Yet Another I-134 Self-Employed question.

[DavidLovesPheap 6]

Preface: I've read through 4 or 5 threads, and don't quite see anyone with a very similar situation, so I hope I can get a simple question answered.

Anyway, here's the situation

*Pre 2011: Student and worked part-time, dismal income

*2012: Self Employed (1099 Contractor + Single Member LLC). Business did not pick up till half-way through the year, and I spent 3 months in Cambodia with my fiancee, made $11,000

*2013: Self Employed (1099 Contractor + Single Member LLC). Currently pulling in about $2500/month (profit). Paying off lots of debts, but I should be able to pay all those off and have my goal of $10,000 in my savings account when I intend to return to Cambodia this fall when my fiancees petition goes through, and be there for maybe 2 months while she finishes her packet 3, interviews, and we plan to have a (secret) traditional, cambodian reception (we will NOT be getting married legally, but her parents DEMAND a traditional ceremony) and then traveling back to the US where I'll continue my self-employment.

Tax returns will be useless, I've never made above the poverty line for 1 person, but I should be able to show monthly P&L showing an income of $22,500 YTD (assuming through Sep), and bank statements showing about $4,000/month in deposits.

Simply question, will that be enough evidence?

P.S. If I absolutely need to, since I haven't filed this years taxes yet, I can "loose" some expense receipts and show a profit of $15,130, the poverty line for 2012, I'd just end up paying a lot more in taxes. That shouldn't be necessary, right?

[Waiting234 18]

I don't know 100% about the best way to show your income if you are self employed and do not have a very great history of business. Let's leave that to the next guy. But, I recommend that you consider waiting to pay off your debts until AFTER the petition is approved, unless of course it makes much more financial sense to pay off now AND you know you won't need it to meet poverty guidlines. The I-134 does not ask you what your debts are. If you pay off your debts, then the money cannot be used to help you meet the poverty guidelines. If you save the money, and pay off your debts afterwards, then the savings account with the money can be used to cover any shortcomings of meeting the poverty guidlines. So, if you need 30k per year, but you only earn 26k, then you can use 5k of your savings to make up for every 1k of shortcomings. So, if you are short on the poverty guidlines by 4k, you would need 20k in the bank. 5k, you need 25k in the bank.

Edited February 19, 2013 by Waiting234

[Waiting234 18]

Did you say that you will not be getting married legally? Or did you intend to say illegally? You are only having the a reception and ceremony in Cambodia, right (without signing the legal documents)? Then, you will sign the legal paperwork in a courthouse in the United States.

Edited February 19, 2013 by Waiting234

[DavidLovesPheap 6]

Did you say that you will not be getting married legally? Or did you intend to say illegally? You are only having the a reception and ceremony in Cambodia, right (without signing the legal documents)? Then, you will sign the legal paperwork in a courthouse in the United States.

We are planning on getting married in the US, full blown ceremony plus reception here, getting a nice, cheap AZ marriage licence (Marriage licence in Cambodia can be $1500 or more!). We are having a reception there, but will not get legally married as that would disqualify the k-1 fiancee visa. I hear even the appearance of getting married has been cause for consulates to deny a visa, so as long as the consulate doesn't know and we do it after we have visa in-hand, I think we'll be safe.

As for the savings thing, I get what you are saying now. I thought it was an all or nothing, like if you didn't meet the poverty guidelines, (so $15,000) then you had to have 5x the poverty line income in assets, (so $75,000), but it's 5x the DIFFERENCE so in my case, the difference from last years taxes and the poverty requirement is like $4,000, so I would need to have $20,000. Even if I put a hold on paying off my current debts, I don't think I would have quite that much (which I would only need if they were looking at last years taxes and not earnings YTD, which should be well above the poverty guidelines by Sep) Thanks for the clear up though, it's something to think about.

So the question still remains: is a YTD Earnings statement, along with monthly P&Ls and bank statements enough to convince the consulate I can support my wife-to-be?

[Waiting234 18]

We are planning on getting married in the US, full blown ceremony plus reception here, getting a nice, cheap AZ marriage licence (Marriage licence in Cambodia can be $1500 or more!). We are having a reception there, but will not get legally married as that would disqualify the k-1 fiancee visa. I hear even the appearance of getting married has been cause for consulates to deny a visa, so as long as the consulate doesn't know and we do it after we have visa in-hand, I think we'll be safe.

As for the savings thing, I get what you are saying now. I thought it was an all or nothing, like if you didn't meet the poverty guidelines, (so $15,000) then you had to have 5x the poverty line income in assets, (so $75,000), but it's 5x the DIFFERENCE so in my case, the difference from last years taxes and the poverty requirement is like $4,000, so I would need to have $20,000. Even if I put a hold on paying off my current debts, I don't think I would have quite that much (which I would only need if they were looking at last years taxes and not earnings YTD, which should be well above the poverty guidelines by Sep) Thanks for the clear up though, it's something to think about.

So the question still remains: is a YTD Earnings statement, along with monthly P&Ls and bank statements enough to convince the consulate I can support my wife-to-be?

Nice. I like the idea. Plus, better not to celebrate too soon. Best to celebrate after you get the visa anyway. I am sure you will get it, but to have a celebration with all your family present, just to have to wait another 6 or more months afterwards makes people ask questions. I hate when people ask questions. They should mind their own business! Haha.

Unfortunately, I do not know how to best represent your earnings without a complete tax history. I didn't have that problem. I've heard of some people using future earnings to justify their poverty level, but they also had an employer who could write a letter which states their income. You may want to consult an immigration lawyer about your earnings. 15 minutes with a lawyer shouldn't run you more than $100, but be prepared with everything and even practice your 10 minute presentation about yourself so the lawyer has time to answer your questions.

Edited February 20, 2013 by Waiting234