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Hello all,

I am a building super in NYC since 2011. In exchange for salary, I am given an apartment that is worth over $4000 a month in rent. It is in equivalent to 48k in income. My lawyer's office says that I still need a joint sponsor since that my w2's from 2011, 2013 aren't sufficient. Any advice? Is this true? I have a friend willing to be a sponsor, however, now my wife and my situation is getting more complicated. I wish I was still working as a GM of a restaurant, like I was in 2012, but at that time I was clocking in over 65 hours a week between the super job and being a head chef.

Thanks,

Chubby and Cutie.

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Yes Id imagine you will have to have a co-sponsor. Having an apartment worth $4000 isn't an income. USCIC and the goverment need to see actual income figures to prove you can support your fiance.


View my K1 -> ROC Timeline

*Filed I-129F - 21st October 2011* *Applied for SSN - 8th June 2012* *Filed I-751 (arrived) - 26th March 2015

*NOA1 - 28th October 2011* *Filed for AOS, EAD & AP - 26th June 2012* * Check cashed - 30th March 2015
*NOA2 (no RFE) - 26th January 2012* *AOS, EAD, & AP arrive at Chicago Lockbox - 28th June 2012* NOA1 - 26th March 2015 (arrived 3/4/15)

*Packet 3 sent - 27th February 2012* *Email notification of receipt - 3rd July 2012* *No biometrics letter - Service Request submitted 5/4/15
*Medical - February 28th 2012* *Check cashed - 7th July 2012* *Still no biometrics letter - 2nd Service Request submitted - 8/6/15
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*EAD/AP card in hand - 1st September 2012*
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I read at a site that housing can be counted as income...so my situation still doesn't work. If so bummers...although my close friend is willing to help, I do wish that my housing can be accounted for. Thank you for the replies, we will be researching!

Edited by Chubby&Cutie

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In the context of Affidavit of Support, the "Asset" is something that has quantifiable value

that you fully or partially own. In other words, you can liquidate it for cash.

Though you say, this apartment is "given" to you.

By "given", I think you meant, someone is kindly letting you leave their rent-free?

If so, that is "benefit" that you are receiving, and it's neither "income" or "asset".

Think of it in another way like this...

If your rich buddy owned an expensive golf course, and he let's you play there free of charge everyday.

And if each round typically costs $100, you couldn't count that as $100 income nor as an annual asset of

$100 x 356 days = $35,600. That's just freebie benefit.

That said, if you have "head chef" level of skills, it shouldn't be too difficult to

get over the required $20k or so income requirement...especially in NY

where the pay rate is much higher than rest of the nation.

My son attends college (Columbia Univ.) in NY and he earned nearly $20k working part time

while going to school full-time.

At the worst, find a co-sponsor.


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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Hello all,

I am a building super in NYC since 2011. In exchange for salary, I am given an apartment that is worth over $4000 a month in rent. It is in equivalent to 48k in income. My lawyer's office says that I still need a joint sponsor since that my w2's from 2011, 2013 aren't sufficient. Any advice? Is this true? I have a friend willing to be a sponsor, however, now my wife and my situation is getting more complicated. I wish I was still working as a GM of a restaurant, like I was in 2012, but at that time I was clocking in over 65 hours a week between the super job and being a head chef.

Thanks,

Chubby and Cutie.

The IRS considers this income and you should be declaring this on your tax return and paying taxes on this money. Since it would apprear that you are not claiming this as income on your tax return, then you will need to find a joint sponsor. Your other option is to file admended tax returns claiming the rent benefit as income and paying the taxes, penalty and interest you owe. Of course this will require the landlord to have to file the correct forms for you with the IRS--1099-MISC or they may be able to include it on your W2--and the IRS may suddenly take a closer look at their tax situation and yours.

Then your adjusted income would be well over the 125% of the poverty level, but you would have to pay taxes on it as you should. Think of it this way, you are making $48,000 in income that is going rgiht back to your employer for your living expenses. If you did not have the apartment paid for by your employer than you would need to use your income to make the rent payments. I do not know why your employer does not include this as a benefit of employment as it is a benefit of employment with a known monatary value. Employers that furnish a company car must report to the IRS as it is a taxable benefit. Your rent is a taxable benefit.

Dave

Edited by Dave&Roza

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