on the website though so people aren't always speculating.

[Nich-Nick 3,354]

You know, I think I will take my bank statements just as a further back up - if around £5k was enough for Boiler then I should have enough too. I'll try and ask!! They really should give a clear indication on the website though so people aren't always speculating.

It's a judgement call by the officer. There are no rules to accurately publish an amount. Which of these might you choose as less likely to become a public charge?

1. A doctor with 5000 cash, marrying a graduating-in-May chemical engineer.
   
2. A 19-year- old who left school at 16, has never worked, but has 5000, who is marrying a part-time college freshman studying psychology.
   

The people I recall self sponsoring showed 40,000 and 52,000. And the one in the pinned thread--he has a source of income that will continue plus 8,000 (?). I forgot the cash part. That's why I said ask the officer...pick his brain a bit.

[lucy884 3]

It's a judgement call by the officer. There are no rules to accurately publish an amount. Which of these might you choose as less likely to become a public charge?

1. A doctor with 5000 cash, marrying a graduating-in-May chemical engineer.
   
2. A 19-year- old who left school at 16, has never worked, but has 5000, who is marrying a part-time college freshman studying psychology.
   

The people I recall self sponsoring showed 40,000 and 52,000. And the one in the pinned thread--he has a source of income that will continue plus 8,000 (?). I forgot the cash part. That's why I said ask the officer...pick his brain a bit.

Very good point! I'll see if I can ask at the interview - if I'm not too nervous! Thanks again for your advice with this, very much appreciated

[Boiler 45,486]

They hardly looked at all my financials, YMMV. A glance and that was it.