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Filed: K-1 Visa Country: Philippines
Timeline
Posted

I am starting a new job next week that earns commissions on what I sell. She is saying that the commissions I would earn from working would not count toward the 125%. She said it needs to be a fixed income and commissions do not matter. Is this true? I find it hard to believe.

Posted

I am starting a new job next week that earns commissions on what I sell. She is saying that the commissions I would earn from working would not count toward the 125%. She said it needs to be a fixed income and commissions do not matter. Is this true? I find it hard to believe.

Who is "she"?

Any income is taxable income and would count toward determining if you meet the poverty guidelines.

Service Center : California Service Center

Consulate : Manila, Philippines

I-129F Sent : 2008-12-02

I-129F Receipt Notice : 2008-12-05

RFE: 2009-02-26

Approval Notice: 2009-03-13

NVC Received: 2009-03-23

Left NVC: 2009-05-12

Stuck at NVC 50 days

Interview: 2009-06-23 Passed!

Visa picked up: 2009-06-25

POE Detroit: 2009-07-04

Married: 2009-09-11

Filed for AOS: 2009-09-22

Biometrics taken: 2009-10-29

Advance Parole approved 2009-11-04

Employment Authorization approved 2009-11-04

AOS Appointment 2009-12-15

AOS Approved 2009-12-15

Green Card Received 2010-01-02

Filed for ROC: 2011-09-17

ROC approved 2012-03-21

Green Card Received 2012-03-26

Posted

Any income counts, but since commissions are not steady, it is difficult to assess their true value. You can't guarantee me that you are going to earn 10K in commissions this future year. Could be more, could be less.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

I am starting a new job next week that earns commissions on what I sell. She is saying that the commissions I would earn from working would not count toward the 125%. She said it needs to be a fixed income and commissions do not matter. Is this true? I find it hard to believe.

Commission does indeed count. It is income. However, in your circumstance of just starting this job next week, you have no way to prove an estimate on how much you would be making annually. If you had already worked this job for some time, and had previous pay stubs and taxes to show how much you earned, it would be easier to estimate how much you would be likely to earn this year. Since the job will be new, it might be a hard sell to the interviewing officer that you will be, without a doubt, earning 125% of the poverty level or more if you are counting on commissions to do that.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted

Who is "she"?

Any income is taxable income and would count toward determining if you meet the poverty guidelines.

ANY documented income counts...taxable or not. Disability and Workman's Comp are not taxable, neither is combat pay, but it counts.

The problem with documenting commissions is...documenting them. They are not guaranteed. If you can do it, by all means go for it. You can document what they WERE in the last year, month, whatever and HOPE the consulate accepts them. The consulate has the final say.

Bottom line...if you do not meet the guidelines without the commissions I cannot recommend going without a co-sponsor.

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

Gary And Alla

Posted

I am starting a new job next week that earns commissions on what I sell. She is saying that the commissions I would earn from working would not count toward the 125%. She said it needs to be a fixed income and commissions do not matter. Is this true? I find it hard to believe.

You got all the information you need here. Where is your fiancee getting this information?

Our K-1 and AOS Journey

05/12-05/22/10-met my sweetheart and family(had lots of fun!)
12/13-12/26/11-met again for engagement/Christmas
04/10/12-I-129F petition sent
04/13/12-USPS delivery confirmation
04/18/12-NOA1 text/email
04/21/12-NOA1(receipt 04/17/12)
10/10/12-NOA2 text
10/15/12-NOA2 letter received
10/27/12-NVC letter received
11/28/12-Medical Exam-PASSED
12/07/12-K-1 Interview-APPROVED

02/12/13-POE-Atlanta
03/04/13-Wedding
03/27/13-AOS,EAD,AP delivered
04/03/13-NOAs text/email
04/08/13-NOAs received
04/26/13-Biometrics appointment(walk-in done 04/17)

06/03/13-EAD card production/AP post decision approval

06/10/13-EAD/AP combo card received

04/04/14-AOS card production/decision

04/11/14-NOA2 welcome to the USA

04/12/14-Received GC

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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