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Filed: K-1 Visa Country: China
Timeline
Posted

Dear all,

I've hit a fuzzy area with my father's I-134 (he is co-sponsoring my fiancee with me), and could really use some insight.

My father just left a high paying job to go into his own management consulting practice. I have three questions driving me crazy:

1) My dad files jointly with my mother. I know tax return transcripts are usually enough, but does he need to supply his complete tax returns to prove the majority of the joint income came from him and not my mom? If so, what does he need to provide in addition to the transcripts? Are the one page w-2s enough, or does he need to supply complete tax returns for the past three years ( a lot of paperwork).

2) Since he just recently left his job to go into his private practice, his current annual income is just a projection. There is no real way to prove it, even with recent bank statements. Should I be worried? Is there something he should be including to show recent self-employment or probability of future income?

My fiancee's interview is coming up in 4 weeks, so I'm starting to worry about how long this is taking to put together and mail. An insight is truly appreciated. :help:

Filed: Other Country: China
Timeline
Posted

Dear all,

I've hit a fuzzy area with my father's I-134 (he is co-sponsoring my fiancee with me), and could really use some insight.

My father just left a high paying job to go into his own management consulting practice. I have three questions driving me crazy:

1) My dad files jointly with my mother. I know tax return transcripts are usually enough, but does he need to supply his complete tax returns to prove the majority of the joint income came from him and not my mom? If so, what does he need to provide in addition to the transcripts? Are the one page w-2s enough, or does he need to supply complete tax returns for the past three years ( a lot of paperwork).

2) Since he just recently left his job to go into his private practice, his current annual income is just a projection. There is no real way to prove it, even with recent bank statements. Should I be worried? Is there something he should be including to show recent self-employment or probability of future income?

My fiancee's interview is coming up in 4 weeks, so I'm starting to worry about how long this is taking to put together and mail. An insight is truly appreciated. :help:

The problem with being self employed is that when stating "current income" the only figure they will consider is the one on line 22 of the most recent tax return filed after becoming self employed. So, for example, if your father quit his high paying job during the year this year, and is now self employed, his current income is actually $0. Is your mother's current income sufficient to qualify?

If not, what I think I would do is provide three years of transcripts and hope it works.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: K-1 Visa Country: China
Timeline
Posted

The problem with being self employed is that when stating "current income" the only figure they will consider is the one on line 22 of the most recent tax return filed after becoming self employed. So, for example, if your father quit his high paying job during the year this year, and is now self employed, his current income is actually $0. Is your mother's current income sufficient to qualify?

If not, what I think I would do is provide three years of transcripts and hope it works.

Thank you for the response! Should he include the one page W-2s with the transcripts to show the income he made separate from my mother? (My mother is retired btw so she does not qualify.) Thank you again for your help :-)

The problem with being self employed is that when stating "current income" the only figure they will consider is the one on line 22 of the most recent tax return filed after becoming self employed. So, for example, if your father quit his high paying job during the year this year, and is now self employed, his current income is actually $0. Is your mother's current income sufficient to qualify?

If not, what I think I would do is provide three years of transcripts and hope it works.

Thank you for the response! Should he include the one page W-2s with the transcripts to show the income he made separate from my mother? (My mother is retired btw so she does not qualify.) Thank you again for your help :-)

Filed: Other Country: China
Timeline
Posted

Thank you for the response! Should he include the one page W-2s with the transcripts to show the income he made separate from my mother? (My mother is retired btw so she does not qualify.) Thank you again for your help :-)

Thank you for the response! Should he include the one page W-2s with the transcripts to show the income he made separate from my mother? (My mother is retired btw so she does not qualify.) Thank you again for your help :-)

No. Just use the transcripts. Usually, I would recommend using the actual returns and W2's a joint filing cosponsor situation for the exact reason you mention. In your case though, your father actually has ZERO current income and current income is how one qualifies. The "trick" here is that he's going to be stating he is currently self employed. Remember, I said self employed people can only state current income as that from their most recent tax return. Your father has not yet filed a tax return as self employed, so technically has no income. My suggestion is to tell the truth about his self employment and use tax return transcripts as the supporting documentation. Then, let the consular officer make their judgment call. When showing a parent with a history of good income, they are not all that likely to look any deeper.

You're going to have a similar problem again after marriage, when an I-864 needs to be provided with the adjustment of status.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: K-1 Visa Country: China
Timeline
Posted

No. Just use the transcripts. Usually, I would recommend using the actual returns and W2's a joint filing cosponsor situation for the exact reason you mention. In your case though, your father actually has ZERO current income and current income is how one qualifies. The "trick" here is that he's going to be stating he is currently self employed. Remember, I said self employed people can only state current income as that from their most recent tax return. Your father has not yet filed a tax return as self employed, so technically has no income. My suggestion is to tell the truth about his self employment and use tax return transcripts as the supporting documentation. Then, let the consular officer make their judgment call. When showing a parent with a history of good income, they are not all that likely to look any deeper.

You're going to have a similar problem again after marriage, when an I-864 needs to be provided with the adjustment of status.

Just one more question - my fiancee has read from Chinese visa community forums that if the co-sponsor has filed taxes jointly, as parents always do, then either both parents need to sign the same I-134 or include a cover letter that has both parents' signatures explaining that the 2nd parent is on board. Only my dad's signature is on the I-134. She is worried about it, saying all the K-1 applicants have a cover letter like the one just described if their parents are co-sponsors, and if not they get a blue slip. I'm finding contradicting sources of info and it's very frustrating. Any advice? :wacko:

Filed: Other Country: China
Timeline
Posted

Just one more question - my fiancee has read from Chinese visa community forums that if the co-sponsor has filed taxes jointly, as parents always do, then either both parents need to sign the same I-134 or include a cover letter that has both parents' signatures explaining that the 2nd parent is on board. Only my dad's signature is on the I-134. She is worried about it, saying all the K-1 applicants have a cover letter like the one just described if their parents are co-sponsors, and if not they get a blue slip. I'm finding contradicting sources of info and it's very frustrating. Any advice? :wacko:

What she is proposing is a good idea. Do it if you can.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Other Country: China
Timeline
Posted

Do you mean have my parents do a co-signed cover letter, or co-sign the I-134? Or both? I hope you're having a happy holiday season, btw. Thank you for all the help :-)

I would do the letter and have it notarized.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

 
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