I-134 / Sponsor Requirements to Verify Income

[fpc95 0]

Hello,

My brother will co-sponsor for me since i will not be able to verify my income due to the start up of my new business. He files his tax returns "jointly" with his wife and has an accountant prepare these professionally. I am confident they are correct, but the packet they send to the IRS is pretty large. Since this is a joint return his wifes name is also on the return, but my brother is the only one helping me with the sponsorship. Each page of the ruturn has both names including the page that shows their rental income from their apartment building. The rental income is "only" my brothers income and I need to make sure at the interview they see that as "his" income and not joint income or her income. Below is what we are putting together....please tell me if i need to do anything else to prove his income and job status. Your help is very very appreciated!

1:) I-134 Form

2:) W2 Form

3:) Complete 2009 Joint Tax Return

4:) Letter of employment verification from Employer

5:) Last 3 pay stubs from employer

6:) Deed to his home to prove he owns the Apartment building "Solely" and that the income on the Tax Return should be credited to just him.

If there is anything i am missing or anything i need to add I would like to know so we can pull this off. Interview is so close now .

Thanks!!!

[Dodi 69]

You should be fine with that. You'll also need a copy of his birth certificate or info-page in his passport to prove US Citizenship.

Good luck!

[fpc95 0]

You should be fine with that. You'll also need a copy of his birth certificate or info-page in his passport to prove US Citizenship.

Good luck!

Thank you! I do have a copy of his Birth Certificate, but did forget to include that in my list. I appreciate your response.

Chris

[JimVaPhuong 4,863]

Does he absolutely need the income from his rental property in order to qualify? I ask because this may be a gray area.

In a community property state, the apartments would be considered "separate property" if he owned them before the marriage, but the income from the rentals would be considered a community asset because it was obtained after the marriage. I've seen similar circumstances where someone owned a home outright when they entered a marriage, but their spouse made a claim against the increase in the home's equity during the marriage. A US consulate isn't a divorce court, and rather than try to sort this out the consular officer might just choose to disregard the rental income. The joint tax return muddies the waters, and the I-134 doesn't provide any way to clearly define what belongs to whom. If he clearly qualifies on his W2 income alone, then it will be an easy decision for the CO.

[fpc95 0]

Does he absolutely need the income from his rental property in order to qualify? I ask because this may be a gray area.

In a community property state, the apartments would be considered "separate property" if he owned them before the marriage, but the income from the rentals would be considered a community asset because it was obtained after the marriage. I've seen similar circumstances where someone owned a home outright when they entered a marriage, but their spouse made a claim against the increase in the home's equity during the marriage. A US consulate isn't a divorce court, and rather than try to sort this out the consular officer might just choose to disregard the rental income. The joint tax return muddies the waters, and the I-134 doesn't provide any way to clearly define what belongs to whom. If he clearly qualifies on his W2 income alone, then it will be an easy decision for the CO.

Thank you for this good info also. He clears the bar by about 1k with his W2, but the rental income puts him significantly above the threshhold. I just wanted to be "significantly" above the threshold to make sure we are approved until i can verify my income. I have my fingers crossed

Thanks

Chris

[Gary and Alla 3,694]

Hello,

My brother will co-sponsor for me since i will not be able to verify my income due to the start up of my new business. He files his tax returns "jointly" with his wife and has an accountant prepare these professionally. I am confident they are correct, but the packet they send to the IRS is pretty large. Since this is a joint return his wifes name is also on the return, but my brother is the only one helping me with the sponsorship. Each page of the ruturn has both names including the page that shows their rental income from their apartment building. The rental income is "only" my brothers income and I need to make sure at the interview they see that as "his" income and not joint income or her income. Below is what we are putting together....please tell me if i need to do anything else to prove his income and job status. Your help is very very appreciated!

1:) I-134 Form

2:) W2 Form

3:) Complete 2009 Joint Tax Return

4:) Letter of employment verification from Employer

5:) Last 3 pay stubs from employer

6:) Deed to his home to prove he owns the Apartment building "Solely" and that the income on the Tax Return should be credited to just him.

If there is anything i am missing or anything i need to add I would like to know so we can pull this off. Interview is so close now .

Thanks!!!

On his I-134 he should state what HIS income is, if that is ALL the income from the apartment building, that is fine. BUT gross revenues of a business or rental property do NOT count as income. They will credit him for the portion of income that is his that appears on line 22 of the 1040. I can tell you this. I have owned rental properties in the past and never showed any "income" from them. All income was written off in the form of expenses and/or depreciation. My rental properties always showed a LOSS which was deducted from my other income. If he is using a professional tax preparer, my guess is that his tax return is similar. They do not care how much money his BUSINESS makes, they want to know how much money HE makes.

The portion of income on line 22 of his tax return belonging to HIM is the amount of income to enter on the I-134.

[fpc95 0]

On his I-134 he should state what HIS income is, if that is ALL the income from the apartment building, that is fine. BUT gross revenues of a business or rental property do NOT count as income. They will credit him for the portion of income that is his that appears on line 22 of the 1040. I can tell you this. I have owned rental properties in the past and never showed any "income" from them. All income was written off in the form of expenses and/or depreciation. My rental properties always showed a LOSS which was deducted from my other income. If he is using a professional tax preparer, my guess is that his tax return is similar. They do not care how much money his BUSINESS makes, they want to know how much money HE makes.

The portion of income on line 22 of his tax return belonging to HIM is the amount of income to enter on the I-134.

Wow, ok...better to know and understand all this then learn the hard way after the fact. His w2 income will meet the threshhold so as long as they don't mind it barely clearning the bar then we should be ok. I will be able to show a significant savings account, but not 5x 125% and my business won't show a profit until the next tax year. I will provide all that information as well for them to review. I dont post that often, but i read your posts frequently. Thank you for being such such an informed poster. Have a good weekend.

Chris

[Gary and Alla 3,694]

Wow, ok...better to know and understand all this then learn the hard way after the fact. His w2 income will meet the threshhold so as long as they don't mind it barely clearning the bar then we should be ok. I will be able to show a significant savings account, but not 5x 125% and my business won't show a profit until the next tax year. I will provide all that information as well for them to review. I dont post that often, but i read your posts frequently. Thank you for being such such an informed poster. Have a good weekend.

Chris

I am not sure. Lets say his W-2 income is $25,000, which is barely enough, for example. But then he has a $20,000 LOSS from his rental property (one of the reasons for doing rental property is for getting these tax deductions) so his line 22 TOTAL income is $5,000. He does not qualify, not even close. Losses from reals etstae and businesses are deducted from income before calculating line 22. While his tax accountant diligently and legally saved your brother thousands in taxes...he torpedoed any ability for him to be your co-sponsor. Sort of.

He can state CURRENT income, which is what the I-134 asks for, as that which he makes from his w-2 job and attach pay stubs as evidence. Last years tax return is not so important really. You do not need to qualify with last years income, you qualify with CURRENT income. For that matter YOU could qualify with current income if you can verify it with bank deposits to your PERSONAL account, for example. A bank letter would do this. For a self employed person, bank statements and letters are better evidence than tax returns. You can also show profit and loss statements, preferably from an independent accountant, that show your business currently making a profit which is going to you.

Also, his family size will be himself and any dependent children claimed on his tax return (even if it is a joint return) and your fiancee, PLUS any dependent children from a previous marriage for example, that are not counted on his tax return. His wife is an adult US citizen and unless she is handicapped or otherwise disabled she is NOT counted in his family size for the I-134. (she would be for the I-864, but then her income could also count, different form) If she is an immigrant and suject to an I864, then she DOES count in his family size

Edited July 24, 2010 by Gary and Alla

[Darnell 8,478]

I thought that for 'joint-returns' must have both spouses sign something with the I-134, and also show marriage certificate copy?

Or maybe I'm confoozled..

[Gary and Alla 3,694]

I thought that for 'joint-returns' must have both spouses sign something with the I-134, and also show marriage certificate copy?

Or maybe I'm confoozled..

Maybe. No such thing is required. An I-134 is a single person document. If a joint tax return the co-sponsor must delineate their income from the other person.

[Larysa 0]

Hi I thought I'd add to this since I have questions for the section. My father will be co sponsoring my fiance who is from Ireland.

The evidence I have is:

I-134 form ( One for me the petitioner and one for my dad, the co sponsor)

Letter from my fathers' employer

3 yrs of tax returns

A signed letter from my dad stating why he is willing to co sponsor my fiance

Birth certificate ( both mine and my fathers)

Is there anything else that would be helpful? Does anyone know if Ireland is one of the countries that doesn't accept co sponsors? I have seen some countries that say they don't accept co sponsorship

Please any info would be amazing! Thanks

[newlyweds2010 208]

In a community property state, profits from a separate property asset are separate property, no matter when they are earned. Therefore, the rentals from his apartment (provided that the apartment is his separate property) will be his money only.

[Larysa 0]

Hi I thought I'd add to this since I have questions for the section. My father will be co sponsoring my fiance who is from Ireland.

The evidence I have is:

I-134 form ( One for me the petitioner and one for my dad, the co sponsor)

Letter from my fathers' employer

3 yrs of tax returns

A signed letter from my dad stating why he is willing to co sponsor my fiance

Birth certificate ( both mine and my fathers)

Is there anything else that would be helpful? Does anyone know if Ireland is one of the countries that doesn't accept co sponsors? I have seen some countries that say they don't accept co sponsorship

Please any info would be amazing! Thanks

Oops. corrections. 3 years tax transcripts and last 3 pay stubs from my father. And my father makes 100,000 a year for 4 dependents....is this evidence sufficient?

Edited July 25, 2010 by Larysa