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

[Villanelle 4,122]

It will hold no weight. You need at least one year of tax returns as a self employed individual showing your income at or above the poverty level. You dont have that and wont have that until you file 2018 taxes in 2019. If you were employed at a company rather then being self employed then your current income could count, but you are not. You will need a co-sponsor for both the 134 and later the 864 to AOS after he gets here. 

[Jeanne Adil 1,651]

that is self employed and i am sure you have a business number

[payxibka 10,047]

12 minutes ago, adil-rafa said:

that is self employed and i am sure you have a business number

SSN can be used for this purpose

[geowrian 22,338]

To be a bit more specific, an independent contractor is a self-employed worker. At least that's how the IRS labels it. As such, any money you earn in the tax year is business revenue until you complete your annual federal income tax return and calculate your actual income (i.e. revenue - expenses and such).

So while many people consider an independent contractor as earning that income at the time, it's really not considered income yet.

[ellaff 0]

On 4/15/2018 at 9:29 AM, Damara said:

It will hold no weight. You need at least one year of tax returns as a self employed individual showing your income at or above the poverty level. You dont have that and wont have that until you file 2018 taxes in 2019. If you were employed at a company rather then being self employed then your current income could count, but you are not. You will need a co-sponsor for both the 134 and later the 864 to AOS after he gets here. 

Thank you for clearing this up for me. A co sponsor has become my priority. Are you aware, Does the cosponsor have to be directly related to me or my fiance? Or can anyone, meeting the requirements, sign as a cosponsor?

[javadown2 308]

On 4/13/2018 at 9:03 PM, 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!!

You do realize that it might be 4-6 months before he can work? "help him where I can" this isn't good because you are the sponsor and it is assumed that you will be able to support him during the process. If you can't show the needed income then you will need the co-sponsor. I doubt you need a lawyer, just try to show your most recent tax returns (when ever that was) and then ask your work for pay stubs for the past year. And yeah you are past do on the IRS return for this year? 

 

Him having a guaranteed job doesn't mean anything to help your current situation of passing the requirements of the K-1 visa process. 

[javadown2 308]

2 hours ago, ellaff said:

Thank you for clearing this up for me. A co sponsor has become my priority. Are you aware, Does the cosponsor have to be directly related to me or my fiance? Or can anyone, meeting the requirements, sign as a cosponsor?

As far as I can tell you can get a joint co-sponsor that doesn't need to be related. https://www.uscis.gov/greencard/affidavit-support

[geowrian 22,338]

For the I-134, the CO may or may not consider a co sponsor. COs at some countries are more likely to accept one than others, or to only accept them in some circumstances (such as a family member).

 

If this was for a true immigrant visa instead (i.e. CR-1), the CO is bound by law to consider a joint sponsor for the I-864. They do not have to be a close relative...just a USC or LPr with US domicile. It certainly can't compel them to reach a decision on the public charge concern, but knowing that it could be easily challenged is a pretty good incentive for them to actually comply with it.

Edited April 16, 2018 by geowrian