No Tax records, young Independent contractor concerned about Form i-134

[ellaff 0]

Hi All,

 

My name is Ella, and I filed a petition for my fiance and beneficiary, Calvin, on the 5th of November in 2017. We received our NOA1 on 11/14/17. We have since been eagerly awaiting our NOA2. I am concerned about the Form I-134. Whether i have enough information, and whether it is a necessity or not. 

 

Some background, I moved to the states on July 2 2017. Landed July 3rd. I was previously living in South Africa which is where Calvin and I met and began our relationship. A Few months after I arrived, we decided to begin the K1 process. During this time, I have been working as an independent contractor (by taxation terms), earning only commission on the money I earn through a business that sponsors me. 9 months in, business has been picking up, however, I have still barely made a dent in the economy. I intend to file for a tax extension for more time to gather the information i need, but i wonder how that will influence the case.

 

When filing the affidavit of support, we are expected to state annual income, attach tax returns and all the rest. I have not yet been here for a full calendar or fiscal year. Due to earning commission, i have no fixed annual amount. These two factors combined, i dont have enough information or documentation for this.

 

Similarly, Calvin has a guaranteed source of income and employment here in Cedar Rapids once he arrives. We are also aware of the requirements of a work permit. Calvin has also generated a healthy amount of funds to pay for the travel expenses and support himself until he begins working. If there is a delay, I, naturally, would help him where i can.

 

So the questions are:

 

Is in mandatory to file a form I-134?

If so, how will the above mentioned circumstances affect our chances?

What would be the ideal way to approach this?

 

Any input will be greatly appreciated. We have been doing this independent from lawyers and preparers i guess i finally hit a wall with this one. 

 

Thank you thank you!!

[EandH0904 1,184]

4 hours ago, ellaff said:

 

 

Is in mandatory to file a form I-134?

If so, how will the above mentioned circumstances affect our chances?

What would be the ideal way to approach this?

Yes, it's mandatory 

If you do not make enough money to support your fiance, you will need to find a co-sponsor who meets the financial requirements. Your fiances earning potential is irrelevant, how much money he made at his job in South Africa is too. If him working quickly was a big concern, a CR1 may have been a better visa - no extra expense to adjust status and he could have worked right away instead of sitting around 4-6 months waiting for approval. 

 

You will need to be up to date on your US tax obligations while you were living overseas as well, but it looks like a co-sponsor is your only choice here. 

[Chris Duffy 1,257]

5 hours ago, ellaff said:

Hi All,

 

My name is Ella, and I filed a petition for my fiance and beneficiary, Calvin, on the 5th of November in 2017. We received our NOA1 on 11/14/17. We have since been eagerly awaiting our NOA2. I am concerned about the Form I-134. Whether i have enough information, and whether it is a necessity or not. 

 

Some background, I moved to the states on July 2 2017. Landed July 3rd. I was previously living in South Africa which is where Calvin and I met and began our relationship. A Few months after I arrived, we decided to begin the K1 process. During this time, I have been working as an independent contractor (by taxation terms), earning only commission on the money I earn through a business that sponsors me. 9 months in, business has been picking up, however, I have still barely made a dent in the economy. I intend to file for a tax extension for more time to gather the information i need, but i wonder how that will influence the case.

 

When filing the affidavit of support, we are expected to state annual income, attach tax returns and all the rest. I have not yet been here for a full calendar or fiscal year. Due to earning commission, i have no fixed annual amount. These two factors combined, i dont have enough information or documentation for this.

 

Similarly, Calvin has a guaranteed source of income and employment here in Cedar Rapids once he arrives. We are also aware of the requirements of a work permit. Calvin has also generated a healthy amount of funds to pay for the travel expenses and support himself until he begins working. If there is a delay, I, naturally, would help him where i can.

 

So the questions are:

 

Is in mandatory to file a form I-134?

If so, how will the above mentioned circumstances affect our chances?

What would be the ideal way to approach this?

 

Any input will be greatly appreciated. We have been doing this independent from lawyers and preparers i guess i finally hit a wall with this one. 

 

Thank you thank you!!

I -134 is not mandatory.  It is a non legal binding documents, and some CO have told applicants it was never really ever needed.

 

It is dependent upon the country where the interview is taking place.   Confirm if I-134 is needed at your embassy/consulate before getting worked up about it.

[britishandusa 446]

6 hours ago, ellaff said:

Hi All,

 

My name is Ella, and I filed a petition for my fiance and beneficiary, Calvin, on the 5th of November in 2017. We received our NOA1 on 11/14/17. We have since been eagerly awaiting our NOA2. I am concerned about the Form I-134. Whether i have enough information, and whether it is a necessity or not. 

 

Some background, I moved to the states on July 2 2017. Landed July 3rd. I was previously living in South Africa which is where Calvin and I met and began our relationship. A Few months after I arrived, we decided to begin the K1 process. During this time, I have been working as an independent contractor (by taxation terms), earning only commission on the money I earn through a business that sponsors me. 9 months in, business has been picking up, however, I have still barely made a dent in the economy. I intend to file for a tax extension for more time to gather the information i need, but i wonder how that will influence the case.

 

When filing the affidavit of support, we are expected to state annual income, attach tax returns and all the rest. I have not yet been here for a full calendar or fiscal year. Due to earning commission, i have no fixed annual amount. These two factors combined, i dont have enough information or documentation for this.

 

Similarly, Calvin has a guaranteed source of income and employment here in Cedar Rapids once he arrives. We are also aware of the requirements of a work permit. Calvin has also generated a healthy amount of funds to pay for the travel expenses and support himself until he begins working. If there is a delay, I, naturally, would help him where i can.

 

So the questions are:

 

Is in mandatory to file a form I-134?

If so, how will the above mentioned circumstances affect our chances?

What would be the ideal way to approach this?

 

Any input will be greatly appreciated. We have been doing this independent from lawyers and preparers i guess i finally hit a wall with this one. 

 

Thank you thank you!!

Sorry if I read this wrong but are you even a USC or a LPR? I saw that you said you were sponsored by your employer.

 

Secondly, although it is non-binding, you will need it anyways. Always come to the embassy with all the documents required regardless or not on whether it will be asked.

 

Even if I-134 isn’t binding, you will need to make 125% above the poverty line for AOS and that is REQUIRED and BINDING. 

 

In short, I’d find yourself a Co-sponsor to save you in the long run.

[ellaff 0]

5 hours ago, britishandusa said:

Sorry if I read this wrong but are you even a USC or a LPR? I saw that you said you were sponsored by your employer.

 

Secondly, although it is non-binding, you will need it anyways. Always come to the embassy with all the documents required regardless or not on whether it will be asked.

 

Even if I-134 isn’t binding, you will need to make 125% above the poverty line for AOS and that is REQUIRED and BINDING. 

 

In short, I’d find yourself a Co-sponsor to save you in the long run.

Thank you for your input! I should have mentioned in the original post that i am a USC with USC certificate of birth abroad. I have never lived in the states until recntly, but i have always been a citizen. I will definitely use a co-sponsor. 

6 hours ago, Chris Duffy said:

I -134 is not mandatory.  It is a non legal binding documents, and some CO have told applicants it was never really ever needed.

 

It is dependent upon the country where the interview is taking place.   Confirm if I-134 is needed at your embassy/consulate before getting worked up about it.

Thank you for this info. I will look into the requirements at the Johannesburg embassy.

[ellaff 0]

7 hours ago, EandH0904 said:

Yes, it's mandatory 

If you do not make enough money to support your fiance, you will need to find a co-sponsor who meets the financial requirements. Your fiances earning potential is irrelevant, how much money he made at his job in South Africa is too. If him working quickly was a big concern, a CR1 may have been a better visa - no extra expense to adjust status and he could have worked right away instead of sitting around 4-6 months waiting for approval. 

 

You will need to be up to date on your US tax obligations while you were living overseas as well, but it looks like a co-sponsor is your only choice here. 

Thank you for the response. My confusion lies in my tax obligations. I was born overseas as a US citizen, but never lived in the states until 9 months ago. I will definitely look into the CR-1. this has been very helpful.

[EandH0904 1,184]

11 minutes ago, ellaff said:

Thank you for the response. My confusion lies in my tax obligations. I was born overseas as a US citizen, but never lived in the states until 9 months ago. I will definitely look into the CR-1. this has been very helpful.

I'm not the best to answer tax queations. I'm sure it's likely dependent on income you made when you were living overseas. I would talk to a qualified tax professional. 

 

To do a CR1 you would have to withdraw your k1, get married, file cr1 and wait for that comoletion, averaging 12-14 months. Depending where you are at in your k1 process, finding a sponsor may be easier. 

[Villanelle 4,122]

29 minutes ago, ellaff said:

Thank you for the response. My confusion lies in my tax obligations. I was born overseas as a US citizen, but never lived in the states until 9 months ago. I will definitely look into the CR-1. this has been very helpful.

You probably didnt know this but all USCs have to file US taxes- even if they dont live in the US. 

 

You have a choice to make. Either stay with the K path or switch to the CR path. As others have stated there are advantages and disadvantages to each. Check out the guide section on here. If you stay with the K visa you will probably need the 134. (im not 100% but I dont recall it being not needed in your area). Since you are self employed and do not have 1 year of tax returns showing such you will not qualify as a sponsor. You should be able to find a co-sponsor. In some areas co-sponsors are not allowed for the 134- but once again I dont believe thats the policy in your area. So you "should" be fine with getting a cosponsor for the 134. No one can guarantee anything. Later on you will need to fill out the 864 and for that you are 100% allowed co-sponsors. You will probably need one for that because of your lack of income proof/history.

 

So going the CR route seems better for you guys. He can work right away and you dont have the doubts about the 134. You will need to back file your taxes which ever path you take. 

[geowrian 22,338]

An I-134 is not strictly required by law, but COs at many consulates will request it. Notable exceptions off the top of my head are that Manila often does not do so, and London allows the beneficiary to self-sponsor. I'm not familiar enough with SA to say something with certainty, but I'm not aware of it being an exception to the rule. I would presume they will want to see an I-134 + all supporting evidence to back up the claimed income/assets.

 

You will need to provide evidence to support your level of income. As an independent contractor and earning commissions, tax returns would be the primary source they will look at to determine your income level.

Your fiance's expected future job / employability / earning power likely will not be sufficient to address the the public charge concern.

You can use certain assets to supplement income. Technically this is at a 5x level for a fiance, but generally they go by the 3x rate used for a spouse. You can also include the beneficairy's assets.

 

You may want to look at finding a co sponsor for the I-134. And getting your back taxes in order (you may not owe anything, but they should still be filed).

 

And yes, the CR-1 may be a better path overall. It's worth a thought at least.

[CEE53147 559]

1 hour ago, ellaff said:

Thank you for the response. My confusion lies in my tax obligations. I was born overseas as a US citizen, but never lived in the states until 9 months ago. I will definitely look into the CR-1. this has been very helpful.

As a USC you were obligate to file tax returns even if no tax is due because of the foreign income exclusion.

 

Use an international tax consultant/preparer since many of the storefront variety are not familiar with international tax issues.

Edited April 14, 2018 by CEE53147

[Jeanne Adil 1,651]

As independent contractor (self employed) our obligations are to file quarterly estimated tax forms for what you think will be your federal, state,  medicare and SS tax withhouldings 

 

As a self-employed individual, generally you are required to file an annual return and pay estimated tax quarterly. Self-employed individuals generally must pay self-employment tax (SE tax) as well as income tax. ... You usually can deduct your loss from gross income on page 1 of Form 1040.Dec 14, 201

 

if these are not paid quarterly the IRS can fine you on your tax returns 

[ellaff 0]

Many Thanks to everyone who responded in this topic. All this information has been very helpful. I have since got my taxes in order and have that documentation to provide my fiance for the interview. I have also done further research into the alternative visa's and decided to keep going with the K1 visa. I do believe that I earn above 125% of the federal poverty guideline, however, i cannot prove it as a fact as i have not yet completed a calendar year. My calculated gross annual income filed for 2017 is lower than can be estimated for 2018. But these are still only estimates based on 5 months in 2017 and 4 months in 2018. 

 

I am likely to use my cosponsor to be absolutely certain requirements are met. 

Would proof of my income in 2018 and an estimated (prospective) gross annual income hold any weight? 

 

Further clarification, I was uncertain as to how taxes worked because it is still a new concept to me. Although i began my career 4 years ago and have since been progressing, I only got done with high school 2 years ago. (No, i wasn't held back, nor did i drop out or miss any years). I was still in my 18th year when i moved here and had never been faced with US taxation until that point. 

Truthfully... i couldn't tell you the first thing about SA taxation. But i do believe i have gripped the situation! A large amount of credit going to all who responded!

 

And my final point to be clarified. I was incorrect in using the term "sponsor" when referring to the business that hires me as an independent contractor.

 

Once more.. i question how much weight my proof of income for 4 months of 2018 and 5 months of 2017 will have for our case.

 

Thanks again!

[Chris Duffy 1,257]

10 hours ago, adil-rafa said:

As independent contractor (self employed) our obligations are to file quarterly estimated tax forms for what you think will be your federal, state,  medicare and SS tax withhouldings 

 

As a self-employed individual, generally you are required to file an annual return and pay estimated tax quarterly. Self-employed individuals generally must pay self-employment tax (SE tax) as well as income tax. ... You usually can deduct your loss from gross income on page 1 of Form 1040.Dec 14, 201

 

if these are not paid quarterly the IRS can fine you on your tax returns 

I have been self-employed going on 20 years now, I have never paid quarterly and never had an issue.

[Jeanne Adil 1,651]

2 hours ago, Chris Duffy said:

I have been self-employed going on 20 years now, I have never paid quarterly and never had an issue.

you are lucky and look out to be asked at some point to do  this

we paid quaterly estimated taxes every year we did consutation work

look at IRS site as this is a requirement

look at the multiple packets that are sent by government when you got your business tax number as the rules and info are in there

[Chris Duffy 1,257]

16 minutes ago, adil-rafa said:

you are lucky and look out to be asked at some point to do  this

we paid quaterly estimated taxes every year we did consutation work

look at IRS site as this is a requirement

look at the multiple packets that are sent by government when you got your business tax number as the rules and info are in there

I am DBA as sole proprietorship