1-864 - Previous 1 yr. tax return or 3 for self employed

[C-Lee 0]

Hello there~

I am considering starting a K1 visa application for my Thai boyfriend Mai. I own a retail store in Lake Tahoe specializing in South East Asian handicrafts and have spent the last 11 years traveling back and forth to Thailand. I am in the U.S 7 months a year and Thaiand 5 months. For 10 years now, and have rented the same house in Bangkok for 7 years. He doesn't really need or want U.S citizenship, but he will never qualify for a tourist visa as an artist, and it's not like I can sponsor him for one as his girlfriend. If he wants to ever set foot on U.S soil and meet my family and see my home and shop here our only way is a K1 visa. Then it looks like we'll both have to be here at least 6 months of the year for the next chunk of time until this mountain of paperwork we're about to embark on, fee's, appointments, and worries have come to an end. Really to bad he couldn't just come and be in the U.S two months a year during rainy season.... but the U.S sure doesn't make that very easy!

So here's my big question~

When filing the I-864 and you're self employed are they looking at only the most recent years tax returns or the last three. This will make a big difference to me as Last year we were fine but 3 years ago our numbers were not strong enough to qualify. Although the shop brought in 80,000 U.S in gross sales we had enough write-offs that the adjusted gross income was below 18,000... or the minimum poverty guideline. So does that mean we would not qualify?

It looks as if they definitely only need one year with the 1-134 and nothing with the 129F

am I correct with my information here? I found this below on the USCIS site and they seem to say you only need one year with the 1-864~

All sponsors must submit the following documentation with their I-864:

• Proof of current employment or self employment

• A photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, or an explanation if it is not submitted. Your W-2s and/or 1099 forms may also be required, see the I-864 instructions for details.

You may also, at your option, submit a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax returns for your second and third most recent tax years if you believe these additional tax returns may help you establish the ability to maintain your household income at the governing threshold set forth in Form I-864P, Poverty Guidelines.

Thank you for your help with this matter. I would especially like to hear from any self employed people in this area or anyone who has any advice for people with business's with large write-offs.

Thank you~

Christy Lee

Edited October 8, 2011 by C-Lee

[Ning 619]

Hello there~

I am considering starting a K1 visa application for my Thai boyfriend Mai. I own a retail store in Lake Tahoe specializing in South East Asian handicrafts and have spent the last 11 years traveling back and forth to Thailand. I am in the U.S 7 months a year and Thaiand 5 months. For 10 years now, and have rented the same house in Bangkok for 7 years. He doesn't really need or want U.S citizenship, but he will never qualify for a tourist visa as an artist, and it's not like I can sponsor him for one as his girlfriend. If he wants to ever set foot on U.S soil and meet my family and see my home and shop here our only way is a K1 visa. Then it looks like we'll both have to be here at least 6 months of the year for the next chunk of time until this mountain of paperwork we're about to embark on, fee's, appointments, and worries have come to an end. Really to bad he couldn't just come and be in the U.S two months a year during rainy season.... but the U.S sure doesn't make that very easy!

So here's my big question~

When filing the I-864 and you're self employed are they looking at only the most recent years tax returns or the last three. This will make a big difference to me as Last year we were fine but 3 years ago our numbers were not strong enough to qualify. Although the shop brought in 80,000 U.S in gross sales we had enough write-offs that the adjusted gross income was below 18,000... or the minimum poverty guideline. So does that mean we would not qualify?

It looks as if they definitely only need one year with the 1-134 and nothing with the 129F

am I correct with my information here? I found this below on the USCIS site and they seem to say you only need one year with the 1-864~

All sponsors must submit the following documentation with their I-864:

• Proof of current employment or self employment

• A photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, or an explanation if it is not submitted. Your W-2s and/or 1099 forms may also be required, see the I-864 instructions for details.

You may also, at your option, submit a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax returns for your second and third most recent tax years if you believe these additional tax returns may help you establish the ability to maintain your household income at the governing threshold set forth in Form I-864P, Poverty Guidelines.

Thank you for your help with this matter. I would especially like to hear from any self employed people in this area or anyone who has any advice for people with business's with large write-offs.

Thank you~

Christy Lee

The way I read this it sounds like you are happy with the B F situation as it is. It sounds like the K 1 which requires you to marry within 90 days will result in a marriage that you would really not have undertaken but are doing so to enable you to operate your business while allowing him to visit.

If this is true you will have to be careful during the process that USCIS doesnt think that is what you are doing. You have the background that will allow you to get a K 1. I dont know much about business type visas but wonder if that might serve you better. You should consider posting a question related to those visa types to gather info before you decide.

For a K 1 you will submit a 134 form as part of the Packet 3. That along with at least one recent year tax transcript. Your income in 2010 or 2011 will be the most important aspect of the support criteria. The other more distant years wont be a factor but serve to show you were employed if you are asked to submit them. Thailand does not allow the use of co sponsors for K 1s in most cases.

Once you marry? you can file the AOS ( adjustment of status ) to obtain his green card & EAD card which allows him to work. During that process there is a point when you file the 864. In doing that you could, if needed, use a co sponsor.

Edited October 8, 2011 by Ning

[C-Lee 0]

Hi Ning ~

Oh..sorry, I guess I didn't make it clear. I want to marry Mai very much. We definitely plan on living our lives out together. I am now 44 and he is 39. The thing is we plan on settling in Chiang Mai probably 10 yrs from now so obtaining U.S citizenship for him isn't our #1 priority. But we would like him to be able to visit the U.S or even spend 1/2 the year here but it would be nice if it was on our terms how long he had to stay here each year. I understand while holding a U.S green card you can't be out of the U.S longer than 6 months... is this true? We met volunteering in a circus project on the Burmese border and have traveled all over Thailand together. We are very involved in volunteer projects in Thailand working with children. In the states I live in one of the most beautiful places in the world Lake Tahoe... of course I want to share it with him. I'm afraid all the business visas may be hard to get as it is my business not his and it's a small one at that. Mai is an artist, he's been featured this year in the Bangkok Post and has been on TV 2 times. Sometimes I think he may qualify for an "exceptional talent visa" on his own if he was invited to an event or conference here in the states, but that's a bit of a long shot. As for my business "Jai Yen" wonder what would happen if we opened a shop in Chiang Mai together, got married in Thailand and then applied for some kind of "business" visa. Thing is, I see people with a lot of assets, who have been paying taxes for years in Thailand get turned down. So that just seems like a long, long road to nowhere. So, while I still have a successful business in the U.S and residency here it seems time to apply for the K!. We never know the future and with the current U.S state of the economy we don't know how well, my business will do, or if Thailand or the U.S will tighten border controls. etc etc. So, that's why I'm thinking now's the time to start this.

If they are only concerned with the most recent tax year which by the time we get through will be 2011 then that is the year I need to focus on that's great. As for 2009 & 2010 what if no taxes were paid... they were filed but we did not owe in 2009. Also adjusted gross income was well below poverty guidelines. Are you sure this is o.k. Thank you for your time in helping me out with this :.)

Edited October 8, 2011 by C-Lee

[Ning 619]

Hi Ning ~

Oh..sorry, I guess I didn't make it clear. I want to marry Mai very much. We definitely plan on living our lives out together. I am now 44 and he is 39. The thing is we plan on settling in Chiang Mai probably 10 yrs from now so obtaining U.S citizenship for him isn't our #1 priority. But we would like him to be able to visit the U.S or even spend 1/2 the year here but it would be nice if it was on our terms how long he had to stay here each year. I understand while holding a U.S green card you can't be out of the U.S longer than 6 months... is this true? We met volunteering in a circus project on the Burmese border and have traveled all over Thailand together. We are very involved in volunteer projects in Thailand working with children. In the states I live in one of the most beautiful places in the world Lake Tahoe... of course I want to share it with him. I'm afraid all the business visas may be hard to get as it is my business not his and it's a small one at that. Mai is an artist, he's been featured this year in the Bangkok Post and has been on TV 2 times. Sometimes I think he may qualify for an "exceptional talent visa" on his own if he was invited to an event or conference here in the states, but that's a bit of a long shot. As for my business "Jai Yen" wonder what would happen if we opened a shop in Chiang Mai together, got married in Thailand and then applied for some kind of "business" visa. Thing is, I see people with a lot of assets, who have been paying taxes for years in Thailand get turned down. So that just seems like a long, long road to nowhere. So, while I still have a successful business in the U.S and residency here it seems time to apply for the K!. We never know the future and with the current U.S state of the economy we don't know how well, my business will do, or if Thailand or the U.S will tighten border controls. etc etc. So, that's why I'm thinking now's the time to start this.

If they are only concerned with the most recent tax year which by the time we get through will be 2011 then that is the year I need to focus on that's great. As for 2009 & 2010 what if no taxes were paid... they were filed but we did not owe in 2009. Also adjusted gross income was well below poverty guidelines. Are you sure this is o.k. Thank you for your time in helping me out with this :.)

Hello Christy Lee,

I see this differently now of course.

I think you should consider a CR1 instead of the K 1. It comes with a green card so he can work quickly. No AOS to do. Is cheaper in the end. Takes a little longer but worth it. He can be out of the USA up to one year. However he must be able to show that he is a legal resident to keep the G C. Having an interest in a business should serve well in that regard. I mean as contributing artist. Also in a CR1 you could use a co sponsor. I dont think you need one really.

The concept of the taxes is more about your paying them in the past years or at least filing to comply with the laws. THe fact that your income was low isnt good but it isnt bad either. Everyone knows the situation with the US economy. This is where you may want to find a co sponsor to use with the C R 1 to ensure success. His income in Thailand wont help but you can attach a letter explaning how his income will become part of the future income of your family. The basic idea is to show that he will not need to be assisted by the US govt in regards to support. I would include some statement of projected earnings based on his art income when in the USA.

The members here are happy to help. Hopefully others will offer advise as well. There are some very experianced people here. What you want to do can be done.

[Gary and Alla 3,694]

You need to ask this in the Thailand sub forum or Thai thread to be sure. Usually consulates go by the CURRENT income over and above the past income. I have heard from others that Thailand places a heavier weight on tax returns. I could be wrong. I do know they do not allow co-sponsors for K-1s.

You can always attach three years tax returns if that looks better for you.

[C-Lee 0]

Oh,,, I thought I replied to this, but I'm new to this forum and must not have hit the right button. Ning, Thank you so much for your information. I appreciate it so very much. I'm well aware of the CR1... how much cheaper all together do you really think that is? I'm a little confused about the ability to be out of the country up to a year as a green card holder. Is that right... I always thought it was 6 months. I'm really happy to hear that you both feel they will put most of the emphasis on just the one year tax return. The others show good overall cash flow but we took a lot of business write offs both of those years buying inventory and covering high rents and both those come off the over-all adjusted gross income and put me below the 18,000 mark. What I will have to do to qualify is not have as many write-offs in 2011 and pay more in taxes this year. I will look further into the CR1 but that would involve us getting married in Thailand soon to start the process. I'm flying over on Sunday but a wedding wasn't in my plans on this trip :.) Oh.... wish it was a free world and these borders weren't so difficult!!!

[Ready to do it 101]

You can say that again. I agree 100%.

Oh.... wish it was a free world and these borders weren't so difficult!!!

[Anh map 2,098]

For a self employed person the income amount used is line 22 of the most recent year's (2010 currently) tax return. If you've maximized the allowable deductions you could be under the income amount. Your choices would be:

1- to supplement income with assets (a 3:1 ratio $3 assets = $1 income)

2- restate your income for the past year to have line 22 be sufficient (there may be taxes owed on the new income amount.

3- plan your 2011 tax return so that line 22 meets the income requirement.

Edited October 12, 2011 by Anh map

[Gary and Alla 3,694]

Oh,,, I thought I replied to this, but I'm new to this forum and must not have hit the right button. Ning, Thank you so much for your information. I appreciate it so very much. I'm well aware of the CR1... how much cheaper all together do you really think that is? I'm a little confused about the ability to be out of the country up to a year as a green card holder. Is that right... I always thought it was 6 months. I'm really happy to hear that you both feel they will put most of the emphasis on just the one year tax return. The others show good overall cash flow but we took a lot of business write offs both of those years buying inventory and covering high rents and both those come off the over-all adjusted gross income and put me below the 18,000 mark. What I will have to do to qualify is not have as many write-offs in 2011 and pay more in taxes this year. I will look further into the CR1 but that would involve us getting married in Thailand soon to start the process. I'm flying over on Sunday but a wedding wasn't in my plans on this trip :.) Oh.... wish it was a free world and these borders weren't so difficult!!!

You can be out of the contry for up to one year without any prior arrangement. Be sure you are able to prove your intent to remain a resident when you return (tax returns, registration for the draft if applicable, bank accounts, tax returns, drivers license and such all prove this)

[C-Lee 0]

Thank Ahn Map! that says it all...

3. plan your 2011 tax return so that line 22 meets the income requirement.

I'm going to leave 2009 & 2010 the way they are.... it shows a nice cash flow.... but will not meet the magic number...or even really come close. 2011 I will not be able to take maximum deductions and will hit the number.

I also looked into the permanent residency requirements and read the "up to one year" without a re-entry permit part but it still sounds a bit vague. Are people allowed to have houses in two countries and travel back and forth and maintain residences in two countries while holding a green card? The visa laws sure weren't written for us! Especially because this is a small business. A nice little business that supports me and important to our community here in Tahoe... but a small one!

Also anyone willing to chime in on how much less expensive a route you think the CR1 may be over the K1 because we really could go either way.

Thank you for all the advice thus far :.)