NVC Filers - April 2014

[alejandreska 136]

Dear all, I really need some advice right now, as I’m truly confused and quite frustrated.

We’ve got our I-130 approved on March 26, after a long wait of 9 months and NVC received our case on April 11. When my husband did his tax return on January 2014, he told me that he was going to file for one of his nieces as he has been helping her monthly with some money. The little girl doesn’t live with him though. At that moment, I honestly didn’t realize that it was going to be a problem for us in the future. It’s me who is more involved with the forums and more details focused. He helps with the proceedings but it’s me who always do all the research and all. When we ordered the tax transcript for 2013, I’ve noticed that they had put that the baby lived with him. Long story short, with that niece as his dependant, he doesn’t meet the minimum requirement of 125% of the Poverty Guideline to support me (We would be 3). It’s quite sad because if he hadn’t filed for her, we would be perfect. But what’s done it’s done. I know that we will find a solution, but it really frustrated me when I’ve realized that we had to find another alternative.

What I would like to ask is if it’s better to just find a joint sponsor. (Not sure if anyone in his family is willing to help with this. He hasn’t asked yet) or to complete the difference between his income on 2013 and the Poverty line that we should meet (3) with our assets. The assets would be mostly the balance of our joint account in the USA and my personal account in Argentina. I think that adding those will help to meet the difference that they request. I know we have to meet the ratio 5:1 for that difference.

Not sure what’s simpler and less stressful. I haven’t researched yet about adding my personal account balance and what evidence I need to send about it. I live in Argentina and there is still a lot of governmental control over exchanging any foreign currency, especially dollars They can think that the money is in my account but it will be a problem to exchange it to dollars and take it or transfer it to the USA. What do you guys suggest please? Thank you very very much in advance.

Mariana

Hi Mariana. I am from Venezuela so I completely understand the foreign currency control. I would recommend to get a joint sponsor, but also to include your assets (I don't think that it hurts to include them, it can give the consular officer a better impression).

Also, try to exchange some Pesos to USD, even if it is with the "paralell" rate. (We did this).

We included our assets in the i-864 and got a Joint Sponsor, My husband lived most of his life here in Venezuela and he doesn't have any family in the US, so we asked a friend to be our sponsor....

Hope that helps,

-Alejandra

[London2Boston 59]

Finally an update =)!! First of all, congratulations to STACEY&MISHO and Mahvika on your case completes!!

After a draining 13 months we received our case complete on 4/18!! We are so thrilled! It's one giant step closer.

So happy to have found VJ while trying to find others like me waiting forever for NOA2. Thank you to everyone and wishing that each of you receives your CC in no time at all!

Congrats, best of luck at the interview!!!

[domwardbound 73]

The "current individual annual income" on part 6 line 5 of the I864 is a bit tricky: Should this be inclusive or exclusive of any 401(k) deferral contributions for the current tax year? I ask because the "total income" figures on line 13 are exclusive of 401(k) contributions and therefore lower than my actual total individual income for those years.

What about any expected bonus, dividends, or capital gains for the year? Should any of that be included here or not?

Not really that tricky. Have you done your taxes for the year? You don't need to calculate something separate for the I-864.

The form tells you the line of your tax return to use - no analysis needed on your part. If your income (including any "bonus, capital gains, and dividends") is included on the tax return line required by the I-864 - different for 1040/1040A and 1040EZ - then you use that same amount on the I-864.

For what it's worth, deferred income (like 401K) isn't included in taxable income on your W2 - you'll notice that taxable income and 'social security' or 'medicare' income is different, and that on the W2, taxable + deferred income = 'social security' or 'medicare' income.

[MsGoyave 45]

Hi everyone! How long does it take to receive a "false checklist" once the packages are sent? A week? Thanks and congrats to the CCs!

[Marwind 13]

Hi Mariana. I am from Venezuela so I completely understand the foreign currency control. I would recommend to get a joint sponsor, but also to include your assets (I don't think that it hurts to include them, it can give the consular officer a better impression).

Also, try to exchange some Pesos to USD, even if it is with the "paralell" rate. (We did this).

We included our assets in the i-864 and got a Joint Sponsor, My husband lived most of his life here in Venezuela and he doesn't have any family in the US, so we asked a friend to be our sponsor....

Hope that helps,

-Alejandra

Thank you so very much Alejandra! I appreciate a lot your suggestions.

May I ask if you just sent the bank account statements of your account in Venezuela? Should I get them translated or just add an explanation?

We will try to get a Joint Sponsor anyway.

Thank you!

Edited: I know it doesn't matter, but the difference is not big at all. Sigh...

Edited April 21, 2014 by Marwind

[stackeria 280]

Not really that tricky. Have you done your taxes for the year? You don't need to calculate something separate for the I-864.

The form tells you the line of your tax return to use - no analysis needed on your part. If your income (including any "bonus, capital gains, and dividends") is included on the tax return line required by the I-864 - different for 1040/1040A and 1040EZ - then you use that same amount on the I-864.

For what it's worth, deferred income (like 401K) isn't included in taxable income on your W2 - you'll notice that taxable income and 'social security' or 'medicare' income is different, and that on the W2, taxable + deferred income = 'social security' or 'medicare' income.

I don't believe you've answered my question.

I filed my taxes for 2013 and included that "total income" from 1040 line 22 on part 6 line 13 of the I-864.

The number I'm talking about here is for part 6 line 5: "My current individual annual income". I don't believe they are simply asking for me to copy line 13.a.1 into line 5. Surely this is a measure of my current income as of today. The instructions state you may include pay stubs or an employment letter as evidence but they do not really define "annual income" as being pre or post 401(k) contributions / bonuses / dividends / etc...

[BOS_LHR 829]

Hi everyone! How long does it take to receive a "false checklist" once the packages are sent? A week? Thanks and congrats to the CCs!

It should probably be more like 2 weeks, the amount of time needed to review and accept a package. Not everyone will receive a false checklist though, so don't worry if you never receive one.

I don't believe you've answered my question.

I filed my taxes for 2013 and included that "total income" from 1040 line 22 on part 6 line 13 of the I-864.

The number I'm talking about here is for part 6 line 5: "My current individual annual income". I don't believe they are simply asking for me to copy line 13.a.1 into line 5. Surely this is a measure of my current income as of today. The instructions state you may include pay stubs or an employment letter as evidence but they do not really define "annual income" as being pre or post 401(k) contributions / bonuses / dividends / etc...

Answer it with the full amount you're expecting to earn this year without considering deductions, deferrals, etc.

[ankit1420 0]

Hi Guys,

i just received and I -864 form filled out by my joint sponsor and there was a slight mistake on it he put his annual house hold income on par 6 of 9 c instead of putting on putting on item 10 of part 6, thing is that he lives in Atlanta and i live in Indiana and he is busy during weekdays so i wont be able to get another form by next weekend. so my question is that since its a slight mistake can i just replace that page with a new corrected page or do he has to fill out whole new another form and send it to me.

second question on his tax returns slip would that be enough to send the first and second page of 1040 form with the w2 of his , or i have send the whole tax transcripts of 2013.

any help on this by Saylin or matter would be greatly appreciated

[alejandreska 136]

Thank you so very much Alejandra! I appreciate a lot your suggestions.

May I ask if you just sent the bank account statements of your account in Venezuela? Should I get them translated or just add an explanation?

We will try to get a Joint Sponsor anyway.

Thank you!

Edited: I know it doesn't matter, but the difference is not big at all. Sigh...

You're welcome

I haven't sent the package yet, I'm still waiting for my case #. But I am planning to send my Venezuelan bank statements and a written explanation that states the amount of money we currently own and its equivalent in US dollars.

There is no need to translate them, NVC only cares about the equivalent in USD, the officer in the consulate/embassy will be the one who reviews the foreign statements. You could always highlight the available amount of money in each statement to facilitate the work for NVC.

I will send statements of the last 12 months ( I read somewhere that they usually want to see 12months), and only the last 6 months of a joint account (because it was opened 6 months ago).

Oh, and the money conversion should be done with the "official rate". The consulars know that the official rate is kind of a lie (lol) but it doesn't matter because legally you should use that number.

Good luck with your journey,

-Alejandra

[stackeria 280]

Answer it with the full amount you're expecting to earn this year without considering deductions, deferrals, etc.

Thanks.

So what they really want is the "expected current tax year individual pre-tax and pre-deferral income including dividends, interest, and bonuses"?

"Current individual annual income" sounded more like my current monthly wages x 12. The IRS needs to send someone out to educate these people and help them with their forms and instructions!

[benipals4 72]

congrats to everyone who got Case complete!!

Come on NVC, LET ME PAY YOU!!!! lol

[dirk_diggler 107]

I've been through the same thing!

It will be available either today or tommorrow at most!

Just relax, almost there!!!

Yeap, I have the same triangle for IV fees since Friday evening! Still not able to pay! but it is only matter of hours or couple of days now!

Fully expected!!

I know relax is easier said than done!

I'm obsessing about my IV fees right now! I check every minute now and I will not stop until I pay them!!!!!!

You'll get an email the minute DS261 and AoS fees are available!!

Any luck with paying your IV fee yet?

[Jenrryclau62 1]

Not sure. You've submitted an I-864 for all of those people?

I dont remenber exactly what form i fill out ,when he went to interview they requested to him that , and i sent a paper with the info but really a dont remenber now ,he is living here with wife and dougther .

[domwardbound 73]

I don't believe you've answered my question.

I filed my taxes for 2013 and included that "total income" from 1040 line 22 on part 6 line 13 of the I-864.

The number I'm talking about here is for part 6 line 5: "My current individual annual income". I don't believe they are simply asking for me to copy line 13.a.1 into line 5. Surely this is a measure of my current income as of today. The instructions state you may include pay stubs or an employment letter as evidence but they do not really define "annual income" as being pre or post 401(k) contributions / bonuses / dividends / etc...

Gotcha - well, if you have enough, state your guaranteed earned income, pre-tax and pre-contribution. It will be tough to prove your current income of dividends, and there is no guarantee of bonus.

If you have a letter with "$50,000/year" in it, send that along with paystubs showing that the letter matches your gross income. Your paystubs will show pre/post tax and retirement contribution amounts, so everything should match up.

[benipals4 72]

Any luck with paying your IV fee yet?

I don't understand how some people can pay the AOS the same day and complete the DS-261 too and for some it takes a week? What kind of system does NVC have going on?