income requirement problem

[AnjRngvlla 2]

Hi everyone! Me and my fiancé are planning to process a k1 visa. The only problem is, his recent W2 form didnt reached the income requirement because he didnt declare all the tips he's getting. Some people say that current paystub will do. But my questions are:

1)how a current paystub can help?

2)is there a specific amount that should be in the paystub for it to be helpful?

 

BTW, im from the Philippines so as far as I know the US Embassy in Manila does NOT accept a co-sponsor.

Edited February 27, 2018 by AnjRngvlla

[Ben&Zian 4,398]

4 minutes ago, AnjRngvlla said:

Hi everyone! Me and my fiancé are planning to process a k1 visa. The only problem is, his recent W2 form didnt reached the income requirement because he didnt declare all the tips he's getting. Some people say that current paystub will do. But my questions are:

1)how a current paystub can help?

2)is there a specific amount that should be in the paystub for it to be helpful?

 

BTW, im from the Philippines so as far as I know the US Embassy in Manila does NOT accept a co-sponsor.

 

Not sure how a paystub will help when that is, over the year time frame, used to form the W2.... tips are "under the table" or not taxed generally so he would have to amend taxes to declare them and pay on them... so, after paying taxes on them he still may not meet the requirements... that's my best understanding of how the tips work anyways... 

How far under the minimum is he? Again when you get to the US you have to do AOS (another $1225 cost) and then make 125%... the I-134 is only 100%....

[AnjRngvlla 2]

1 minute ago, Ben&Zian said:

 

Not sure how a paystub will help when that is, over the year time frame, used to form the W2.... tips are "under the table" or not taxed generally so he would have to amend taxes to declare them and pay on them... so, after paying taxes on them he still may not meet the requirements... that's my best understanding of how the tips work anyways... 

How far under the minimum is he? Again when you get to the US you have to do AOS (another $1225 cost) and then make 125%... the I-134 is only 100%....

He's $2000 under. In his job, what ever amount of tips they're declairing, it will be added on their year-to-date or year-to-end. But it will be taxed if they will. So he's actually started writing down his right tips to show that he's really earning enough. What we are thinking, we will just wait for his year-to-date in his paystub to reach the $16,240 income requirement before he start the process. But it take 6-8 more months from now. The long wait is killing us.

[Boiler 45,902]

When I processed tips they were added into your pay check, most are of course now Credit Card cash was declared weekly by the employee.

[geowrian 22,338]

If you are going to count on tips to meet the income requirements - and this is not included in the pay stubs - you should have it declared on the tax returns or else there's no evidence of actually having earned the income.

 

He doesn't need to provide the I-134 until later in the process, so you can start the process sooner. You don't need to meet the income requirements at the time of filing the petition. That said, I would suggest looking at a second / part time job to supplement his existing income. It'll come in handy for AOS later anyway.

 

Income guidelines: https://www.uscis.gov/system/files_force/files/form/i-864p.pdf

[AnjRngvlla 2]

8 hours ago, geowrian said:

If you are going to count on tips to meet the income requirements - and this is not included in the pay stubs - you should have it declared on the tax returns or else there's no evidence of actually having earned the income.

 

He doesn't need to provide the I-134 until later in the process, so you can start the process sooner. You don't need to meet the income requirements at the time of filing the petition. That said, I would suggest looking at a second / part time job to supplement his existing income. It'll come in handy for AOS later anyway.

 

Income guidelines: https://www.uscis.gov/system/files_force/files/form/i-864p.pdf

Yeah you're right. Thank you for the info.