i-134 and Freelance Income

[ScottMichela 0]

Hey Guys,

Has anyone had success in providing proof of free lance earnings as acceptable income on the i-134? My current plan is to make a package of all the w-9 forms, invoices, and photocopies of payments to show this. However my sketpicism lies in how this will be viewed by a CO. Freelance income can be very unstable and does not have the backing of a letter from the employer.

In your opinion will freelance earnings be viewed seriously by a CO? I lost my full time job 2.5 months ago and since then have been working independently for 3 free lance clients. Any advice on how to package this in the most promising way?

Thanks!

p.s. I plan on including my former job's paystubs to show earning potential, as well as my very recent college diploma. the freelance income also shows the same "hourly" rate, but differs in that I can't often make a full week of billable hours.

Edited February 10, 2013 by ScottMichela

[Enigma11561 336]

Money is money. Earnings are earnings. And proof is proof. Show them proof of the money.As long as it is legit should be no problem.

[Villanelle 4,122]

Are you going through Italy? If so you should read this thread - http://www.visajourney.com/forums/topic/402790-k1-visa-denied-public-charge-pretty-outraged/

The 134 is not a legally binding contract. Whether its approved or not is at the discretion of the CO. They also do not have to allow for co-sponsors. It seems like the embassy in Italy is cracking down on 134s. Giving people a tough time.

If they dont approve you, you may not be able to present a co-sponsor either. Your only choice would be to get married and do the CR1 where co-sponsors must be accepted. But unfortunately you wouldve wasted a great deal of time waiting for the K1 just to find out you cant get it and have to start all over again...

To present your income in the best fashion you would want to write your own self employment letter. But since youve only been self employed for less then 3 months, its not looking good. Its not a strong history. You can try to twist it and show proof that youre doing the same job just for yourself now and that the income is stable, but again its a big risk at an embassy that has a recent history of giving a tough time.

[ScottMichela 0]

Are you going through Italy? If so you should read this thread - http://www.visajourney.com/forums/topic/402790-k1-visa-denied-public-charge-pretty-outraged/

The 134 is not a legally binding contract. Whether its approved or not is at the discretion of the CO. They also do not have to allow for co-sponsors. It seems like the embassy in Italy is cracking down on 134s. Giving people a tough time.

If they dont approve you, you may not be able to present a co-sponsor either. Your only choice would be to get married and do the CR1 where co-sponsors must be accepted. But unfortunately you wouldve wasted a great deal of time waiting for the K1 just to find out you cant get it and have to start all over again...

To present your income in the best fashion you would want to write your own self employment letter. But since youve only been self employed for less then 3 months, its not looking good. Its not a strong history. You can try to twist it and show proof that youre doing the same job just for yourself now and that the income is stable, but again its a big risk at an embassy that has a recent history of giving a tough time.

thanks for your reply. I know that the i-134 is not a binding document, and is at the discretion of the officer. I have read that whole thread and it is actually the reason I am frantic right now. I saw that 3 cases through Naples were given a hard time over the i-134. I have the liquid assets to prove 125% x 5 years, but I have read that like all things i-134 it is at the discretion of the officer.

I also have my sister as a co-sponsor, who exceeds the income requirement. I am hoping that my freelance income (can prove about 70% of the guideline), the ability to cover the full 125%x5 via assets alone, the cosponsor, and the case of being a recent graduate will stick together solidly. I know that the i-134 is all about the petitioner, but if it makes any difference to a human being evaluating our case- then my fiance is also a recently licensed architect in Italy. She has a job lined up once her EAD is approved, but I am hesitant to mention this since it could be interperated as a second motive to come to the US.

[Villanelle 4,122]

As long as your liquid assets are truly liquid you should be approved. Liquid means cash, stocks, bonds. Liquid is not real estate. Real estate, cars, boats- things like that are not liquid assets. They have value and are assets. But you need appraisals done. Whether or not they consider the value towards the 134 or 864 is again, at the COs discretion.

Just because you have an appraisal that says your home is worth 1/2 million dollars doesnt mean youll be able to sell if for a 1/2 million dollars. Real estate market goes up and down. Neighborhoods change. Selling a home takes a long time. Its not liquid. Its not something you can say, OMG were broke, let me auction off a window from my million dollar home to go buy a loaf a bread so we dont starve tonight. You have a million bucks in the bank, you go withdraw 20 bucks and buy some bread and then you have 9 hundred 99 thousand 9 hundred 80 bucks left.

So again, if your assets are liquid, youll have no problem. If theyre just assets, youre back in the same boat- its the COs discretion.

[ScottMichela 0]

As long as your liquid assets are truly liquid you should be approved. Liquid means cash, stocks, bonds. Liquid is not real estate. Real estate, cars, boats- things like that are not liquid assets. They have value and are assets. But you need appraisals done. Whether or not they consider the value towards the 134 or 864 is again, at the COs discretion.

So again, if your assets are liquid, youll have no problem. If theyre just assets, youre back in the same boat- its the COs discretion.

The asset in question is an education savings trust in my name. I went to my in-state university on a scholarship and never used it. It's liquifiable at any time, with a 10% tax penalty (just like any tax protected Roth IRA). I am done with education so I have been considering closing it out into savings. Would this make any difference to a CO?