Income Requirements Help

[zepplin2011 0]

I need a bit of help understanding the income thing. So we are about to send off the k1 since we decided to go with that and are getting the income thing in order.

1.My fiance has a son from a previous relationship and she will leave him behind for a few months until we get a new place here and settle. So, when they consider my income, will it be 125% poverty level for three people or two? I have no dependents here or anything.

2. I understand that they consider current and future right? I ask because if i submit my most recent tax return (if we apply for k1 soon, she will have interview in 2017 so they will want 2016 tax return) for 2016, i am not sure it will meet the 125% for THREE people because this past summer (may and june) i was living in another city and earning mostly cash BUT i can show deposits (square and cash) as well as independent contractor agreement. So i guess i can prove two months of being an independent contractor. So would i just submit this with tax return?

3. If i dont make enough for all three of us, how much money would i need in the bank? Me and my fiance have both been able to save together about 22k. If i show them I have 22k in the bank, will they consider this?

4. I currently earn about $550-625 weekly. This seems like enough for even all three right? Its steady income, been with same employer for 10.5 years minus the two months doing independent contractor work.

5. My employer can provide me with a statement telling how long iv been employed (10.5 years) and how much I earn. Will this help us? Is there anything they can do do help?

6. when considering income requirements, are we talking BEFORE taxes or actual take home AFTER?

Sheesh sorry for all the questions. We just getting a bit stressed now!

Edited September 29, 2016 by zepplin2011

[mrskent 11]

I would plan for the 3 of you and tax documents are what they are looking for, three years of W2s or assets you may have.

My husband was on the 'edge' of almost meeting the 125% he did in 2014 and 2015 but not in 2013 and even 2015 was cutting it close.

To be safe, we got not only ONE but two joint sponsors. This just alleviates the worry from people processing your case.

We won't be using the joint sponsors, but it was just to assure them that I wouldn't be a burden on the US system.

If possible, get your 3 years of W2s in order and a joint sponsor who certainly meets the 125%

[zepplin2011 0]

ok thank you very much. That puts me at ease a bit more.

I keep seeing conflicting information about this! Some say they may not even look previous tax returns, just the last one and then the current income. All my previous tax returns are perfectly fine. Just this year may be a bit off.

Do you know if they go by gross or net income?

[KayDeeCee 4,893]

It is gross, and most consulates only need you to submit the most recent year, but you can show more if needed to establish you have ongoing, stable income. And it is not about future income. It is about current annual income. You can project current annual income by taking hourly rate and multiplying it by hours worked per week, then the weekly income by 52 weeks. You show proof of that current annual income with a letter from employer and/or recent pay stubs.

If you are self-employed though, they will look at line 22 of your most recent 1040, which is Total Income.

The foreign fiance(e)'s child is not yet your dependent, but if the child will be following to join, then they will be listed on the I-134 where it asks.

You will need to fill out the more strict, detail oriented I-864 later, after you are married and filing for AOS for the new foreign spouse and child, after they arrive. Read through the I-864 instructions. They will let you know what is needed for both. If you do not have enough income for your household size, then you can use assets, which are calculated at 3 times the amount you are short on income, or get a joint sponsor.

Some consulates are more strict about the financials than others. Research yours.

[zepplin2011 0]

thank you so much.

do i need to use w2 or can my tax returns themselves be used?

It is gross, and most consulates only need you to submit the most recent year, but you can show more if needed to establish you have ongoing, stable income. And it is not about future income. It is about current annual income. You can project current annual income by taking hourly rate and multiplying it by hours worked per week, then the weekly income by 52 weeks. You show proof of that current annual income with a letter from employer and/or recent pay stubs.

If you are self-employed though, they will look at line 22 of your most recent 1040, which is Total Income.

The foreign fiance(e)'s child is not yet your dependent, but if the child will be following to join, then they will be listed on the I-134 where it asks.

You will need to fill out the more strict, detail oriented I-864 later, after you are married and filing for AOS for the new foreign spouse and child, after they arrive. Read through the I-864 instructions. They will let you know what is needed for both. If you do not have enough income for your household size, then you can use assets, which are calculated at 3 times the amount you are short on income, or get a joint sponsor.

Some consulates are more strict about the financials than others. Research yours.

[mrskent 11]

thank you so much.

do i need to use w2 or can my tax returns themselves be used?

From my experience, I used the 1044s with my application, but then NVC asked I bring the copies of W2s and original AOS with me to the interview.

So I brought everything and anything, even social security (my co-sponsors are retired and are using social security for example)

[soulstriker 274]

2016 tax returns will be current after april 2017 , anyone getting interview before then will have 2015 tax return as the current

[zepplin2011 0]

as far as co sponsor, even if i meet the 125% guidelines, can i still have a sponsor "just in case"? My brother earns really well and i wanted to have him be my sponsor just in case. Can he just fill out the i-134 and attach his income tax?

[mrskent 11]

Absolutely! You can get as many co-sponsors even if you make enough!

I was the beneficiary and had 5 years above the yearly amount required, and my husband makes over 125%

BUT, I just wanted to make sure nothing could screw my chances of being with my husband in America, so I got TWO co-sponsors ha ha.

[zepplin2011 0]

oh great. That should help us feel a little more confident.

so would he just fill out the i-134 as well?

Absolutely! You can get as many co-sponsors even if you make enough!

I was the beneficiary and had 5 years above the yearly amount required, and my husband makes over 125%

BUT, I just wanted to make sure nothing could screw my chances of being with my husband in America, so I got TWO co-sponsors ha ha.

[thepriz 0]

I guess it depends on the consulate, because my friend makes more than enough money for the two of them with no children. He submitted 3 years of tax transcripts which for the 2013 and 2014 year he was over the 125% needed. He spent 11 months with his fiancee and didn't have the income required on his 2015 tax return (part of that 11 months was in 2014). He has worked all this year and has submitted resent pay stubs that show he is already over the 125% for this year. He submitted a letter from the company that he has worked at for the last 9 years that stated how much he was making and the number of hours he was working. Every two weeks he started to send them an updated pay stub. They called his fiancee and stated that they know he makes enough but they just want a w2 for proof. So he is either stuck with getting a sponsor or waiting till January when his 2016 W2 comes in.

[KayDeeCee 4,893]

Absolutely! You can get as many co-sponsors even if you make enough!

I was the beneficiary and had 5 years above the yearly amount required, and my husband makes over 125%

BUT, I just wanted to make sure nothing could screw my chances of being with my husband in America, so I got TWO co-sponsors ha ha.

You can only have one co-sponsor for the K-1 visa, and usually only one joint sponsor with the I-864. The I-864 has exceptions, but not when there is only one immigrant.

oh great. That should help us feel a little more confident.

so would he just fill out the i-134 as well?

Yes, you can have the co-sponsor lined up just in case. They fill out their own I-134 and provide same supporting documentation as the USC petitioner/sponsor. They should also provide proof of being a USC or LPR, just in case your consulate wants to see that too.

As for taxes, you will use either a complete copy of your return with all forms, schedules, W-2s and/or 1099s, or an IRS transcript.

[mrskent 11]

You can only have one co-sponsor for the K-1 visa, and usually only one joint sponsor with the I-864. The I-864 has exceptions, but not when there is only one immigrant.

Yes, you can have the co-sponsor lined up just in case. They fill out their own I-134 and provide same supporting documentation as the USC petitioner/sponsor. They should also provide proof of being a USC or LPR, just in case your consulate wants to see that too.

As for taxes, you will use either a complete copy of your return with all forms, schedules, W-2s and/or 1099s, or an IRS transcript.

Oh sorry I didn't not know that! I did the CR-1 application and I had my husband (petitioner) and then 2 co-sponsors - even though I didn't require any financial help.

[KayDeeCee 4,893]

Oh sorry I didn't not know that! I did the CR-1 application and I had my husband (petitioner) and then 2 co-sponsors - even though I didn't require any financial help.

If it was just you being sponsored, then they would have only accepted one joint sponsor if you had needed one. You cannot have more than one joint sponsor for only one intending immigrant. If there are two or more intending immigrants being sponsored at the same time, then you can have no more than 2 joint sponsors.