My situation -- what's the best course

[cognac 0]

Here's my situation in brief, and I'm looking for any kind of feedback or advice anyone has based on your past experience.

I lived in the Philippines for about a year and a half where I met my wife. During that time I was taking a break from work to write on personal projects. Well, now that I'm back in the US, I've picked back up with my consulting work, having just landed the job finally. I don't want to delay starting the spouse visa any more than we already have, but I'm concerned that because I just started the job and won't have any income on the tax return I'll have to submit, that this will cause problems in the process, like with the whole support issue. I certainly can send a copy of the offer letter showing what my salary will be, along with filing the I-130 and G325 forms. What do you think?

[sdw 10]

You will most likely need a co sponsor. You don't need to send in I864 until you at the NVC stage.

[VivaBaños 2]

Here's my situation in brief, and I'm looking for any kind of feedback or advice anyone has based on your past experience.

I lived in the Philippines for about a year and a half where I met my wife. During that time I was taking a break from work to write on personal projects. Well, now that I'm back in the US, I've picked back up with my consulting work, having just landed the job finally. I don't want to delay starting the spouse visa any more than we already have, but I'm concerned that because I just started the job and won't have any income on the tax return I'll have to submit, that this will cause problems in the process, like with the whole support issue. I certainly can send a copy of the offer letter showing what my salary will be, along with filing the I-130 and G325 forms. What do you think?

This is what I had done...included a letter of what I'd be paid (grad student fellowship) along with tax transcripts for 3 years. NVC accepted this. But the Consulate, at time of interview no less, informed us of the error and we were granted a 221g until an affidavit of support/co-sponsors could be produced. DHL screwed up the delivery so more than a week later we had the papers. But the point is we had to scramble at the Consulate stage to pull something together that NVC had approved (contract stating future earnings.)

Long story to say "what I will earn" does not matter. You must show what you have earned through tax records.

[payxibka 10,044]

Here's my situation in brief, and I'm looking for any kind of feedback or advice anyone has based on your past experience.

I lived in the Philippines for about a year and a half where I met my wife. During that time I was taking a break from work to write on personal projects. Well, now that I'm back in the US, I've picked back up with my consulting work, having just landed the job finally. I don't want to delay starting the spouse visa any more than we already have, but I'm concerned that because I just started the job and won't have any income on the tax return I'll have to submit, that this will cause problems in the process, like with the whole support issue. I certainly can send a copy of the offer letter showing what my salary will be, along with filing the I-130 and G325 forms. What do you think?

Your months ahead of yourself on the I-864 affidavit... It is not sent with the I-130 initially to the USCIS but later to NVC

[cognac 0]

So, I should just go ahead with initial filing and expect that later I'll probably have to have a co-sponsor when it gets to that stage.

[sdw 10]

yes final the inital paperwork so it gets moving. As well find someone to be a co sponsor so you have that in place when you get to that stage.

[OBX 51]

So, I should just go ahead with initial filing and expect that later I'll probably have to have a co-sponsor when it gets to that stage.

Yes, but you can familiarize yourself with the requirements and forms now so you know what to expect. The guides and shortcuts on VJ are an invaluable resource. Good luck.

http://www.visajourney.com/forums/index.ph...amp;page=guides

http://www.visajourney.com/wiki/index.php/...he_NVC_ShortCut

[christeen 966]

From the time you file the I-130, you have about 3-4 months wait to get to NVC... That is when the financial evidence is submitted... If you have been working during that time, you get a letter from your employer saying how much you earn and can project that for 2010... You also submit paystubs showing that you are earning that... If you are above the poverty level you can qualify or I would suggest that you get a co-sponsor... But you do not have to show income info for at least another 3-4 months...

[Darnell 8,478]

IMO - CURRENT ANNUAL SALARY AMOUNT trumps PRIOR YEAR ACCREUD INCOME, if PRIOR YEAR INCOME was minimal.

So, when it's time to file the I-864, get that employment letter from HR (or if yer a 1099 worker, a copy of the engagement contract ) - and file it.

Somehow, I think yer over 60K USD Annual Salary (thats a guess ) so I think you'll be OK.

Also, remember that 'accrued income' is not the same as 'annual salary', except on 31 DEC of each year, and even then, a NEW JOB with NEW Salary amount trumps prior year accrued income.

[VivaBaños 2]

IMO - CURRENT ANNUAL SALARY AMOUNT trumps PRIOR YEAR ACCREUD INCOME, if PRIOR YEAR INCOME was minimal.

So, when it's time to file the I-864, get that employment letter from HR (or if yer a 1099 worker, a copy of the engagement contract ) - and file it.

Somehow, I think yer over 60K USD Annual Salary (thats a guess ) so I think you'll be OK.

Also, remember that 'accrued income' is not the same as 'annual salary', except on 31 DEC of each year, and even then, a NEW JOB with NEW Salary amount trumps prior year accrued income.

This is also what I believed, but it did not hold true in our case. My current salary (at that time) was NOT accepted as sufficient even though it was over the requirement. NVC accepted my HR letter, but at the Consulate that was dismissed. They used my tax returns from the previous year (when I did not make enough to apply as a solo sponsor) and thus required us to present information from a Co-sponsor.

I mention this just to reiterate that this approach doesn't work for everyone (presenting current salary with HR letter).

Edited February 5, 2010 by VivaBaños

[Darnell 8,478]

VivaBaños - OUCH !

[SunDrop 59]

NVC accepted my HR letter, but at the Consulate that was dismissed.

Whilst not denying your situation occurred, it should be noted it was the consulate in Ecuador, who I believe are notoriously difficult to please?

OP, you really need to ask in the PI regional forum, to get information from people who have been through the process at YOUR embassy/ consulate. It really seems dependent on the individual quirks of the local consulate. Some accept co-sponsors, others don't. Some require historical evidence of sufficient evidence, most are happy to go with what you currently earn/ projected earnings.

[cognac 0]

Thanks everyone for the feedback. It's greatly appreciated.

Darnell: yes, your guess is correct, but on the low side. My yearly income would dwarf anything that any of my potential co-sponsors could contribute, so I would hope that's taken into account.

Sundrop: Thank you. I will post the question in the Philippines forum.