Hit a major snag... it may be over

[Amyyduck 20]

Definitely do not give up hope. Brokenfamily made some good suggestions. Try getting your ex to agree to make the payments directly to you rather than paying your mortgage. Try using any and all assets you and your fiance have. And don't give up on trying to find a co-sponsor. Pull strings, call in favors, do whatever you have to do. Have you tried explaining the situation to them? It's a scary thing to be asked to sign a legal document making you financially responsible for someone else, but they'd only be responsible to reimburse the government if your fiance ever received means tested benefit. It you spell it out that way, it seems a bit less daunting. Maybe it would help. Have you tried asking your boss? Any co-workers? Your friends, relatives, neighbors, church-leaders, your ex, friends of friends, anyone at all?

Does your fiance have a job lined up for when he moves here? If he does, he could have a contract drawn up and I've heard that sometimes that can work to make up the difference for the requirement.

Last and worst case scenario, I don't know your situation, and I'm assuming that this wouldn't be ideal. But have you thought about you moving to the UK to be with your fiance? I don't know for sure the requirements but it could be a possibility, at least to look into if this doesn't work out.

Most of all just don't give up hope. We're all rooting for you!

[Used to be broken 143]

We've hit a major major snag and things may have to be called off because of it. Even though I work 7 days a week at 2 jobs and get a hefty child support payment a month, I still don't make enough for a family of 4.

I am self employed. This year I will make about $23,000.00. I also work another job that I make about $15,000.00 a year at. I also get $1600.00 a month in child support. Yep, sounds great doesnt it? Here's the problem:

1. Because I am self employed I have to count my income as what I make AFTER business expenses. Well, when you are self employed there are A LOT of expenses. So that cuts that income in about half.

2. My ex pays my mortgage every month instead of giving me the cash directly. It's a verbal agreement we have. He has written a letter stating that he is obligated to pay me $1600.00 a month but in lieu of cash, he pays the mortgage. It has been signed by both of us an notarized. But because of this I cannot count his support as income.

3. Even though I technically make over $50,000.oo a year I still don't make the $125% over poverty to support a family of 4.

4. I am an only child so I have no siblings who would co-sponsor. And my parents are retired and wouldn't even cosign a car loan for me. They've always been the type of parents who insist on me making it on my own.

My fiance and I are devastated. If anyone has any suggestions, please help. I don't want to lose this dream because of this.

thank you,

Lori

Is the real issue you are trying to skirt around "under reporting" of income on your tax return? (because of 125% is only $27,563.) So your gross exceeds that.

I would think you have a shot with consular on the I864 issue if your fiance is currently employed and paying taxes there and can actually correspond with someone here and get a job offer in hand stating amount of money they will pay when he is hired. And if he is currently working now isn't it combined income at the time of application not anticipated future income?

Not sure what the EAD requirments are when he comes here, if you get married here.. and wait to adjust status. If there is already and approved petition this might be risky way of doing it.

[Deputy Purple 1,294]

If he is paying your child support of $1600 a month and you arent claiming it, then you should. It doesnt matter if he is paying you directly or if he pays your mortgage. As long as the mortgage is in your name you should be fine. you just need to alter two things, right him a reciept dated for when he made your mortgage payments, and claim in on your next years taxes or amend your previous years taxes. i would go with amending your previous years taxes depending on when you filed your visa.

Child Support isn't taxable income as the Payer has already paid income taxes on it (it doesn't count as a deduction for them).

Edited October 11, 2010 by Bob 4 Anna

[LoriT 16]

I've thought about moving there. But it would mean leaving my children. I can't do that.

I just left a message with my ex to ask about him paying me directly. We'll see how that goes.

I have one hope left for a co-sponsor. We'll see what happens there as well.

Thank you

[LoriT 16]

brokenfamily...

no, i did not under report my income. I am very honest with what I make. I am a pet sitter. I take care of pets when people are on business trips, vacations or work long hours. Many of my clients write me off as a business expense so I give them receipts for my services. I have always prided myself on being honest and reporting every single cent I make. And what I wrote off were legitimate write offs. All had receipts to accompany them. The problem is that according to a fellow poster, your self employed income is NOT your gross income but the income that is on line 22 of your tax return. That is the income AFTER all business expenses are taken out. I go through over $120 a week in gas, had major repairs done on my car, advertising expenses, cell phone etc. All of those things are legitimately written off.

[Boiler 43,715]

K1 London

Why does he not self sponsor?

[LoriT 16]

I was not aware that was an option. Could you please explain how that works? Thank you

[Nik+Heather 121]

I was not aware that was an option. Could you please explain how that works? Thank you

London has let K-1 applicants "self sponsor" by showing enough of their own assets to support themselves. Just be aware that the I-134 allows a lot more consular discretion than the I-864 does, so you'll want to make sure that you're not simply delaying your problem. So if your fiance is going to sell his house or something the profits could be used to show that he won't become a public burden. Then, when you're married, the whole what's mine is yours thing kicks in and it may also be enough to get you over the income shortfall.

[lucky Jimmy 7]

you said you own your own home and car. get an appraisal of your home and deduct any mortgage amount. Get a value for your car and maybe you will be over the 3 times the 125% poverty rate. I am using assets for my I-130. It isn't difficult.

[LoriT 16]

Thank you... I think the I-134 is probably the best way to go. Along with trying to find a co-sponsor.

I will write a letter outlining my income and where it comes from. I will have a record of all deposits made. I will have pay stubs and a letter from my other employer. I will have the letter from my ex stating that he does pay my mortgage. I will have the divorce decree showing exactly what amount he pays. I will have a letter and contract if possible from my fiancé's future employer. I will have past tax returns. I will arm myself with everything I have.

And after I've done all I can do, and they still decide turn us down then I just move forward, one step at a time. Wait until my children are grown and move to the United Kingdom.

Thank you for all your help, your straightforwardness, your advice, your support and your comments.

Sincerely,

Lori

[Rob and Jill 82]

I think the I-134 is probably the best way to go. Along with trying to find a co-sponsor.

Why is trying to find a co-sponsor the best way to go? Use your assets...unless you don't have any equity in the house or you have a snafu from your divorce agreement that keeps you from selling the house.

[LoriT 16]

Honestly... just before the housing market crashed my ex and I did a $60,000 remodel on our home. In the past 5 years our house has decreased in value by over $150,000.00. That is the main reason we haven't sold the house since the divorce. We wouldn't get anything out of it.

[Boiler 43,715]

I was not aware that was an option. Could you please explain how that works? Thank you

Not a lot of money involved, just enough to see you over the 90 days. See what their current number is, my numbers are old and may have changed.

[MikeInWyoming 2]

You say your Ex is paying the mortgage in lieu of child support and that the provision is voluntary - and therefore you can not claim it.

First, if the court ordered Child Support, (and I'll be amazed if they didn't), then you have a court order. You can provide additional documentation about the method of payment, i.e. the mortgage and document that he is meeting his court ordered responsibility in that method.

Second, if you don't have court ordered child support, go back and get it. Such things need to be done and the court that failed to provide for it was in error.

Third, if the mortgage is in excess of the court ordered amount, ask the court to ammend your divorce agreement to stipulate the payment of the mortgage as the means of support.

You are claiming a family of four, but you are not reporting the full income for it because you assume it is not reportable. It is. Just as the support might not continue if your ex dies, loses his income or just gets squirrelly, you might not have a job next year. The USCIS and the State Department are looking BACK, not forward. They know the future can not be perectly guaranted. The look back to get an indication of the future.

Fourth, for all those who aren't self employed, it is hard to understand the situation. her actual income was NOT what this person was reporting as her income. The gross business income is not her real income. Her real income is the business net after business expenses and dedcutons, which may account for 100% or more of the gross. In essense, her reporting the gross business income is meaningless. There may be no net, or next to none.

If the business is in the negative column, or close to it, close it. The 1600 + the second job ought to get you close and if the first is that much of a money loser, a new primary wage job will plug the hole - meaning a delay but not the end.

[Lucy NY 1]

Hi Lori,

I dont have huge amounts of input too add to the thread in terms of advice on money/taxes etc but wanted to send u big hugs in a difficult time. I am sure not all is lost and there is a way around it. There must be.

Fight for everything u guys have achieved and dont give up, it will work and there will be a way around it.

Luc x