Do you think I need a co-sponsor?

[paivaj_n_kubyaj 0]

Hi I there, I am very new at this, so from reading some of the forums here seem like everyone here will be a great help for me in my journey too. Let me ask you guys if you think I need a co-sponsor because I am not sure. So help me out here if you can, I'll appreciate every one's reply.

A little bit background first...my fiance is in Laos, I had just visited him and returned. This was my second trip. Finally got the papers we needed to get it done there so I can include them with my I-129. So my situation is that I am self-employed, this year I make a little over $26,000.00. Okay I want to ask this question first, I just started the business 1 year and a half ago, I didn't work the year before that, so will that be a problem if I don't have income tax from that year? Counting only last year's income tax and this year's, I only have 2 years worth of income tax. My cousin whose's fiancee just got here 2 months ago from Laos says that they only look at the most recent income tax, is that true? But will I still have to submit 3 years worth of income tax or no I don't need to?

So I make a little over 26K, if after I deduct all these stuff that I used to run my business, assuming it will be like $21,000.00, will I still be safe to sponsor by myself or should I get a co-sponsor still?? That is still over the poverty guideline for 2 people? Given the circumstance that I have only had the business for a year and a half. People ask me if I work full-time or part-time, I say that I dedicate full-time but I am flexible because I schedule my hours around my client's availability. I don't get 8 hours a day because it depend on how many client I get a day. Does my job has to be a full-time with benefits? Because I don't have benefits. My fiance's uncle from MN told me if I don't have benefits then I am out of luck. Is that true? Or they don't care they just want proof that you make what you make? I don't claim anyone on my income tax, so I have no dependent. I live with my parents and both of my parents work. My mom says she will help me by being a co-sponsor if I don't qualify. She has had a stable job since 2001 or somethings like that and has benefits, but the problem is my mom files joint income tax with my dad....my dad don't want to be a co-sponsor, so how do we do this? They claim my 2 younger brothers and maybe 3 sisters that are not living in the house with us. I'm not sure exactly how much they make this year (they w2 are not here yet), I assume maybe over $60,000 together. So what do you think? Am I safe just to do it on my own or do I need my parent's help?

For the I-134 Affidavit of support form, where is ask how much you have in the bank, personal property, stocks, life insurance with how much cash surrender, real estate valued at...I have a question, I don't have much in the bank at the moment but maybe I can start saving now, i don't have any personal property other than I have a car, but I just bought it a few weeks ago, I didn't cash it, put a down payment and will pay monthly for the next 6 years...I don't have stocks or bonds, but I have 2 life insurance policy, one my parents bought for me, they are the policy holder, and the other one I bought for myself, so I am the policy holder, both combine a little over $200,000. I don't understand what I should write on the cash surrender. Does anyone know? And lastly I don't have a real estate.

So what I only have will that work for me to sponsor my fiance by myself? I would like to just sponsor him by myself but if I need a co sponsor then I will get one....Help.....??? :-! Sorry for the long forum...

Edited January 13, 2012 by paivaj_n_kubyaj

[JJ and Patty 9]

For submitting the I-129F you dont need to worry about this. Your question seems directly aimed at the I-134, which is submitted to the embassy in laos. As long as you meet minimum income requirement via the poverty guidelines you won't need a co-sponsor.

http://www.uscis.gov/files/form/i-864p.pdf

This is current until they replace it.

[paivaj_n_kubyaj 0]

JJ, thank you for the reply, appreciate it...I hope I can just sponsor him..

Edited January 13, 2012 by paivaj_n_kubyaj

[JJ and Patty 9]

You can always try emailing the embassy in laos as well to ask them if they would be willing to review your I-134 before submitting it. (email it to them unsigned so they can look it over, if they say its good then when the time comes print it, sign it and mail it.)

[96accord 3]

Paij,

Okay so I am also new at this and my application is also being processed. But, what I do know is that every Consulate is not the same. I know for a fact, and you can check with my earlier posting, is that I have already confirmed that the Consulate in Laos will not accept co-sponsors for K1 visa applications. Now, if you were to be married and were applying for a spousal petition then the Consulate does allow a co-sponsor. I've beaten myself countless times trying to understand?? Having said that, you make more then the required minimum for sponsoring your fiance. I understand that being self employed you will be required to send your tax transcripts for the last 3 years, and your bank statements showing your yearly deposits into your accounts. What's most important is that the CO interviewing your fiance believes that you can take care of your fiance and that he will not be a public liability. Thus, knowing that you will really only have 1 1/2 year of tax transcripts for your business, make sure that you write a letter explaining your situation so the CO understands your situation. About your question of life insurance cash surrender value, you can find that out by calling your life insurance agent or company. If you have a term policy only you will not have cash surrender value. Generally you have cash surrender if you have a whole life or Universal life or VUL but check with your agent. Your car doesn't really count as asset. Questions of assets are generally important when you do not show enough income to qualify for sponsorship but I think that even though you haven't been in business for 3 years you will be okay and may not need assets to qualify. After all it's the income you are making today that is important not what you made yesterday. For example, you may have been making $100K last year at the old job but if you have a new job and are making $17K this year you will not qualify. If you are unsure....find employment. Anyhow, I think you should be fine and it's really up to the CO. Hope this helps a little.....also I don't think that having benefits is a requirement though I am not sure. But I am certain it's really income that's important.

Edited January 15, 2012 by 96accord

[paivaj_n_kubyaj 0]

Paij,

Okay so I am also new at this and my application is also being processed. But, what I do know is that every Consulate is not the same. I know for a fact, and you can check with my earlier posting, is that I have already confirmed that the Consulate in Laos will not accept co-sponsors for K1 visa applications. Now, if you were to be married and were applying for a spousal petition then the Consulate does allow a co-sponsor. I've beaten myself countless times trying to understand?? Having said that, you make more then the required minimum for sponsoring your fiance. I understand that being self employed you will be required to send your tax transcripts for the last 3 years, and your bank statements showing your yearly deposits into your accounts. What's most important is that the CO interviewing your fiance believes that you can take care of your fiance and that he will not be a public liability. Thus, knowing that you will really only have 1 1/2 year of tax transcripts for your business, make sure that you write a letter explaining your situation so the CO understands your situation. About your question of life insurance cash surrender value, you can find that out by calling your life insurance agent or company. If you have a term policy only you will not have cash surrender value. Generally you have cash surrender if you have a whole life or Universal life or VUL but check with your agent. Your car doesn't really count as asset. Questions of assets are generally important when you do not show enough income to qualify for sponsorship but I think that even though you haven't been in business for 3 years you will be okay and may not need assets to qualify. After all it's the income you are making today that is important not what you made yesterday. For example, you may have been making $100K last year at the old job but if you have a new job and are making $17K this year you will not qualify. If you are unsure....find employment. Anyhow, I think you should be fine and it's really up to the CO. Hope this helps a little.....also I don't think that having benefits is a requirement though I am not sure. But I am certain it's really income that's important.

Hey thanks for the infos. Okay, I just looked at the Visa Instructions for Fiance Visa Applications from the webiste: http://laos.usembassy.gov/fiance_2011.html, and where it says Evidence of Financial Support, it list

-original Affidavit of Support signed by petitioner,

-most recent tax return (form 1040 and W2),

-pay slip,

-recent bank statements...

The thing I am frustrated about is that it doesn't specify or indicate a number how many they want???..so I still don't know exactly how many they want because some people say 3 years worth, and others says 1 year is ok for self-employment. Im thinking since I file 1040 and it says recent income tax and not income taxes, it's probably saying 1 only, and it's the same deal as it is with someone with W2's. But since I am still not 100% sure I'll email them and see what they have to say to me about that before I sent out my I-129F. The bank statements they wanted to see, also no number of pages indicated, I guess I'll go with the number 6 months worth because hnubno told me she sent 6. Until I know which one of my income (gross or net income??) for 2011 qualifies me to sponsor myself then I can say I don't need a co-sponsor, but like you're saying they don't allow co-sponsor for k1 visa applicant then I am screwed too even if I made enough to sponsor him myself. I was gonna use my mom as co sponsor if my income isn't enough or say they really want 3 years worth of income and I don't have all of them, my mom has all. Throughout the last 3-4-5 years, I can say I have a pretty good history of deposits into my accounts, but haha I usually end up spending them up almost emptied then I will have new deposits...hope that still works for them...we also may be screwed because the marriage route takes too long and to much needs to be done...we just really want to be together as soon as possible, gosh I wish governments would stop making it so hard for people who can proof their love is true and not make so hard for them be together with all these money stuff...it's crazy. Will I will let u know what they say to me too... tired now and back aching because stressing too much about this...

[JJ and Patty 9]

http://laos.usembassy.gov/contact.html

conslao@state.gov

Email them the questions you have reguarding supporting documentation for you being a self-employed US Citizen. The only way you are going to find out exactly what they want, for your specific case is going to be to ask them. All K-1 visas, at all stages of approval are case-by-case. There really isn't a standard, we are humans capable of creating millions of different, but similar situations.

[JimVaPhuong 4,865]

Hey thanks for the infos. Okay, I just looked at the Visa Instructions for Fiance Visa Applications from the webiste: http://laos.usembassy.gov/fiance_2011.html, and where it says Evidence of Financial Support, it list

-original Affidavit of Support signed by petitioner,

-most recent tax return (form 1040 and W2),

-pay slip,

-recent bank statements...

The thing I am frustrated about is that it doesn't specify or indicate a number how many they want???..so I still don't know exactly how many they want because some people say 3 years worth, and others says 1 year is ok for self-employment. Im thinking since I file 1040 and it says recent income tax and not income taxes, it's probably saying 1 only, and it's the same deal as it is with someone with W2's. But since I am still not 100% sure I'll email them and see what they have to say to me about that before I sent out my I-129F. The bank statements they wanted to see, also no number of pages indicated, I guess I'll go with the number 6 months worth because hnubno told me she sent 6. Until I know which one of my income (gross or net income??) for 2011 qualifies me to sponsor myself then I can say I don't need a co-sponsor, but like you're saying they don't allow co-sponsor for k1 visa applicant then I am screwed too even if I made enough to sponsor him myself. I was gonna use my mom as co sponsor if my income isn't enough or say they really want 3 years worth of income and I don't have all of them, my mom has all. Throughout the last 3-4-5 years, I can say I have a pretty good history of deposits into my accounts, but haha I usually end up spending them up almost emptied then I will have new deposits...hope that still works for them...we also may be screwed because the marriage route takes too long and to much needs to be done...we just really want to be together as soon as possible, gosh I wish governments would stop making it so hard for people who can proof their love is true and not make so hard for them be together with all these money stuff...it's crazy. Will I will let u know what they say to me too... tired now and back aching because stressing too much about this...

There are no firm rules for the I-134, so it's entirely up to the consular officer to determine whether or not you're a sufficient sponsor. Consular officers in poor countries tend to be very pessimistic when it comes to evaluating an I-134, so the more compelling your evidence is, the more likely they'll accept you as a sufficient sponsor.

They generally look at line 22 on your 1040. That's your income after your business deductions and before your personal deductions. Since you haven't filed your taxes yet for 2011 you have an opportunity to make line 22 pretty much as high as you want, right up to the amount you claim as your gross receipts on schedule C. Tax law allows you to deduct your legitimate business expenses, but it doesn't require you to deduct them. If you don't like the number on line 22 of your 1040 then deduct fewer expenses on schedule C.

Unfortunately, "true love" isn't enough to guarantee that the taxpayers won't be helping to support your fiance.

[Gary and Alla 3,696]

There are no firm rules for the I-134, so it's entirely up to the consular officer to determine whether or not you're a sufficient sponsor. Consular officers in poor countries tend to be very pessimistic when it comes to evaluating an I-134, so the more compelling your evidence is, the more likely they'll accept you as a sufficient sponsor.

They generally look at line 22 on your 1040. That's your income after your business deductions and before your personal deductions. Since you haven't filed your taxes yet for 2011 you have an opportunity to make line 22 pretty much as high as you want, right up to the amount you claim as your gross receipts on schedule C. Tax law allows you to deduct your legitimate business expenses, but it doesn't require you to deduct them. If you don't like the number on line 22 of your 1040 then deduct fewer expenses on schedule C.

Unfortunately, "true love" isn't enough to guarantee that the taxpayers won't be helping to support your fiance.

Your advice is exactly correct but be aware...

The tax return I used was for 2007. For almost all of 2007 and the previous years I was self employed and managed to write off a lot of my revenue as expenses minimizing my tax liability. I took a regular w-2 job in November 2007. Had I taken ALL the deductions I could have for 2007 I would have "made" much less money than required for the affidavit of support. This concerned me so I did not claim all my deductions and paid a LOT more in tax for 2007. All worth it because it was true love.

Then I come to find out that Kiev relies almost entirely on "current income" and my proof of income in 2008 would have been sufficient even if I had lost money in 2007. Not all consulates are the same and some give more weight to last years tax return. so be careful but try not to overpay taxes just to make a paper "look good" if it is not needed.

[paivaj_n_kubyaj 0]

Your advice is exactly correct but be aware...

The tax return I used was for 2007. For almost all of 2007 and the previous years I was self employed and managed to write off a lot of my revenue as expenses minimizing my tax liability. I took a regular w-2 job in November 2007. Had I taken ALL the deductions I could have for 2007 I would have "made" much less money than required for the affidavit of support. This concerned me so I did not claim all my deductions and paid a LOT more in tax for 2007. All worth it because it was true love.

Then I come to find out that Kiev relies almost entirely on "current income" and my proof of income in 2008 would have been sufficient even if I had lost money in 2007. Not all consulates are the same and some give more weight to last years tax return. so be careful but try not to overpay taxes just to make a paper "look good" if it is not needed.

Thank you for sharing this...I appreciate it. I know what I need to do now...thank you all for your help. I'll email the Laos consulate and see what they say first...and the ill go from there.

[paivaj_n_kubyaj 0]

http://laos.usembassy.gov/contact.html

conslao@state.gov

Email them the questions you have reguarding supporting documentation for you being a self-employed US Citizen. The only way you are going to find out exactly what they want, for your specific case is going to be to ask them. All K-1 visas, at all stages of approval are case-by-case. There really isn't a standard, we are humans capable of creating millions of different, but similar situations.

Thank you so much, you've been very supportive...Ill email them...will let u know what they say too okay..