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Filed: K-1 Visa Country: Colombia
Timeline
Posted (edited)

I'm filling out I-864 (affidavit of Support) for AOS. I am the USC, sponsoring my now-wife who came to the US on a K-1 Fiance Visa.

Questions regarding employment and income...

I quit my job on November 2, 2012 right after I was paid on Friday November 2, 2012 for the pay period of October 13, 2012 thru October 26, 2012. I will not be receiving another paycheck from them. It was a W-2 position and my YTD through the October 26 paycheck was $122,000. I quit in order to start back up my other company which I am 80% owner of. I will not be paid W-2 wages. I will be paid distributions, monthly. I anticipate my distributions will be roughly $14,000-$20,000 for the year 2012 (only two months- November and December). I anticipate my distributions for January and February 2013 to be roughly $10,000-$15,000/month. I anticipate I will make over $500,000 in 2013, but I can't very well put that as my annual income as they would want to see tax returns which I obviously wouldn't yet have.

My question is... What do I put under Part 6, Sponsor's employment and income? If I put self-employed with an annual income of $XXX,000, what do I put as the number? I anticipate we won't have our interview until after February 15 (3 months from now), so most likely my taxes will be filed by then and I will be able to show that I made $15,000-$20,000 in the last 2 months of 2012 (company I am 80% owner of) thus, I could put $120,000/yr, right? On the other hand, we are filling out the AP for travel form and I have put that we would like to travel on January 31, 2013 for 2 weeks, so most likely I will be filing my taxes the 3rd of 4th week of February. Do they issue the AP for travel before an interview?

Would it perhaps be easier to simply put my W-2 position that I just recently quit and date all the forms November 1, 2012 and send them in quickly? Even then, I'm not sure what to put as my annual income. Would I put my YTD income as of my October 26, 2012 paycheck or would I annualize it? I'm assuming most will say that this is not the way to go since I have quit, but it sure does seem like it makes things easier and with forms dated November 1, 2012 it is truthful.

I really do hate to put self-employed because I made over $120,000 through October 2012 in a W-2 position, which I can prove. Unfortunately, with the new self-employed position, I won't be able to prove anything other than a distribution that is simply transferred from my company bank account to my personal bank account, most likely on Dec 31, 2012. Is that going to fly? Of course, had I not waited a full year to submit the AOS paperwork I wouldn't be in this situation. I'm already a little ticked off that I missed the 1 year mark by less than a week so we'll need to do a new medical as well. It is what it is.

Thoughts?

Edited by Ready to do it

Service Center : Vermont Service Center

Consulate : Bogota, Colombia

I-129F Sent : 2011-04-27

 
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