I864 tax & assets question

[dreamwarrior 0]

I'm putting together my I864. So far I have tax returns for 2011 which puts me above the poverty level for a household of 3 (we have a child). My returns for 2009 and 2010 were $0 and I will enclose a note explaining why (I've been overseas the whole time). I own property which is where my income came from last year and have ordered an appraisal, but it's going to take 1-2 weeks to get to me. Since I have everything ready to go (both I864 and DS230) should I just send it in as is or wait for the appraisal? As I understand it, as long as I'm above the poverty line that's all I need for AOS as it's the interviewer that's going to be more "picky" and so I will have the appraisal for the interview in addition to 2012 tax returns if they are filed before our interview.

I'm just worried about 1) the 1-2 week extra waiting time and 2) getting an ironic RFE on my home asset (I have the deed, proof of mortgage owed as $0, and property tax receipts (at least 1 year, I will have to recheck if I have 3 years). I'm also not sure if NVC will require that I show a business license for owning a rental home.

[dwheels76 5,463]

I'm putting together my I864. So far I have tax returns for 2011 which puts me above the poverty level for a household of 3 (we have a child). My returns for 2009 and 2010 were $0 and I will enclose a note explaining why (I've been overseas the whole time). I own property which is where my income came from last year and have ordered an appraisal, but it's going to take 1-2 weeks to get to me. Since I have everything ready to go (both I864 and DS230) should I just send it in as is or wait for the appraisal? As I understand it, as long as I'm above the poverty line that's all I need for AOS as it's the interviewer that's going to be more "picky" and so I will have the appraisal for the interview in addition to 2012 tax returns if they are filed before our interview.

I'm just worried about 1) the 1-2 week extra waiting time and 2) getting an ironic RFE on my home asset (I have the deed, proof of mortgage owed as $0, and property tax receipts (at least 1 year, I will have to recheck if I have 3 years). I'm also not sure if NVC will require that I show a business license for owning a rental home.

What do you have as proof of current income? Is that the appraisal you are talking about? Your current is more important than the past. So I would think you need to wait until you have all that together.

[fiona8884 1]

What do you have as proof of current income? Is that the appraisal you are talking about? Your current is more important than the past. So I would think you need to wait until you have all that together.

You did not need to send the appraisal if your income meets the guidelines its only if you were using the property to reach the guideline but if not then no need to wait for it

[pushbrk 12,174]

You did not need to send the appraisal if your income meets the guidelines its only if you were using the property to reach the guideline but if not then no need to wait for it

This is correct but the OP needs to understand that income from the 2011 tax return and "current income" are not the same thing, unless they are self employed. If current income is clearly sufficient, there is no need to state or document any assets. If you do state real property as an asset, then the appraisal or some other reliable documentation of value is required.

[dreamwarrior 0]

This is correct but the OP needs to understand that income from the 2011 tax return and "current income" are not the same thing, unless they are self employed. If current income is clearly sufficient, there is no need to state or document any assets. If you do state real property as an asset, then the appraisal or some other reliable documentation of value is required.

I filed as unemployed. My income comes strictly from rental income. That's what my 2011 returns reflect. But the 2012 returns may not be available by the time of my interview, as it's too early to even file taxes. Do I need to prove that I am actually getting income in the year 2012? If so then I will have a rental contract and money transfer receipts. So maybe I do have to wait for the appraisal after all, just to have as much evidence as possible. Thanks everyone

Edited November 13, 2012 by dreamwarrior

[pushbrk 12,174]

I filed as unemployed. My income comes strictly from rental income. That's what my 2011 returns reflect. But the 2012 returns may not be available by the time of my interview, as it's too early to even file taxes. Do I need to prove that I am actually getting income in the year 2012? If so then I will have a rental contract and money transfer receipts. So maybe I do have to wait for the appraisal after all, just to have as much evidence as possible. Thanks everyone

People with rental income are "self employed" for the purposes of the I-864. The only thing that will be considered income past or present is the dollar figure that appears on line 22 of the 1040. If you stated as income any other figure, you made a mistake. Today, line 22 of your 2011 tax return IS your "current income". If the interview is prior to April 15, you'll probably be OK if that number is high enough.

Alternatively, you could document the equity in your properties with applicable mortgage statements and current property appraisals.

[dreamwarrior 0]

People with rental income are "self employed" for the purposes of the I-864. The only thing that will be considered income past or present is the dollar figure that appears on line 22 of the 1040. If you stated as income any other figure, you made a mistake. Today, line 22 of your 2011 tax return IS your "current income". If the interview is prior to April 15, you'll probably be OK if that number is high enough.

Alternatively, you could document the equity in your properties with applicable mortgage statements and current property appraisals.

I meant that I filed as unemployed on the I130 and planned to do so on the I864. The tax return was prepared by an agency and my job title there was filed under "property owner".

[pushbrk 12,174]

I meant that I filed as unemployed on the I130 and planned to do so on the I864. The tax return was prepared by an agency and my job title there was filed under "property owner".

Which, for our purposes here is "self employed". That means line 22 is your income, current income and otherwise. Is that the number you stated as 2011 income where asked and again as current income? If so, you did it correctly. If not, you're going to get an RFE indicating your stated income does not match that on the tax return.

[dreamwarrior 0]

Which, for our purposes here is "self employed". That means line 22 is your income, current income and otherwise. Is that the number you stated as 2011 income where asked and again as current income? If so, you did it correctly. If not, you're going to get an RFE indicating your stated income does not match that on the tax return.

My income on the 2011 tax return is the same as my income this year. I also just read the revised requirements for i864 at:

http://travel.state.gov/visa/laws/telegrams/telegrams_2863.html

It basically says that only the recent tax returns are required. Plus there is now no need to prove your current income, as the income from your most recent tax return (in this case 2011) is going to be the # that is compared with the poverty guidelines. So I guess I do not have to wait for my appraisal afterall and I can send in my i864 tomorrow. The appraisal I will hold onto for the interview. Can someone read the page and confirm that I came to the correct conclusion?

As for filing "unemployed", will I get an RFE since I stated that I was unemployed on the i130 package and "property owner" on my tax returns? I'm worried about making even more of a mess if I write "self employed" on my i864...that gives me 3 different job titles.

[pushbrk 12,174]

My income on the 2011 tax return is the same as my income this year. I also just read the revised requirements for i864 at:

http://travel.state....grams_2863.html

It basically says that only the recent tax returns are required. Plus there is now no need to prove your current income, as the income from your most recent tax return (in this case 2011) is going to be the # that is compared with the poverty guidelines. So I guess I do not have to wait for my appraisal afterall and I can send in my i864 tomorrow. The appraisal I will hold onto for the interview. Can someone read the page and confirm that I came to the correct conclusion?

As for filing "unemployed", will I get an RFE since I stated that I was unemployed on the i130 package and "property owner" on my tax returns? I'm worried about making even more of a mess if I write "self employed" on my i864...that gives me 3 different job titles.

Some of your interpretation is correct. I would check the self employed box and indicate your occupation as "landlord" or "real estate investor". It does not need to be consistent with any occupation stated elsewhere but technically you are self employed, not simply unemployed.

Only one tax return is needed and no appraisals or statement of assets are needed IF IF IF your income FROM LINE 22 of your 2011 1040 is above the required income amount. If it IS, you can simply leave blank all asset related questions. If it is not, there will be no visa without appraisals to document real property equity. State only the equity and document both the value and any mortgage amount.

Does line 22 qualify you or not?