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Filed: K-1 Visa Country: Germany
Timeline
Posted

Hi everybody,

my fiance is getting all the stuff together for the affidavit of support. He is an on-site resident manager and his base rent is $925.00, with an automatic rent reduction of $490.00. He is also credited $15.00/hour for additional work performed which goes towards the remanding rent balance. The credit he receives for additional work surpasses the remaining rent due, after automatic rent deduction, giving him a monthly salary of $925.. Now he found this: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Can free housing be counted as income?

Yes. Sponsors who receive housing and other benefits in place of salary may count those benefits as income. The sponsor may count income that is not subject to taxation (such as housing allowance), as well as taxable income. The sponsor would have to prove the nature and amount of any income that is not included as wages or salary or other taxable income. Evidence of such income can be shown through notations on the W-2 Form (such as Box 13 for military allowances), Form 1099 or other documents that show the claimed income.

Does anyone have experience with that? Is that true?

This information is related to the I-864 form and it is from October 2006. So we are not sure whether it also applies to the I-134 form and if it's still valid.

Thanks for your help!

9/21/2009 - Sent I-129F package to CSC

9/25/2009 - NOA 1

9/29/2009 - Touched

12/21/2009 - Touched

12/22/2009 - NOA 2 Approved!! :)

12/31/2009 - NVC received our case

01/07/2010 - Consulate mailed package 3 (never received)

01/19/2010 - Consulate mailed package 3 again

01/23/2010 - Package 3 received

01/23/2010 - Package 3 sent

01/26/2010 - Medical

01/29/2010 - Package 3 arrived at consulate

02/03/2010 - Package 4 received

02/16/2010 - Interview - Approved!!!!

03/26/2010 - Visa received

04/01/2010 - POE Seattle

05/22/2010 - Wedding <3

06/30/2010 - AOS package sent (including AP & EAD)

07/09/2010 - NOA 1 AOS/EAD/AP

08/03/2010 - Biometrics

08/28/2010 - AP received

09/03/2010 - EAD received

09/21/2010 - AOS interview - Approved :-)

10/01/2010 - Greencard received in mail

08/08/2012 - Mailed I-751 package to California Service Center

08/15/2012 - I-751 package delivered

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Hi everybody,

my fiance is getting all the stuff together for the affidavit of support. He is an on-site resident manager and his base rent is $925.00, with an automatic rent reduction of $490.00. He is also credited $15.00/hour for additional work performed which goes towards the remanding rent balance. The credit he receives for additional work surpasses the remaining rent due, after automatic rent deduction, giving him a monthly salary of $925.. Now he found this: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Can free housing be counted as income?

Yes. Sponsors who receive housing and other benefits in place of salary may count those benefits as income. The sponsor may count income that is not subject to taxation (such as housing allowance), as well as taxable income. The sponsor would have to prove the nature and amount of any income that is not included as wages or salary or other taxable income. Evidence of such income can be shown through notations on the W-2 Form (such as Box 13 for military allowances), Form 1099 or other documents that show the claimed income.

Does anyone have experience with that? Is that true?

This information is related to the I-864 form and it is from October 2006. So we are not sure whether it also applies to the I-134 form and if it's still valid.

Thanks for your help!

unfortunately the I-134 is reviewed at the consulates so there are maybe 140 different versions of the truth.... generally speaking the consulates will consider income similarly to the I-864... however they are not required to do so and can make there own decision.

You may wish to ask the consulate directly

moving thread to consulate forum

YMMV

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
unfortunately the I-134 is reviewed at the consulates so there are maybe 140 different versions of the truth.... generally speaking the consulates will consider income similarly to the I-864... however they are not required to do so and can make there own decision.

You may wish to ask the consulate directly

moving thread to consulate forum

True. There are no specific guidelines for the I-134. At any rate, you would certainly need to verify the housing is received and ascertain a value, in writing, from his employer. I would also suggest, if possible, to negotiate a different arrangement, ie. PAY him the income and have him pay rent, thoiugh to do so will cost both him and his employer in taxes.

The problem is, and may be, that by granting him a "credit" for this, it is unwittingly discriminating against someone else who has little or no housing cost...either because a home is paid for or in the case of someone living at home with parents. why shouldn't a student that lives at home and makes $12,000 per year in a part time job be allowed to qualify because they have free housing also? Generally ones expenses or lack thereof are not part of the equation. Housing allowances (which iI suggest above) are a differnet matter enitrely, it is actually money paid to the person for the specific use of housing and IS counted as income.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
Hi everybody,

my fiance is getting all the stuff together for the affidavit of support. He is an on-site resident manager and his base rent is $925.00, with an automatic rent reduction of $490.00. He is also credited $15.00/hour for additional work performed which goes towards the remanding rent balance. The credit he receives for additional work surpasses the remaining rent due, after automatic rent deduction, giving him a monthly salary of $925.. Now he found this: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Can free housing be counted as income?

Yes. Sponsors who receive housing and other benefits in place of salary may count those benefits as income. The sponsor may count income that is not subject to taxation (such as housing allowance), as well as taxable income. The sponsor would have to prove the nature and amount of any income that is not included as wages or salary or other taxable income. Evidence of such income can be shown through notations on the W-2 Form (such as Box 13 for military allowances), Form 1099 or other documents that show the claimed income.

Does anyone have experience with that? Is that true?

This information is related to the I-864 form and it is from October 2006. So we are not sure whether it also applies to the I-134 form and if it's still valid.

Thanks for your help!

Note that it must be housing in lieu of payment (housing allowance) and listed as such on w-2s or 1099s. Therein lies the difference. Just giving an apartment as a "benefit" does not count. No more than medical insurance or paid vacation. It can only be considered income if stated as such (even if untaxable) on reported documents.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

 
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