AOS - current year income vs. latest tax year filed

[generic_user25 0]

We have an upcoming k1 interview, still trying to find a co-sponsor to fill out an I-134.. and I realized something that gave me some hope that I could do it without a co-sponsor. I've contacted the lawyer I have been using, but in the meantime was hoping for some feedback from the forum.

So right now its June of 07. Last year in 06 -- my most recent tax year filed -- I lived off my savings for nearly the entire year and only earned 5k from earnings in January. That puts me way below the poverty level, requiring me to get a co-sponsor.

This year I'm living off my recently cashed out 401k. In Jan of this year (07) I took a 401k distribution of 35k, 8k of which was held back for federal taxes, and 27k sent to me in the form of a check (which I deposited). That is income, right?

Since I have no dependents, that puts me way above the poverty level for 07, which in my case is approx 16k per year.

In theory, 2007 income should actually be more relevant than 2006 income, because its more recent. Will they accept this 2007 income? Or will they only accept the last year's filed tax return, which would be 06? Can I file taxes early for 2007 somehow in order to make it the most recently filed tax return?

Anyone here familiar enough with the laws to give me some feedback? Or anyone had a similar experience? (positive or negative). I realize that it boils down to a 'judgement call' by the consular officer, which is a bit frustrating.

[Yodrak 7]

generic_user,

Cashing out your 401k is income, but it is not sustainable income. How are you going to live and support your alien fiancee next year, when the 401k money is gone?

Income must be both adequate and reasonably sustainable.

Yodrak

We have an upcoming k1 interview, still trying to find a co-sponsor to fill out an I-134.. and I realized something that gave me some hope that I could do it without a co-sponsor. I've contacted the lawyer I have been using, but in the meantime was hoping for some feedback from the forum.

So right now its June of 07. Last year in 06 -- my most recent tax year filed -- I lived off my savings for nearly the entire year and only earned 5k from earnings in January. That puts me way below the poverty level, requiring me to get a co-sponsor.

This year I'm living off my recently cashed out 401k. In Jan of this year (07) I took a 401k distribution of 35k, 8k of which was held back for federal taxes, and 27k sent to me in the form of a check (which I deposited). That is income, right?

Since I have no dependents, that puts me way above the poverty level for 07, which in my case is approx 16k per year.

In theory, 2007 income should actually be more relevant than 2006 income, because its more recent. Will they accept this 2007 income? Or will they only accept the last year's filed tax return, which would be 06? Can I file taxes early for 2007 somehow in order to make it the most recently filed tax return?

Anyone here familiar enough with the laws to give me some feedback? Or anyone had a similar experience? (positive or negative). I realize that it boils down to a 'judgement call' by the consular officer, which is a bit frustrating.

[generic_user25 0]

Well when I return to the US in Sept I'm going to get a high paying job. I'll have enough savings cusion that I could support the both of us for approx 3-5 months during a job search. However, since I'm in the field of IT with a solid resume, I'm expecting to get a job within a few weeks. But how can I convince them of that fact? Will they most likely demand a written offer of employment?

Thanks Yodrak for your helpful feedback.

generic_user,

Cashing out your 401k is income, but it is not sustainable income. How are you going to live and support your alien fiancee next year, when the 401k money is gone?

Income must be both adequate and reasonably sustainable.

Yodrak

We have an upcoming k1 interview, still trying to find a co-sponsor to fill out an I-134.. and I realized something that gave me some hope that I could do it without a co-sponsor. I've contacted the lawyer I have been using, but in the meantime was hoping for some feedback from the forum.

So right now its June of 07. Last year in 06 -- my most recent tax year filed -- I lived off my savings for nearly the entire year and only earned 5k from earnings in January. That puts me way below the poverty level, requiring me to get a co-sponsor.

This year I'm living off my recently cashed out 401k. In Jan of this year (07) I took a 401k distribution of 35k, 8k of which was held back for federal taxes, and 27k sent to me in the form of a check (which I deposited). That is income, right?

Since I have no dependents, that puts me way above the poverty level for 07, which in my case is approx 16k per year.

In theory, 2007 income should actually be more relevant than 2006 income, because its more recent. Will they accept this 2007 income? Or will they only accept the last year's filed tax return, which would be 06? Can I file taxes early for 2007 somehow in order to make it the most recently filed tax return?

Anyone here familiar enough with the laws to give me some feedback? Or anyone had a similar experience? (positive or negative). I realize that it boils down to a 'judgement call' by the consular officer, which is a bit frustrating.

[Yodrak 7]

generic_user,

They may accept a strongly worded offer of employment, but you should plan on them wanting you to be in a job.

IT can be a fast moving field, you will have been out of work for almost 2 years? Immigration requires a bird in the hand, birds in the bush have a way of flying off.

Yodrak

Well when I return to the US in Sept I'm going to get a high paying job. I'll have enough savings cusion that I could support the both of us for approx 3-5 months during a job search. However, since I'm in the field of IT with a solid resume, I'm expecting to get a job within a few weeks. But how can I convince them of that fact? Will they most likely demand a written offer of employment?

.....

[generic_user25 0]

Not out of work, just not getting monetarily compensated for all of the work I've been doing (eg, 'open source' programming projects). But you make a good point, you have to stay on the ball in this industry otherwise your skills can go out of date pretty quickly.

The bottom line is it comes down to a crossover between my potential and my intentions. I know, given an opportunity, I could convince them of my potential. Convincing them of my intentions is a lot harder, because there really are a lot of people with good skills and potential, but who choose to just be bums for whatever reason. And I'm not convinced I'd be given much of an opportunity to convince them of either. I can imagine some cranky lady behind a window saying "No Job, No Visa. Period!".

Overall though, trying to fly solo goes against the principle of taking the path of least resistence. So, I'm giving up and taking the co-sponsor route. Actually I decided that a while ago, but the 401k income gave me a final last hope. Seems all but irrelevant in their eyes. Whatever, I gotta play by their rules.

Thanks Yodrak for your really insightful feedback! You are a superstar.

generic_user,

They may accept a strongly worded offer of employment, but you should plan on them wanting you to be in a job.

IT can be a fast moving field, you will have been out of work for almost 2 years? Immigration requires a bird in the hand, birds in the bush have a way of flying off.

Yodrak

Well when I return to the US in Sept I'm going to get a high paying job. I'll have enough savings cusion that I could support the both of us for approx 3-5 months during a job search. However, since I'm in the field of IT with a solid resume, I'm expecting to get a job within a few weeks. But how can I convince them of that fact? Will they most likely demand a written offer of employment?

.....

[Yodrak 7]

generic_user,

Potential and intentions don't pay the bills, no matter how good they may be. Paying the bills takes money, so you are correct - no money no visa.

Yodrak

....

The bottom line is it comes down to a crossover between my potential and my intentions. I know, given an opportunity, I could convince them of my potential. Convincing them of my intentions is a lot harder, because there really are a lot of people with good skills and potential, but who choose to just be bums for whatever reason. And I'm not convinced I'd be given much of an opportunity to convince them of either. I can imagine some cranky lady behind a window saying "No Job, No Visa. Period!".

.....

[generic_user25 0]

We got approved!

They told me they were still accepting 2005 income, and that I could get approved on my own. I gave them my co-sponsor paperwork anyway.

generic_user,

Potential and intentions don't pay the bills, no matter how good they may be. Paying the bills takes money, so you are correct - no money no visa.

Yodrak

....

The bottom line is it comes down to a crossover between my potential and my intentions. I know, given an opportunity, I could convince them of my potential. Convincing them of my intentions is a lot harder, because there really are a lot of people with good skills and potential, but who choose to just be bums for whatever reason. And I'm not convinced I'd be given much of an opportunity to convince them of either. I can imagine some cranky lady behind a window saying "No Job, No Visa. Period!".

.....

[Yodrak 7]

generic_user,

Congratulations. You took a big gamble, I think, and although it worked out for you I wouldn't recommend that others expect the same result.

Part of the reason why you were successful may be that the consular officer realizes that you will soon be required to sponsor your immigrant wife with an I-864 affidavit of support, and that will be a tougher hurdle to overcome. But if you do get the kind of job that you are expecting to that may work out for you also.

Yodrak

We got approved!

They told me they were still accepting 2005 income, and that I could get approved on my own. I gave them my co-sponsor paperwork anyway.

generic_user,

Potential and intentions don't pay the bills, no matter how good they may be. Paying the bills takes money, so you are correct - no money no visa.

Yodrak

....

The bottom line is it comes down to a crossover between my potential and my intentions. I know, given an opportunity, I could convince them of my potential. Convincing them of my intentions is a lot harder, because there really are a lot of people with good skills and potential, but who choose to just be bums for whatever reason. And I'm not convinced I'd be given much of an opportunity to convince them of either. I can imagine some cranky lady behind a window saying "No Job, No Visa. Period!".

.....