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Michael2017

Use of Assets

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Filed: F-2A Visa Country: Germany
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Hi,

 

1.  My wife is  will make enough in 2017 to meet the requirements, however, she was a student abroad in the past years with lower income,

and her income is only from self employment.

 

2. Therefore, I consider adding available cash assets in our joint US saving account.

 

My questions:

 

1. Will the AOS be rejected if we add additionally (and somehow against instructions of AOS form) assets although she actually meets the requirements

or will it bring additional confidence of the consular officer that there is no risk of a public charge?

 

2. It says totals of all "checking and savings" accounts. My wife has a lot of saving and checking accounts but only in 1 saving account is 95% of our money.

Can we just present statements of the one account and write that we have other accounts that have positive balance (so sum would be even higher),

or they want to see a "million" of statements from each and every checking and saving account she has in the US and abroad?

 

3. I read that they want to have statements of 12 months and make the average of it. This is not written like that in the instructions to the AOS.

Anyone has experience with that?

 

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Filed: Citizen (apr) Country: Australia
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If I were in your situation, I would opt for proving the income, since it's the most straightforward. Since 2017 is coming to a close, your wife will file taxes for 2017 soon, and by the time your interview comes around you'll have the most recent tax year being 2017, for which you will have an IRS 1040 transcript. To me, that would be the easiest way to demonstrate meeting the threshold.

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Filed: F-2A Visa Country: Germany
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35 minutes ago, Suudsu said:

If I were in your situation, I would opt for proving the income, since it's the most straightforward. Since 2017 is coming to a close, your wife will file taxes for 2017 soon, and by the time your interview comes around you'll have the most recent tax year being 2017, for which you will have an IRS 1040 transcript. To me, that would be the easiest way to demonstrate meeting the threshold.

Yes, makes full sense. My worries are her weak years 2016 and 2015 when she was a student. Her current income is from self employment which could be questioned in my opinion as of being stable. Those are my worries.

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Filed: Citizen (apr) Country: Australia
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Just now, Michael2017 said:

Yes, makes full sense. My worries are her weak years 2016 and 2015 when she was a student. Her current income is from self employment which could be questioned in my opinion as of being stable. Those are my worries.

I understand the worries. However the IRS statements are the best standard, especially given that she won't have pay stubs to prove her income.

 

Because your wife is self-employed, does she have more regular filing periods with the IRS? For example, quarterly filing? That might help prove her current income.

https://www.irs.gov/businesses/small-businesses-self-employed/self-employed-individuals-tax-center

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Filed: F-2A Visa Country: Germany
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4 minutes ago, Suudsu said:

I understand the worries. However the IRS statements are the best standard, especially given that she won't have pay stubs to prove her income.

 

Because your wife is self-employed, does she have more regular filing periods with the IRS? For example, quarterly filing? That might help prove her current income.

https://www.irs.gov/businesses/small-businesses-self-employed/self-employed-individuals-tax-center

Thanks. Well, it is her first year, and her tax obligation was 0 the last year 2016, so there is no requirements for quarterly payments.

We did pre-pay the tax we estimate for 2017 however as a matter of good will. 

 

For the next year she will need to make those quarterly payments by law, however, those are not returns. She simply figures out how much she will be making during the year, or 110% of the last year. Thus, presenting the pre-payment receipt from the IRS may assist her to convince the officer that her current income is projected to be at a certain level in 2018. 

 

I understand that we could simply make 2 different AOS ready for the interview. One with and one without the assets, and if the one without the assets gets questions, we have the second one ready prepared available?

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Filed: Citizen (apr) Country: Australia
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1 minute ago, Michael2017 said:

I understand that we could simply make 2 different AOS ready for the interview. One with and one without the assets, and if the one without the assets gets questions, we have the second one ready prepared available?

I don't know the answer to this one, I'm afraid. My interpretation is that they just want to see that your sponsor qualifies.

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Filed: Lift. Cond. (apr) Country: China
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Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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