Less than a week to go

Some of you may have looked at this website

http://www.alchemyfoods.com/rossanddiana/

I created it immediately after my first trip to Russia (and Diana)

It is our story as of mid-February

What I don't mention is that I failed my final Nursing class in the RN program I was enrolled in, so I didn't graduate

I ad-libbed a "Plan B", which was to sign up for the NCLEX-PN test, which I was eligible for, which, assuming I passed, would give me an LPN license which would allow me to work as a Licensed Practical Nurse in New York State. I was afraid I might be forced to work in nursing homes - but my dream was to work in an outpatient clinic or a Medical-Surgical Floor or an Emergency Department, which would give me the experience I felt that I had to have in order to return to school in January 2008 and repeat that class

(at my school, the Borough of Manhattan Community College, you can only fail once - if you fail twice, that's it, you're done - AND if you fail the first time, they raise the bar - instead of needing a 73 to pass, you need a 77! Mind you, I had a perfect 4.0 in my pre-clinical classes - the pre-requisite classes you must take (Anatomy and Physiology, Chemistry, Psychology etc.) before you can even apply for the Nursing Program)

Anyway

I had been planning my first trip to Russia all semester - of course I was thinking that I would have passed by the skin of my teeth - but I failed - but I went to Russia anyway

when I returned I had to map everything out for myself - if I had passed I would have been told that I had to do A and B and C - but I was on my own - eventually I got my ducks in a row and I was given a three month "window" for taking the NCLEX test - end of March to end of June. And Diana wanted me to return to Russia for a second visit so I sighed and said ok, I'll take it end of June...

At this time I was working off the books for a local store owner, full time or more.... less than eight dollars an hour. I had a couple of 82 hour weeks.

Oh and somewhere in that time frame I managed to get her I-129F completed and sent off.

NOA1: 27 March
NOA2: 06 April

So I went to Russia the second time, during which time Diana received her packet from the Embassy, and notification that her interview date was going to be late June, but a few days later they called her to tell her that everything had been cancelled.

I returned and studied until I was blind and then took the NCLEX-PN test - I was so sure I had failed - I went home and cried, feeling completely hopeless - but a week later I found out that somehow I had passed (there was nothing easy about this test and I have talked to a few RNs who worked as LPNs first and they all told me that their LPN NCLEX was harder than their RN NCLEX).

So then, (because of IMBRA and Homeland Security's "no time frame" bullshit) Diana wanted a third trip to celebrate - ASAP, which meant Turkey - I knew it was important for me to get to work as soon as possible but I couldn't say no to her (and I wanted to see her again so badly myself) - and she would be paying for everything - so off I went...

The day after I returned our case was reopened: 25 July.
I received the foolish IMBRA RFE in the mail on 07 August,
it was completed and returned to the VSC on 10 August,
and our case was finally, finally reapproved on 01 September.

I started interviewing at all sorts of health-related facilities in Manhattan and DaBronx (I live in Harlem). Lincoln Hospital was my first choice and end of July I walked into the Lincoln Nursing Department and dropped off my resume and filled out their application. Now anyone who lives in the City knows, August is not the best time to be looking for a job (just like January is not the best time to visit Russia. This is my life). A lot of people were on vacation and things moved sooooooo slooooooowly. And if anyone is in the Health Care field, you know what it means when I say, JCAHO was inspecting Lincoln Hospital and interrogating the staff in September. Everything came to a complete stop. What it all boils down to is, although I filled out the application in July, I didn't get a start date until 13 October (my start date was for three days later).

There was only one other job that I was seriously considering and they were making things really hard for me. Nursing shortage? what nursing shortage?

Which brings me up to the present day.

My job is in the Lincoln Emergency Department, third busiest in the country (if not North America). I wish I had more supervision and guidance at work, a lot of the time I am just on my own, trying to figure out what to do. I hardly ever get to sit down and my ankles, knees and back ache all of the time now. I'm 40 years old. When I come home at night I am so tired I can hardly move, and my mind is like a bowl of cold mush.

Diana's interview date is 01 December.

I completed the I-134 and sent it off, along with last year's tax return (0 dollars, I was a full time student), photocopies of my first two paychecks, and the letter of offering from Lincoln Hospital stating my annual salary ($37,636). This letter is signed by the Human Resources "Senior Associate Director".

I have a co-sponsor - but his tax return from last year is also not good (about $10k). Life in the City has been hard for me and for all of my friends since the Arabs bombed us. There is no one else I can ask who can be a better co-sponsor (several better candidates failed to come through), and this is driving Diana up the wall. She has the impression that the last year's tax return and W-2s are of overriding importance (and during my lunch break calls she doesn't want to talk about anything else :-( ).

My co-sponsor has a very good job now (something like $100,000 dollars a year) but of course no W-2s as of yet. He also photocopied his letter of offering showing his annual salary, and his two most recent pay stubs. No notarized letter from his employer, I bugged him for that but he said that that wasn't possible. Eh, whatever.

I was almost evicted in September - I had to beg Diana to WU me most of the rest of her savings. Now she is tapped out and in the next week I am going to have to WU her whatever I can scrape together. WU is making a lot of money off of us. :-(

So is there any good news that I can give Diana? Or should I have told her to wait until next summer? :-( We've already waited for so long. Personally I feel that our odds are about 90%. I don't think she is that optimistic. :-(

The past years tax returns really don't matter - the current year and your current employment are what matter. The worst case is that you get an RFE for a co-sponsor. Might take some time, but not the end of the world. You are fine once she is in the US.

As long as the I-134 is good enough for Moscow, you won't have trouble in the states. Best thing you could do would be to get your current "employer" to give you a 1099 for what you were paid this year. From all the hours you are working, it should be enough to hit the 125% mark and not need a co-sponsor. And, you would be in better shape with the IRS. I doubt it would greatly increase your tax bill.

Just be thinking about what you can do to have more evidence for the Embassy in Moscow, if they ask for it. Again, a 1099 from where you worked before would be good enough. Beg and plead for that (they would have to give it to you anyway, as you could just tell the IRS and they wouldn't have much choice).

I think you're way better off than most of us!

She's sending YOU money, not the other way around. That's going to say a lot to the interviewers! If she's "supported" you through school and now you're done, ready to support her, it's almost as if you guys have had a working marriage for the last year or so already.

I think your odds are better than 90%. Good luck to both of you, and keep us posted!

Russ, thanks for your quick reply, bu this worst case would be very bad indeed, as there IS no other co-sponsor. And there won't be.



My previous work was off the books and I won't be getting anything like that either.

The money I make at Lincoln this year from paychecks should total about 9,600-10,000 dollars (before taxes). Maybe the 1099 would show 12k? I've only been working since 16 October.





Thanks, I'll tell her this afternoon! This is just what I needed to hear!

She "only" sent me one fat amount of money through WU a couple of months ago to bail my sorry ### out and prevent eviction (which tapped her out). I will definitely suggest to her that she show this receipt to the Embassy folks!


hmm my math was bad - maybe the 1099 would show 9k

About $16,000 is what you need to have, so I would definitely try to get that.

Even if you don't, you can declare the income on your tax return anyway. (In fact, you are required to so by law). Declare it on your schedule C. The IRS is not going to care where $9,000 came from, they will just be happy that you are paying a few hundred dollars extra in taxes.

The AOS won't be a problem, just worry about what you can send to Moscow in case they ask.

I couldn't agree more!
The CO could find her inadmissible under INA § 212(a)(4)(B ):
"In general.-Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible"
The CO would ask, what will happen when this visa applicant leaves Russia? She will no longer be able to send money to support herself and her USC "sponsor".

Moral of the story, be careful on how this will be interpreted. If you or one of your co-sponsors don't break 125% poverty line based on the I-134 formula, this "bailing" out money could send the wrong message.

teukros,
I was and still am a full time student throughout this process. Not once did I put my lady ahead of my education. What that meant is that there are times when we spend less time with each other and during the visa process I only saw her while school was out, only called a few times a month, and didn't write when I was busy with school. Something to keep in mind if you want to try for your RN license!
RNs make great money and are in shortage. Complete your goal, it will help you more in the long run.

Ok, I won't suggest she mention it.

Russ, the 9k estimate is how much I should earn at Lincoln hospital between 16 October and the end of the month (before taxes). I have no idea how much I earned working at that store. Not that much, that's for sure. I was paid in cash and it was pretty much hand-to-mouth.

teukros,

I would suggest that you find someone to be your joint sponsor. He or she should not be a relative, it may be anyone who earns enough as shown on the previous years tax returns, and agrees to share the responsibility. Maybe your parents or friends can help? In our case, my husband's boss agreed to be our joint sponsor - he knew that my husband is a reliable person and a good employee who will make more than the requirement was that year

I would also caution you about this - there is another way a CO can see this. (Transfers of money to a US sponsor are one of the red flags for fraud).

Marriage is expensive - I agree with Sat, taking care of finances needs to be your first priority.

There is a good chance you will still need a co sponsor for the CO in Moscow. Keep in mind, this is just another I-134. You should not have much trouble finding someone to do this for you. It is not enforceable in the US. You should confirm this with a lawyer, but I do not believe there is any real liability associated with executing an I-134.

The I-864 you will file later should be fine, based on your current income.

If you don't meet the income standards you won't get an RFE, you will get a blue slip called a 221-G. It basically will mean that you have to show proof of the income before they will issue the visa. You will have about 90 days. Failing that the passport is returned and your file is sent back to NVC where you can file an appeal.

The good news is if you have a co-sponsor and he only had an income of $ 10,000 last year and you can show a w-2 for $ 9,000, they should look at the total which gives you over the nearly $ 16,000 you need. Do you have any other liquid assets, They will also allow those to count towards the total but they don't like personal property. I think with the letter from your employer, the co-sponser and the letter from your employer you may be ok. Save the last paystubs and get them to her for the interview. It may make a difference. Send at least 3.

I can't find you an exact source but I remember reading on VJ many times that each "co-sponsor" must meet the poverty guideliness separately, because otherwise you can gather 16 friends who only make $1,000 who would be unable to support themselves on that let alone another person! The aggregate theory fails, although I like it in some contexts.

I believe also the employer letter stating what you "will make" in the future (since you're still a new employee) will be taken into consideration more than your previous income. (None!)

I've heard they see your previous status as a student then take into account that since you've finished school you're now going to make the big bucks and easily support someone.

Is this what they did for you Satellite, or did you have to do the co-sponsor thing? I remember another person on here saying something about they had no income while they were in school but still sponsored someone, and the USCIS allowed them to report "future income" on the I-134.

We did the co-sponsoring thing. Parents were plenty over. This is the first year we broke poverty But then again living in San Francisco anything under 100k a year is poverty, it makes no difference really. What can you expect from two full time students.

"But then again living in San Francisco anything under 100k a year is poverty"

Satellite is right, and I think the same holds true for Washington DC. I make 60K+ in Jacksonville, Florida where the cost of living is low, and was offered 91K for a job in DC, but who the hell can afford a 600,000 home?? No thanks.. I'm thinking of moving back to my grandparents farmhouse in Georgia and living off the land.. Well.. maybe not.

You mentioned several times about "working off the books". This demonstrates a willingness to violate the law, tax regulations, etc. So, why not just take it a bit further? Just send the consulate fake documents concerning how much you make. You can make it look like you make, oh, say $60K/year. Why not? What's a little more deception and illegality? Go for it man! Be sure to come back and report the results.

Cheers!
AKDiver

p.s.: congrats on passing the exam

Sure, why not?

It's not like they have time to double check with the IRS!

Your girl will be so proud! She will say, "You will have no problem in Russia!"

OK... forgive me for being cranky - I guess I'm in a bad mood right now (time issues, money problems, and chronic sleep-deprivation)

First, back in May or something like that, I asked my "off the books" employer to put me ON his books, he didn't want to (he couldn't afford to). As I was depending on him, at the time, for both money (not enough for rent however) AND food (anything that was expired, I could take home), I didn't press the issue. And FYI, off the books work in the United States aggregates to about 500,000,000,000 dollars a year.

Second, I fully intend to report (my best guess of) the earnings from this job (maybe 5,000 USD altogether) and to pay taxes on them.

Third, I don't appreciate the tone.

Fourth, I am amazed at how badly my initial post was misinterpreted/misunderstood. DESPITE my posting followup clarifications.

Fifth, Diana was approved for her K-1 Visa Friday morning. She was interviewed by an officer who was an attractive young woman. Diana reported that she had a kind face.

The interview was conducted in English. It lasted for about five minutes. The officer asked a few very simple questions like how long have you known each other, how did you meet etc. She DID NOT ask for co-sponsor papers. She liked the fact that I am a nurse and Diana felt that the officer was trying to convince HER: "Don't you know, he will always be able to find a job!"

Uh huh.

No, of course not, Tax-free income, why would you press the issue?

Other people break the law and don't pay their fair share, so why should you? The taxpayers can make it up by paying more than they should have to anyway. I understand completely.

Uh huh. Be sure to include the 15.4% FICA tax, as well as the interest and penalties for willful non-compliance. That should add about another $30K, if you report your non-compliance and pay everything off soon.

Gosh, I'm so sorry! I didn't know I was upsetting you. You have my deepest apologizes.

One way or another - legally or illegally.

Cheers!
AKDiver

AKDiver, what is your problem? Believe it or not, some people have to struggle in life. I live in Harlem and take the subway to work in the Bronx. In the third busiest Emergency Department in the United States, like I said.

And I wanted to be able to show that I had been working because I thought it might help our case at the embassy. So don't accuse me of lying.

The list is seemingly endless. There is way more than just one (:

Yeah, I wouldn't know anything about that. The world was given to me on a silver platter.

Lawbreaker!!!!

Cheers!
AKDiver

A Social Darwinist. Are you one of those people who voted for Bush twice? Tell me, do you think we should "stay the course" in Iraq?



What kind of a fantasyland are you living in? I did honest work, I earned a small amount of money, I'll declare it on my tax form.

Talk to anyone from New York City (or probably, any large city). There are many, many small businessess that need help but which simply can not afford to pay employees "on the books". I know for a fact that the guy that I was working for was in this situation (and then there was a period of time that he was laid up with a broken ankle and I went a little "above and beyond" with a couple of 82 hour weeks. I helped him to stay in business and I helped my neighborhood and I am very proud of that).

It is not a stretch to say that the City's economy depends upon "off the books" workers.

Do yourself a favor and read this book:

Off the Books: The Underground Economy of the Urban Poor
by Sudhir Alladi Venkatesh




I'll take your word for that.

In this situation the employer should hire you as an independent contractor (IRS 1099). The employer's tax liability is almost nothing yet you are both completely within the tax law, assuming you fall under the definition of an independent contractor.

Calm down guys!

AK - it sounds like he is trying to do the right thing. His employer is the one to blame here, not him.

Teuk - Declaring income that you don't have a 1099 for isn't a big deal, it is treated the same way. You are talking about such a small sum that it won't trigger penalties (for not making quartarly payments). The legal standard would be that it would have changed your tax bill by more than 10% (unlikely). Anyway, the IRS won't care. They don't generally do much about late estimated taxes if the amounts are small.

Working off the books is a problem for two reasons - work authorization (not you) and EMPLOYERS not paying payroll tax/workman's comp/etc. The worker is doing nothing wrong, as long as they report the income on their schedule C.

removed per request of OP.

Sat, AK is right on this one. The test for 1099 is that the contractor works under his own direction, and chooses how/where the work will be done. This wouldn't pass. It would be the employer that would get in trouble though. The IRS could go after them for the payroll tax they should have paid. State's AG could go after them for workman's comp as well (unlikely, there are bigger fish to fry in NYC).

At least in the US, there is nothing really wrong with working "under the table" as long as you report the income - at least for the person doing the work. Most of the work I do is not as an employee.

AK - if you decalre income on your schedule C, you are in fact paying FICA, SS (double!), and income tax. You end up paying the employer's share. (It is taxable income, plus the self employment tax).

Dude, I am not a fan of our President either but guess what he was elected. Dont have to like the man but respect the office. People voted him in and that is the way it is.

I get the whole voicing your opinion and your free to say what you want but voicing or even hinting at violence against an elected official can get you attention you really do not want, especially one that high. Of course you will do as you see fit just my voicing my opinion and looking out for ya.

Heard on the radio the other day.....


"The American people aint stupid, President Bush.... I voted for you twice, but I aint votin for you a third time."


And they wonder how he got reelected.

That is pretty sad.

First thing I said when President Bush was elected for a second time was, all hail term limits!!!

Yeah, IF you report it that way, as self-employment. There are other ways to report such income too. On a related note, if you're going to report it as self employment, then you are claiming to be in business. If you're claiming to be in business, then in most jurisdictions, you need a business license, and need to pay quarterly taxes to the controlling jurisdiction on that income, are subject to business property tax (in many places), and so, on, and so on. The number of laws getting broken just keeps going up and up.

I have plenty of respect for the office - certainly more than the person currently holding it.

Who said anything about violence? I'm just talking about government policy. If you think government policy does not include such acts, you're really out of touch with the news. The government gives people a fair trial and sentences them to death all the time. Those are the lucky ones. The unlucky ones just get killed in the middle of the night and the body disposed of in a place where it will never be found. These are the "enemies of the state" that the people of the republic are not even allowed to know about.

We have term limits - they're called ELECTIONS! If people are dumb enough to keep voting for the same morons over and over again, then certainly they should be elected. People get the government they deserve.

Cheers!
AKDiver

I love the Off Topic forum!