Tax returns for the last year are too low because of studying abroad. (merged topics)

[willygoeswrong 5]

Hi! So, my fiance was studying abroad for two years, and during these past two years he was only working for 4 months per year, so as you can imagine the tax return for the last year is too low. We do have enough money on the bank acc to cover up the difference, and also he does have a stable job now, and if hw works there for a whole year, the amount in tax returns will be more than enough.We were also planning to include tax returns for the past 3 years, to show that the income was stable and that it will grow in the perspective, also add a letter with the explanation about this whole tax returns situation. Do we have to worry about possibly being denied on this matter? 
Aaaand no, we couldn't get a co-sponsor. 

[Greenbaum 12,259]

2 hours ago, willygoeswrong said:

Hi! So, my fiancé was studying abroad for two years, and during these past two years he was only working for 4 months per year, so as you can imagine the tax return for the last year is too low. We do have enough money on the bank acc to cover up the difference, and also he does have a stable job now, and if how works there for a whole year, the amount in tax returns will be more than enough. We were also planning to include tax returns for the past 3 years, to show that the income was stable and that it will grow in the perspective, also add a letter with the explanation about this whole tax returns situation. Do we have to worry about possibly being denied on this matter? 
And no, we couldn't get a co-sponsor. 

Future income cannot be used to support you now. Neither can past income. They will care about current income first. At the time you present the I-134, it needs to show the petitioner's current income...that is how much they are earning at that time. The past income may be considered for the public charge piece as well, but current income is what is required.

 

If your current income meets the threshold for income required, then you should be fine. Bank savings would need to be 3:1 ratio for it to be considered. A letter from the employer stating the position and the income earnings for the current year is evidence that would go a long way. 

[Crazy Cat 41,288]

5 hours ago, willygoeswrong said:

Hi! So, my fiance was studying abroad for two years, and during these past two years he was only working for 4 months per year, so as you can imagine the tax return for the last year is too low. We do have enough money on the bank acc to cover up the difference, and also he does have a stable job now, and if hw works there for a whole year, the amount in tax returns will be more than enough.We were also planning to include tax returns for the past 3 years, to show that the income was stable and that it will grow in the perspective, also add a letter with the explanation about this whole tax returns situation. Do we have to worry about possibly being denied on this matter? 
Aaaand no, we couldn't get a co-sponsor. 

As stated above, Current income is king.  Past tax filing is used to determine financial stability.  Current annual income can be calculated as follows:

 

Current weekly income x 52 = Current Annual Income

Current Monthly income x 12 = Current Annual Income

Current Pay Period Income x Number of Pay Periods Per Year = Current Annual Income

 

 

[JFH 12,189]

*~*~*procedural question moved from “progress reports” to “process and procedures”*~*~*

[willygoeswrong 5]

20 hours ago, Greenbaum said:

Future income cannot be used to support you now. Neither can past income. They will care about current income first. At the time you present the I-134, it needs to show the petitioner's current income...that is how much they are earning at that time. The past income may be considered for the public charge piece as well, but current income is what is required.

 

If your current income meets the threshold for income required, then you should be fine. Bank savings would need to be 3:1 ratio for it to be considered. A letter from the employer stating the position and the income earnings for the current year is evidence that would go a long way. 

 

17 hours ago, Lucky Cat said:

As stated above, Current income is king.  Past tax filing is used to determine financial stability.  Current annual income can be calculated as follows:

 

Current weekly income x 52 = Current Annual Income

Current Monthly income x 12 = Current Annual Income

Current Pay Period Income x Number of Pay Periods Per Year = Current Annual Income

 

 

Okay! We already did the I-134, the salary if multiplied by 12 looks far above the threshold! I just didn’t realize that the financial income requirements mostly based on the form, not the tax returns. 

Thank you very much guys, it was really helpful, now I am not really anxious about this problem 

[Greenbaum 12,259]

3 hours ago, willygoeswrong said:

 

Okay! We already did the I-134, the salary if multiplied by 12 looks far above the threshold! I just didn’t realize that the financial income requirements mostly based on the form, not the tax returns. 

Thank you very much guys, it was really helpful, now I am not really anxious about this problem 

This is what most embassies are looking for. Good luck and stay engaged. 

 

EVIDENCE OF SUPPORT: You must submit any evidence which will show that you and members of your family who will accompany you are not likely to become public charges while in the United States. Visa petitioner (US Citizen) will have to complete form I-134. If the petitioner does not qualify as a sponsor, a Joint-Sponsor should present (any US Citizen living in the US or Legal Permanent Resident), who will also have to complete form I-134. Both the Sponsor (Petitioner) as well as the Joint-Sponsor, will have to present last year's income tax return transcripts. W2 form and proof of current and sustainable income (e.g., letter of employment on letterhead including salary and start date, most recent salary receipts, bank accounts, the value of properties, etc.). You may download the I-134 affidavit at https://www.uscis.gov/i-134. Bank statements in place of a letter from the bank will work just fine. Print the statement that shows the opening balance for a month and the closing balance for that month. Do that for 12 months—no need to print off all pages of a bank statement.

Get the IRS transcript in place of the actual 1040 here: 

https://www.irs.gov/Individuals/Get-Transcript

Use this link to determine the income levels needed https://www.uscis.gov/i-864p

Also, the new requirement from the embassies is to complete the DS-5540. https://eforms.state.gov/Forms/ds5540.PDF

[J+J 49]

On 10/3/2020 at 7:24 AM, Greenbaum said:

Bank savings would need to be 3:1 ratio for it to be considered. 

 

Hi @greenbaum  - is the 3:1 ratio a general rule of thumb?  I may find myself unemployed come K-1 interview but have a considerable amount of savings (~7-10x the poverty threshold) and am hoping that would be sufficient for the I-134.  Sorry to hijack, hadn't heard that "rule" before.

Edited October 4, 2020 by J+J

[Greenbaum 12,259]

12 hours ago, J+J said:

 

Hi @greenbaum  - is the 3:1 ratio a general rule of thumb?  I may find myself unemployed come K-1 interview but have a considerable amount of savings (~7-10x the poverty threshold) and am hoping that would be sufficient for the I-134.  Sorry to hijack, hadn't heard that "rule" before.

As I see it you should not have a problem with that amount of assets, but I'll refer you to an excellent article what is and isn't considered. I arrived at my answer based on this article as it does a remarkable job of outlining the merits of the financials' question.

 

https://www.murthy.com/2019/10/24/dos-rule-on-determining-visa-ineligibility-based-on-public-charge-grounds/

[DaveAndAnastasia 2,085]

Just as an aside for the OP, it'll probably still be a while before Moscow starts accepting K-1 cases from NVC (or at least, they aren't as far as I know, and there's no indication they're going to start soon) so putting together your I-134 isn't super-urgent even if your petition has been approved.

[willygoeswrong 5]

Hi. Several months ago i've created a topic asking about low tax returns for the last year, people said that current income is a King. 
So, my question is, do you guys think that 23k (so low because he just graduated, it's not a SERIOUS job yet) a year will be enough for Moscow's consulate? I've heard that they are not that tough, but I've been really stressed out because of this lately. 
My fiance also is thinking about getting the second job, get the second letter of employment to show that there's an additional sourse of income. We can't get a co-sponsor. 
Do you think that the second temporary job will help or 23k will be enough? I know that only 17.500 is reqired, but still.

Thank you all in advance for help. I'm probably freaking out too much, but i am so worried for some reason, since the NVC transferred my case to the embassy and they told me that they will give me the date after the New Year holidays, so...

Edited December 20, 2020 by willygoeswrong

[JeanneAdil 6,400]

First relax

graduated?   high school or college?

College degree would show that he has potential for increasing income exponentially

and the embassy will look at many factors 

Like your education and ability to procure a decent job in the US?

will he be able to add you to health care insurance at his job?

and what plans have the 2 of you made like will you work or study or be a homemaker?

if he just graduated and started job this year,  the potential for income is much higher next

and too late now for a 2nd job as case is at embassy

you'll be ok 

don't stress over this

[willygoeswrong 5]

10 minutes ago, JeanneAdil said:

First relax

graduated?   high school or college?

College degree would show that he has potential for increasing income exponentially

and the embassy will look at many factors 

Like your education and ability to procure a decent job in the US?

will he be able to add you to health care insurance at his job?

and what plans have the 2 of you made like will you work or study or be a homemaker?

if he just graduated and started job this year,  the potential for income is much higher next

and too late now for a 2nd job as case is at embassy

you'll be ok 

don't stress over this

He graduated from college, actually, his Master’s program, so in that sense there is a potential in this. 

I will work right after I have my green card/work permit, so won’t have to rely on him completely.

i am not sure about the health care thing, but it might be possible. I’m planning to go to a med school after receiving a green card and work at the meantime.

 

anyway, thanks a lot. I just needed somebody to tell me that it’s not an issue  

Edited December 20, 2020 by willygoeswrong

[Mushulatubbe 29]

1 hour ago, willygoeswrong said:

Hi. Several months ago i've created a topic asking about low tax returns for the last year, people said that current income is a King. 
So, my question is, do you guys think that 23k (so low because he just graduated, it's not a SERIOUS job yet) a year will be enough for Moscow's consulate? I've heard that they are not that tough, but I've been really stressed out because of this lately. 
My fiance also is thinking about getting the second job, get the second letter of employment to show that there's an additional sourse of income. We can't get a co-sponsor. 
Do you think that the second temporary job will help or 23k will be enough? I know that only 17.500 is reqired, but still.

Thank you all in advance for help. I'm probably freaking out too much, but i am so worried for some reason, since the NVC transferred my case to the embassy and they told me that they will give me the date after the New Year holidays, so...

You’ll definitely be fine. I didn’t have any income history to bring my husband over, only had proof of current income. I didn’t use a joint sponsor either. Hubby interviewed at the embassy in Moscow. Interview is very easy. They mostly just want to make sure your SO speaks English.

 

Your case was transferred because the embassy is the only one functioning since some time this month. 

 

If you have any questions feel free to reach out.

Edited December 20, 2020 by Mushulatubbe

[willygoeswrong 5]

35 minutes ago, Mushulatubbe said:

You’ll definitely be fine. I didn’t have any income history to bring my husband over, only had proof of current income. I didn’t use a joint sponsor either. Hubby interviewed at the embassy in Moscow. Interview is very easy. They mostly just want to make sure your SO speaks English.

 

Your case was transferred because the embassy is the only one functioning since some time this month. 

 

If you have any questions feel free to reach out.

You just made my day! I really wanted to know if somebody had the same situation as I do and had an interview at the same embassy  Thank you so much! 
Also. The case was transferred because of the lawsuit that we joined to make them schedule my interview, so guess I'm going to be the only K1 there, lol  
Thanks again, I really really appreciate it! 

Edited December 20, 2020 by willygoeswrong

[Mushulatubbe 29]

4 minutes ago, willygoeswrong said:

You just made my day! I really wanted to know if somebody had the same situation as I do and had an interview at the same embassy  Thank you so much! 
Also. The case was transferred because of the lawsuit that we joined to make them scedule my interview, so guess I'm going to be the only K1 there, lol  
Thanks again, I really really appreciate it! 

Oh! I didn’t know about the lawsuit of course. 😲

Well that’s good you know why.
No problem anytime!