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I-134 / Sponsor Requirements to Verify Income

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Filed: K-1 Visa Country: China
Timeline

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!!!


Our Journey

8/15/2008............First Emails to each other

4/09/2009............1st Time we met in Hong Kong (10 Days)

7/04/2009............2nd Time we met in Hong Kong (10 Days)

9/30/2009............3rd Time we met and traveled on vacation to Philippines (10 Days)

10/8/2009.............Engaged on Puka Shell Beach Boracay, Philippines

11/28/2009.........Sent I-129F

11/30/2009...........I-129F received at VSC

12/3/2009............Money Order Cashed

12/31/2009...........Called USCIS and changed address

12/31/2009...........NOA1 Information received (received late b/c I moved)

1/29/2010.............4th Trip to China (10 Days) Going to HK, GZ and Macau

5/3/2010..............5th Trip to China

5/18/2010.............Our first touch!!!

5/19/2010.............NOA2 received - I-129F APPROVED notification received via email!

5/27/2010.............NVC Received approved I-129F from VSC

5/28/2010.............I-129F Left NVC

6/3/2010...............I-129F Received at American Consulate in GUZ.

6/4/2010...............Received Packet 3

6/8/2010...............Packet 3 sent to American Consulate in GUZ.

7/15/2010.............Packet 4 received

8/2/2010...............Interview at 7:15am in GZ - WE GOT PINK....PASSED!!!!!

8/10/2010.............Picked up Visa in hand at the post office in GZ.

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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! :thumbs:


Angela & Peter

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K-1 Process (Condensed)

02/01/10: Took atty's bad advice and applied for B2 visa

02/16/10: B2 Visa Interview: DENIED - K1 Required

05/07/10: Atty sent I-129F Petition to Chicago Lockbox

05/31/10: Atty rec'd Petition back due to wrong location

06/01/10: I-129F pkg sent to VSC

06/11/10: NOA1 Rec'd/Touch

09/17/10: INTERVIEW = APPROVED

10/22/10: Marriage in the US

AOS Process

11/13/10: Mailed Packet to CHI Lockbox

11/18/10: NOA1 Rec'd via Text

11/20/10: Soc. Sec. fixed mistake/Processed SSN

11/23/10: Rec'd SSN

11/23/10: Touch

12/09/10: RFE - Supposedly didn't sign I-864 when I KNOW I did. (Copies to prove it.)

12/20/10: Biometrics Appt

12/20/10: RFE Response Rec'd/Processing Resumed

12/27/10: Transferred to CSC

12/29/10: Contacted Senator re: EAD Expedite Request

12/30/10: AOS Touch

12/30/10: EAD & AP Approved (Card Production Ordered)

01/05/11: AOS Touch (Rec'd @ CSC)

01/06/11: AOS Touch/EAD Mailed

01/08/11: EAD & AP Rec'd

01/10/11: AOS Touch

01/14/11: EAD Touch

01/26/11: AOS APPROVED!!

02/02/11: Green Card Received

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Filed: K-1 Visa Country: China
Timeline

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! :thumbs:

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


Our Journey

8/15/2008............First Emails to each other

4/09/2009............1st Time we met in Hong Kong (10 Days)

7/04/2009............2nd Time we met in Hong Kong (10 Days)

9/30/2009............3rd Time we met and traveled on vacation to Philippines (10 Days)

10/8/2009.............Engaged on Puka Shell Beach Boracay, Philippines

11/28/2009.........Sent I-129F

11/30/2009...........I-129F received at VSC

12/3/2009............Money Order Cashed

12/31/2009...........Called USCIS and changed address

12/31/2009...........NOA1 Information received (received late b/c I moved)

1/29/2010.............4th Trip to China (10 Days) Going to HK, GZ and Macau

5/3/2010..............5th Trip to China

5/18/2010.............Our first touch!!!

5/19/2010.............NOA2 received - I-129F APPROVED notification received via email!

5/27/2010.............NVC Received approved I-129F from VSC

5/28/2010.............I-129F Left NVC

6/3/2010...............I-129F Received at American Consulate in GUZ.

6/4/2010...............Received Packet 3

6/8/2010...............Packet 3 sent to American Consulate in GUZ.

7/15/2010.............Packet 4 received

8/2/2010...............Interview at 7:15am in GZ - WE GOT PINK....PASSED!!!!!

8/10/2010.............Picked up Visa in hand at the post office in GZ.

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Filed: K-1 Visa Country: Vietnam
Timeline

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.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: K-1 Visa Country: China
Timeline

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


Our Journey

8/15/2008............First Emails to each other

4/09/2009............1st Time we met in Hong Kong (10 Days)

7/04/2009............2nd Time we met in Hong Kong (10 Days)

9/30/2009............3rd Time we met and traveled on vacation to Philippines (10 Days)

10/8/2009.............Engaged on Puka Shell Beach Boracay, Philippines

11/28/2009.........Sent I-129F

11/30/2009...........I-129F received at VSC

12/3/2009............Money Order Cashed

12/31/2009...........Called USCIS and changed address

12/31/2009...........NOA1 Information received (received late b/c I moved)

1/29/2010.............4th Trip to China (10 Days) Going to HK, GZ and Macau

5/3/2010..............5th Trip to China

5/18/2010.............Our first touch!!!

5/19/2010.............NOA2 received - I-129F APPROVED notification received via email!

5/27/2010.............NVC Received approved I-129F from VSC

5/28/2010.............I-129F Left NVC

6/3/2010...............I-129F Received at American Consulate in GUZ.

6/4/2010...............Received Packet 3

6/8/2010...............Packet 3 sent to American Consulate in GUZ.

7/15/2010.............Packet 4 received

8/2/2010...............Interview at 7:15am in GZ - WE GOT PINK....PASSED!!!!!

8/10/2010.............Picked up Visa in hand at the post office in GZ.

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Filed: Citizen (apr) Country: Ukraine
Timeline

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.


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

Gary And Alla

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Filed: K-1 Visa Country: China
Timeline

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


Our Journey

8/15/2008............First Emails to each other

4/09/2009............1st Time we met in Hong Kong (10 Days)

7/04/2009............2nd Time we met in Hong Kong (10 Days)

9/30/2009............3rd Time we met and traveled on vacation to Philippines (10 Days)

10/8/2009.............Engaged on Puka Shell Beach Boracay, Philippines

11/28/2009.........Sent I-129F

11/30/2009...........I-129F received at VSC

12/3/2009............Money Order Cashed

12/31/2009...........Called USCIS and changed address

12/31/2009...........NOA1 Information received (received late b/c I moved)

1/29/2010.............4th Trip to China (10 Days) Going to HK, GZ and Macau

5/3/2010..............5th Trip to China

5/18/2010.............Our first touch!!!

5/19/2010.............NOA2 received - I-129F APPROVED notification received via email!

5/27/2010.............NVC Received approved I-129F from VSC

5/28/2010.............I-129F Left NVC

6/3/2010...............I-129F Received at American Consulate in GUZ.

6/4/2010...............Received Packet 3

6/8/2010...............Packet 3 sent to American Consulate in GUZ.

7/15/2010.............Packet 4 received

8/2/2010...............Interview at 7:15am in GZ - WE GOT PINK....PASSED!!!!!

8/10/2010.............Picked up Visa in hand at the post office in GZ.

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Filed: Citizen (apr) Country: Ukraine
Timeline

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 by Gary and Alla

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

Gary And Alla

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Filed: IR-1/CR-1 Visa Country: China
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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..


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Filed: Citizen (apr) Country: Ukraine
Timeline

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.


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

Gary And Alla

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Filed: AOS (apr) Country: Ireland
Timeline

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


"When love is not madness, it is not love" -Pedro Calderon de la Barca

Lucky in Love <3

K-1 Visa

Service Center : California Service Center

I-129F Sent : April 28th 2010

I-129F Received : April 30th 2010

Check cashed and in Initial Review : May 3rd 2010

I-129F NOA1 Hard Copy : May 4th 2010

Touched: May 5th 2010

I-129F RFE(s) : None!

I-129F NOA2 : July 19th 2010

NVC Received : July 23rd 2010

NVC Left : July 26th 2010

Consulate Received : July 29th 2010

Packet 3 Received : July 30th 2010

Packet 3 Sent : August 18th,2010

Medical Exam : August 17th 2010

Packet 4 Received :August 25th 2010

Interview Date : September 21st 2010

Interview Result : APPROVED! ( at 5 months exactly)

Visa Received : October 4th 2010

US Entry : October 18th 2010

Marriage : November 20th 2010

Filed AOS and EAD: December 8th 2010

NOA date for AOS and EAD: December 15th 2010

Biometrics Appointment: January 14th 2010

EAD Approved:February 12 20111

EAD Card Received: February 22 2011

Adjustment of Status Approved: February 17th 2011

Green Card Received: February 24th 2011

Simon Got A Job!!: March 2011

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Filed: Citizen (apr) Country: Italy
Timeline

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.

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Filed: AOS (apr) Country: Ireland
Timeline

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 by Larysa

"When love is not madness, it is not love" -Pedro Calderon de la Barca

Lucky in Love <3

K-1 Visa

Service Center : California Service Center

I-129F Sent : April 28th 2010

I-129F Received : April 30th 2010

Check cashed and in Initial Review : May 3rd 2010

I-129F NOA1 Hard Copy : May 4th 2010

Touched: May 5th 2010

I-129F RFE(s) : None!

I-129F NOA2 : July 19th 2010

NVC Received : July 23rd 2010

NVC Left : July 26th 2010

Consulate Received : July 29th 2010

Packet 3 Received : July 30th 2010

Packet 3 Sent : August 18th,2010

Medical Exam : August 17th 2010

Packet 4 Received :August 25th 2010

Interview Date : September 21st 2010

Interview Result : APPROVED! ( at 5 months exactly)

Visa Received : October 4th 2010

US Entry : October 18th 2010

Marriage : November 20th 2010

Filed AOS and EAD: December 8th 2010

NOA date for AOS and EAD: December 15th 2010

Biometrics Appointment: January 14th 2010

EAD Approved:February 12 20111

EAD Card Received: February 22 2011

Adjustment of Status Approved: February 17th 2011

Green Card Received: February 24th 2011

Simon Got A Job!!: March 2011

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