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I was told rather unsurely by a lawyer that when your fiance goes to the interview, that the affidavit of support has to show equal or greater income to 100% of the poverty guidelines. BUT that when they file for an adjustment status after they come to the US, that they will have to show 125% income of the poverty guidelines.

Is this the case?

Also when they wish to see the tax returns on the affidavit of support, do they mean that your net profit of income has to be $19,000 to equal the 125%. or that you only had to earn a gross of $19,000 but you maybe pay tax on $13,000.

the reason i ask is because i am self employed.

thank you

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Lawyer is wrong... what is new there. Gross Income must meet or exceed the 125% poverty guidelines of I-864P (which is just shy of $20,000 for two) for the interview


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Lawyer is wrong... what is new there. Gross Income must meet or exceed the 125% poverty guidelines of I-864P (which is just shy of $20,000 for two) for the interview

I read that gross income is only for those who are employed by an employer, where as with self-employed people it requires Net profit income(the ammount you actually pay tax on after deductions) needed to be $20,000? Does anyone know if this is accurate.

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For self-employed you would use the total income, line 22 of your 1040 tax return, as your income.


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NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

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NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

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And since it is my tax return for 2014 would i follow the 2014 poverty guidelines for the k-1 Visa ? OR would they require the 2015 poverty guideline since i filed it in feb or 2015?

because I obviously do not have my tax return for 2015 and i only JUST BARELY made it past the 125% poverty guideline for 2014 tax return.

thank you

this case is for thailand/bangkok embassy incase that helps clarify the questions.

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For self-employed you would use the total income, line 22 of your 1040 tax return, as your income.

HI ZEDA,

Im confused if we should use line 22 of 1040 as income (for self employed) or line 37 of adjusted gross income or line 7, part 1, schedule c of form 1040?

coz our co-sponsor is self employed and he filed his income tax jointly with his wife. should we also include i864a?

Thanks

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HI ZEDA,

Im confused if we should use line 22 of 1040 as income (for self employed) or line 37 of adjusted gross income or line 7, part 1, schedule c of form 1040?

coz our co-sponsor is self employed and he filed his income tax jointly with his wife. should we also include i864a?

Thanks

If you are wanting to show his individual income, then you could use line 31, net profit/loss of Schedule C, since line 22, Total Income from the 1040 will show the combined incomes. If your co-sponsor is providing an I-864, then his wife could fill out an I-864A to go along with his I-864, since they file jointly.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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I was told rather unsurely by a lawyer that when your fiance goes to the interview, that the affidavit of support has to show equal or greater income to 100% of the poverty guidelines. BUT that when they file for an adjustment status after they come to the US, that they will have to show 125% income of the poverty guidelines.

Is this the case?

Also when they wish to see the tax returns on the affidavit of support, do they mean that your net profit of income has to be $19,000 to equal the 125%. or that you only had to earn a gross of $19,000 but you maybe pay tax on $13,000.

the reason i ask is because i am self employed.

thank you

Yes. 100% for I134 and 125% for I864 as stated in the directions for those forms.

Use adjusted gross income plus any non taxable income on the forms.

The tax records are just supporting evidence for the affidavits.

Forget the lawyer. Just read the form directions and do it yourself. That way you know the truth.

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Yes. 100% for I134 and 125% for I864 as stated in the directions for those forms.

This is not true for the Philippines consulate. They want to see 125% for the I-134. The same applies to many other embassies as well.


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

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Yes. 100% for I134 and 125% for I864 as stated in the directions for those forms.

Use adjusted gross income plus any non taxable income on the forms.

The tax records are just supporting evidence for the affidavits.

Forget the lawyer. Just read the form directions and do it yourself. That way you know the truth.

Many consulates will want to see 125% because they tend to follow the I-864 guidelines for K-1 visas because the K-1 has immigrant intent, they know you need the I-864 soon after entry to the US, and the K-1 visas are processed by the immigrant visa units of the consulates. It will be at the sole discretion of the CO as to what they will or will not accept for the financials.

Also, it is not AGI that used on the affidavits. It is your current annual income, which would include any non-taxable income anyway. Self-employed use line 22 of the 1040, which is Total Income. You don't even use the AGI on the I-864 for the section about your tax info, unless you used the 1040EZ form.

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Many consulates will want to see 125% because they tend to follow the I-864 guidelines for K-1 visas because the K-1 has immigrant intent, they know you need the I-864 soon after entry to the US, and the K-1 visas are processed by the immigrant visa units of the consulates. It will be at the sole discretion of the CO as to what they will or will not accept for the financials.

Also, it is not AGI that used on the affidavits. It is your current annual income, which would include any non-taxable income anyway. Self-employed use line 22 of the 1040, which is Total Income. You don't even use the AGI on the I-864 for the section about your tax info, unless you used the 1040EZ form.

CO's have authority to deny visas at there discretion but they need evidence to support that.

This poster is interested in a K1 for Thailand. Not manila or "other" embassies.

I have recently been through this process.

Stop trying to scare him.

The rules as I stated are fact not speculation. On What facts do you base your arguments?

The COs are only interested in whether you have adequate net income after obligations to support your fiance. IRS tax data is only one piece of evidence and is not applicable for many people so include other supporting documents too.

Edited by Jing Jing

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CO's have authority to deny visas at there discretion but they need evidence to support that.

This poster is interested in a K1 for Thailand. Not manila or "other" embassies.

I have recently been through this process.

Stop trying to scare him.

The rules as I stated are fact not speculation. On What facts do you base your arguments?

The COs are only interested in whether you have adequate net income after obligations to support your fiance. IRS tax data is only one piece of evidence and is not applicable for many people so include other supporting documents too.

I am glad you just went through this, so now are an expert on what is required for affidavits of support forms. So, where can I find your stated facts about using AGI?

I have not been trying to scare anyone. I am trying to help them get their visa approved and be prepared for future immigration processes. There is absolutely no ill-will involved in my advice to people. I voluntarily spend time here trying to help people through immigration red tape successfully.

Yes, a CO has a lot of leeway when dealing with financials for a K-1. That is because the I-134 is not legally binding. However, the I-864 that will be needed for AOS is legally binding, and the facts I posted here can be found in the I-864 form instructions, DoS/FAM, and years of experience helping people get through their immigration processes.

The CO is interested in whether or not the intending immigrant will become a public charge once in the US. They will look at the totality of the situation when deciding. I already stated it would be entirely up to the CO. Some can, and do, accept 100% instead of 125%, but that won't be the case for the I-864 when it is time for AOS, so the OP should prepare his 2014 taxes while looking ahead for what will be required for his new spouse to receive a green card.

Providing other evidence is easier for someone that is an employee because they can provide a letter from their employer and recent pay stubs to prove their current income. This is not the case for someone that is self-employed. The taxes are used to prove their personal income. They will look at their total income after business deductions to see what their personal income amount is. Self-employed can also use quarterly statements, if they have them, and even bank statements to show the amounts of income they have deposited each month. But the main factor in proof of income for those that are self-employed is the taxes.

Here are some facts about using the I-134 for the K-1 visa. What they will need for the I-864 can be found in the I-864 form instructions, which are a lot more detailed and strict than a CO might allow for the K-1. If they can meet the I-864 requirements, then they can meet the ones for the I-134, and be good to go for AOS as well.

e. The degree of corroborative detail necessary to support the affidavit will vary depending upon the circumstances. For example, for a relatively short-term visitor, little, if any, would be required. In immigrant cases, however, the sponsor's statement should include:

(1) Information regarding income and resources;

(2) Financial obligations for the support of immediate family members and other dependents;

(3) Other obligations and expenses; and

(4) Plans and arrangements made for the applicant's support in the absence of a legal obligation toward the applicant.

f. To substantiate the information regarding income and resources, the sponsor should attach to the affidavit a copy of the latest Federal income tax return filed prior to the signing of the Form I-134, including all supporting schedules. If you determine that the tax return and/or additional evidence in the file do not establish the sponsor's financial ability to carry out the commitment toward the immigrant for what might be an indefinite period of time, or there is a specific reason (other than the passage of time) to question the veracity of the income stated on the Form I-134 or the accompanying document(s), you should request additional evidence (i.e., statement from an employer showing the sponsor's salary and the length and permanency of employment, recent pay statements, or other financial data).

g. If the sponsor has a well-established business and submits a rating from a recognized business rating organization, you do not need to insist on a copy of the sponsor's latest income tax return or other evidence.

http://www.state.gov/documents/organization/86988.pdf

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Hah. I never implied I was an "authority". You seem to think you are though. OP was referring to a k1 in Bangkok. I just went through this so I think I am a good resource. Your statements relate to "many consulates" and are not specific to the Embassy in Thailand. Refer to the US Embassy bangkok's website.

I don't see how any of what you say disputes my original point. You must understand each embassy is a little different.

Sure, if you can show % 125 on an I134 that is ideal. But if you can only show % 100 it's not likely to be a deal killer. Especially if you document other sources of income that will be used for the I864.

Once again, AGI from tax transcripts is just one piece of the picture. And in some cases not even that (I.e. all non declarable income).

Edited by Jing Jing

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Okay, so they do their 2014 taxes and show just enough at 100% for their Total Income on the 1040, and that is accepted for the K-1 visa. Then what happens when they need to supply the I-864 for AOS and their most recent taxes do not show enough income for that affidavit, which requires 125%?

Just getting by and having the K-1 is approved is not enough. It is not the end of proving financials for immigration. The OP specifically asked about doing their taxes to have them accepted for the I-864 for AOS as well.

The OP is self-employed. What non-taxable income do they have? What proof of this non-taxable income do they have? I see nothing mentioned by the OP that they have any other source of income.

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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