Proof of funds

[Hotjakob 0]

Hi!

I'm a Swedish citizen who's about to apply for a K-1 VISA to marry and live with my girlfriend in NYC. As we want to keep costs down as much as possible we have descided not to use a lawyer and will therefore need advice from others in the same situation (you guys).

To the point. As my soon to be wife works in a restaurant on Manhattan, she doesn't earn any money but tips (which on the other hand is a significant amount). For obvious reasons these earnings hasn't been registred with any tax authorities.

So, is a letter from her employer about her income good as proof of funds for sponsorship or do we have to find a co-sponsor (her dad or mom)? Ultimately, we would prefer not using a co-sponsor, but if we have to do we use the same form as if she was to be the sponsor or is there a certain "Co-Sponsor Form"?

On the other hand, I have some savings at my Swedish Bank (about $40 000), which I plan to use for the wedding, getting started in America, future savings and so on. Is there a way to declare these to "easen" her "sponsor burden"?

Thanks a lot for your help, and whoever put up this site is doing a great work! Extremely helpful!

Allt the best / Jakob

[Nik+Heather 121]

If she wants to use her income, it must be reported for taxes....not reporting income (it clearly says wages +TIPS!!) is tax evasion and therefore illegal. Does she really want to go telling the government that she hasn't been honest?? I have read that previous years' taxes can be filed if she hasn't filed AT ALL (and the associated penalties and back taxes and interest owed paid) so that you can use her income on the support forms. I'm not sure how to advise you if she has filed tax returns and underreported her income. I have no specific knowledge, just a feeling it would be very bad for her (and still tax fraud!). She is putting herself under added scrutiny. You both want to make sure ALL your ducks are in a row!!

The immigrant's assets (but not income) may be used to self sponsor, or these may be used in combination with a sponsor/cosponsor's income. It is up to the officer at your interview to determine if a combination of your fiancee's income/assets, cosponsor's income/assets and your assets are sufficient to convince them that you will not become a public charge. I can't remember, but it is either 3x or maybe 5x the poverty limit for assets to be sufficient. I am not sure what form you would need to try to self-sponsor all or part. $40,000 is probably about half of what you'd need.

Edited April 24, 2009 by Nik+Heather

[Otto 83]

An employment letter by itself will not likely satisfy the Embassy/Consulate for proof of income - pay-stubs would be better and she will still be required to submit at least the most recent year's income tax return (and supporting documents) - it is very likely they (the Embassy/Consulate) will look at all her supporting documents/evidence as a whole to measure her income.

Am not certain what the outcome of that would be, but in case there is a significant shortfall, it might be prudent to secure a co-sponsor in advance - at the time of the interview, should your fiance's income be deemed sufficient, the Embassy/Consulate would not use the co-sponsor.

Co-Sponsor would also complete an I-134 and provide evidence/supporting-documents.

Foreign fiancé/spouse's savings will not (usually) be counted.

[iLoveAPolishGirl 0]

Foreign fiancé/spouse's savings will not (usually) be counted.

This may be embassy specific. For example, apparently for Japan, fiancee assets MAY be counted, as explain below...

http://***removed***/forum/showthread.php?t=28

Copied from the US Embassy Japan website ...

Applicant's Own Funds

An applicant who expects to be able to meet the public charge provisions of the law through personal financial resources may submit to the consular officer evidence of funds or income from one or more of the following sources:

* Bank statement showing present balance of applicant's account, date account was opened, number and amount of deposits and withdrawals during the past 12 months, and the average balance during the year. If there have been unusually large recent deposits, an explanation thereof should be given

* Proof of ownership of property or real estate, in the form of a title deed or the equivalent and a letter from a lawyer, or real estate agent showing its present valuation (any mortgages or loans against the property must be stated)

* Letter or letters verifying ownership of stocks and bonds, with present market value or indication of expected earnings

* Statement from insurance company showing policies held and present case surrender value

* Proof of income from business investments or other sources

If the financial resources are derived from a source outside the United States, a statement as to how the funds or income are to be transferred to the U.S. must be provided.

edit: I see this site doesn't like links to *family*based*immigration*DOT*com*

Edited April 25, 2009 by iLoveAPolishGirl

[Bobby+Umit 161]

Hi!

I'm a Swedish citizen who's about to apply for a K-1 VISA to marry and live with my girlfriend in NYC. As we want to keep costs down as much as possible we have descided not to use a lawyer and will therefore need advice from others in the same situation (you guys).

You know we will send you a bill (j/k)

To the point. As my soon to be wife works in a restaurant on Manhattan, she doesn't earn any money but tips (which on the other hand is a significant amount). For obvious reasons these earnings hasn't been registred with any tax authorities.

Erm - that is not good - that can cause issues with the IRS.

So, is a letter from her employer about her income good as proof of funds for sponsorship or do we have to find a co-sponsor (her dad or mom)?

Does she make 125% of the poverty level needed? (2 people = $18,212) - if she does - no other sponsors are needed.

Ultimately, we would prefer not using a co-sponsor, but if we have to do we use the same form as if she was to be the sponsor or is there a certain "Co-Sponsor Form"?

They use the same form, or the 864A if they are in the same household (of course they would use the I-134 for the initial submmission for the embassy interview)

On the other hand, I have some savings at my Swedish Bank (about $40 000), which I plan to use for the wedding, getting started in America, future savings and so on. Is there a way to declare these to "easen" her "sponsor burden"?

Assets can be used -

Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?

Yes, under these conditions:

• The assets must be readily convertible to cash within 12 months

• The applicant must show that he/she can take the money or assets out of the country where they are located. Many countries have strict regulations which limit the amount of cash or liquid assets that can be taken out of the country

• The assets equal at least five times the difference between the sponsor's income and 125 percent of the poverty line for the household size.

Thanks a lot for your help, and whoever put up this site is doing a great work! Extremely helpful!

Allt the best / Jakob

[iLoveAPolishGirl 0]

Bobby Umit,

Could you provide a reference to where you got that quote?

TIA,

dvc

[pushbrk 12,898]

Bobby Umit,

Could you provide a reference to where you got that quote?

TIA,

dvc

The quote is not "from" but is based on the I-864 instructions for starters.

[Bobby+Umit 161]

I-864 Assets FAQ

[tallcoolone 102]

She can re file her taxes for 2008 and show she meets Poverty Guidelines

[iLoveAPolishGirl 0]

She can re file her taxes for 2008 and show she meets Poverty Guidelines

Re-filing to add tips ... I would be concerned that that might lead to an audit of previous years and possible charges of fraud ... potentially very dangerous approach I would think I would think if she re-files for one year, she would be well advised to re-file for *all* years she worked as a waitress and didn't declare tips!!

dvc