Hi
Quick question I have an adjusted gross income of $17528 for 2007 is this amount too low for the I-134 evidence of support?
I was in a business in Michigan and sold my Half now Im in Califronia and my YTD income is already $13,500 as of April will the US consulate consider the present income as well as last years taxes? I am very worried I wont show sufficient income?
Thanks
JAY

demostrated current earnings capacity is primary, make sure you document and highlight that extremely well

Try to find a co/sponsor as a pillow if you can. From what you have stated your income is not efficient currently.

You might be ok. If there's just two of you, it's enough to meet the minimums. They will look at line 22 of the return, gross income.

I would state your current annual income as an annualization of your current income source and back that up with whatever evidence you can, to go along with the 2007 tax return.

Wait, wait... They look at AGI? Why?? In my case, my AGI was only about $10,000 because I had a significant amount of income subject to the foreign income exclusion.

In other words, $30k wages plus $13k Schedule C business income, for a total of $43k actual income, with $27k of that excluded because it was earned while overseas. That, plus the fact that I will have a letter documenting my current salary in the $60k's.

And yet, does this mean I may not meet the criteria for I-134??

what is the minimum wage earnings?

Minimum wage varies by state (federal: $5.85 until July). The national poverty line varies by circumstance but stands at $13,884 for a couple under 65 years of age with no children.

I just really hope that my income of 3-4 times the poverty level doesn't get second-guessed on the basis of too narrow a focus on AGI. Groan...

google 125% poverty level

First, the current annualized income is the most important factor. On a tax return, one can use the gross income line. They will not consider sources of income that would not continue from the same source in the USA. Those are meaningless.

Sure, but the same thing applies to any job change at all, not merely an international one. In my case, I have already returned from abroad and am currently in the US working at a job I intend to keep and use to support my bride-to-be. Assuming the paystubs and letter from the employer are solid, then, would you say I shouldn't worry about a very misleadingly low AGI on a previous year's tax returns? Or should I be prepared to send extra evidence (an explanatory letter or something)? I'd rather not be denied and put into AP because of this...

I think you are ok. I also think in the Consular Officer looks at the tax return, he'll look at line 22, gross income first, not AGI.

We are in a similar situaton. Teresa does not make it on the income issue, but has had some signficant increase in wages over the last few months. We are going to organise a sponsor as a safety net. Reading some of the consular interviews they will make a call on the spot about the question, and having a second sponsor does not hurt you case if you do meet the income requirement.

Ugh, I just went back and checked my records.

125% of the poverty line for two people seems to be about $17350. But line 22 of my 1040 is only $15,200 or so. In order to see my real income situation, you have to add lines 7 and 12 ($43k total). The difference is because I was out of the country for 2/3 of 2007 and the income earned there was excluded. Do you think that they'll read a letter of explanation if I provide one?

I really don't want to have to line up a third party sponsor if I can help it. This process is intrusive enough on me and my fiancee as it is. What I can show is that I've probably earned more than the 125% level already this year, which will show on my pay stubs... I hope that's enough. Sigh.

Did the excluded income continue from the same source, once you returned to the US? If not, it doesn't count.

What is your current annualized income and how long have you been at that level of earnings?

My income fell into three categories: income earned from a foreign organization (which ended in August 2007), then 1099 (Schedule C self employment) income and subsequently W2 (salaried) income from a single company (in other words, I worked a contract for this company until I was hired by them in November). about $27k of my income (including about 60% of my contract income from this US source) was deducted from my taxable income above line 22 on the 1040.

Currently, I have a $67k/yr salary as a permanent employee with that same employer. This has been the case for about 6 months. By the time I need to submit my I-134, that will be closer to a year. I can verify that number with a letter from them, of course, as well as showing my paystubs.

Naturally, last year's foreign income won't continue this year, but anyone who changed jobs would be in the same situation. The difference is, in their case, that income will still show up on line 22 and in their AGI, whereas mine does not. That's the part that makes a judgment based on line 22 of the tax return silly and unfair.

Hopefully, if my most recent paystub shows that I have earned, say, double the 125% number year-to-date when I submit my I-134, that will be enough.

I am going thru a visa also.

I am self employed. I plan on using Line 22, for my I-134.

Not line 37, Adjusted Gross Income.

Sounds like you'll be fine but whether it makes sense to you or not, your foreign income doesn't count on the I-134 unless it would continue from the same source in the USA. That's just the way it is.

Our lawyer emailed and said they look at adjusted Gross Income. I had more tax write offs this year like my huge moving expense across the country in August 2007 as well as medical insurance for 2007 as I was Self Employed. One of the main Reasons I sold my share of the Business and left Michigan and came to California was to be able to provide a better future for Shuyan and I know California has more potential for me and Shuyan.
Thanks for all who have responded I am going to complete all the forms and see what happens. I can only hope I can bring my Shuyan here and start our lives together!

Lawyer schmawyer, look at schmook at.

When you fill out an I-134 or I-864 you certainly can declare your gross income as your income. Somebody may or may not look at your tax return and if they do, they may or may not key on gross or adjusted gross. On many returns there's little if any difference between the two numbers anyway.

Well I decided to just move forward and complete the I-134 and keep my fingers crossed! I hope it is enough to show my new income and annualize what I have made thus far since Sept 2007. I am in Sales, I sell commercial trucks here in Silcon Valley San Jose Ca. I can show that I have bank accounts from my Business I left in Michigan. I can also show the deposits from the business and personal accounts. Thanks for the response and your support It helps.

Re Reading the I-134 will I need to secure a Bond? What sort of Bond is it? Is it Easy to get a Bond?
Thank You
Jay

ANYONE out there? Do I need to Secure a Bond?

No.