Fluctuating income I-134

[Serpentine 5]

I am just confused about income in I134 - annual income amount, amount on the employer letter (which is significantly lower since he didn't work all year in 2012, and some say those numbers should match) and tax return amount. I will put in 134 tax return number for 2012, and employer letter with hourly pay rate. With paystubs and bank statement i thinks it will be sufficient,and thanks for the info )

[aws&ndd 103]

For annual income, you should put down what is on the employer's letter...not what is on the tax return. The I-134 needs to reflect current income, which is what should be on your employer letter.

[Serpentine 5]

lawyer told me that i have to put whats on the tax return, and my fiance is paid hourly so lawyer told me that i can not calculate annual income for I-134 but put what's been earned in 2012.

[aws&ndd 103]

The lawyer is wrong. You do not put down past income on the I-134. And yes, you can calculate your salary for the year. This is what I have done.

[KayDeeCee 4,893]

lawyer told me that i have to put whats on the tax return, and my fiance is paid hourly so lawyer told me that i can not calculate annual income for I-134 but put what's been earned in 2012.

That would be more accurate if he was self-employed. However, he has an employer. The employer states his salary and hours. His hourly income times how many hours worked a week, then multiplied by 52 weeks is what you list on the I-134 as current annual income. What he made in 2012 is his past income, not current. The letter from the employer and recent pay stubs prove the amount you listed for current income.

How much you made in 2012 does not have to match what you are currently earning. Someone could have been unemployed and making nothing in 2012, but have been employed now for 6 months and currently earning $50k a year. Along the same lines, someone could have make $50k in 2012, but is currently unemployed. Their current annual income is then $0, not what they made in 2012.

Current income is most important.

Edited June 24, 2013 by Jay-Kay

[KayDeeCee 4,893]

I have a question regarding the I-134. Question #7 asks what my annual income is.

I'm a little confused what to answer here, as my income from week to week fluctuates. I am a full-time employee, but one week I may work 40 hours and the next 90 hours so I really am not sure what my annual income is yet. Attached to my I-134 I have last years tax return. I only worked 1/2 the year but since then I have received a sizable raise per hour. There is no doubt that I will make over the 125% this year (I have the copies of pay stubs to prove so.) I guess I'm just confused on what to answer there along with the fact I was 300$ short of the new 125% put out this year but only because I worked half of the year. My tax return states this, so I'm guessing I should probably just go with a co-sponsor. Otherwise I'm going to be pretty worried about getting the I-134 approved.

Your pay stubs prove your current income meets the requirement, so I am not sure why you are so worried. Use your pay stubs to estimate your current annual income. Or, do as Harpa suggested and list the amount for your guaranteed hours per week. The 40 hour a week full time pay still probably places you above the 125% since you got a sizable raise and were only $300 below before the raise.

You can have a co-sponsor lined up just in case if you are worrying that much. That is up to you.

Edited June 24, 2013 by Jay-Kay

[VeganMari 12]

Sorry to butt in, but I have a question regarding this. Jay-Kay already told me to use best quess but I am a little worried about this still.

My fiancé spend 6 months in prison last year, so he has been working for less than a year, he has mantained the same job but he has been getting more hours lately. He started working only 1 or 2 days a week and now he usually works 4 days a week, so it's not like a set amount of hours, some weeks he works more than others..so for the annual income how can he calculate what amount to put in there? He doesn't get pay stubs from his employer. He also doesn't know how to put this on the letter from his employer.

We are having his mom as co-sponsor but I believe all the info and documents from him have to be right so I just want to make sure.

[Harpa Timsah 13,258]

Sorry to butt in, but I have a question regarding this. Jay-Kay already told me to use best quess but I am a little worried about this still.

My fiancé spend 6 months in prison last year, so he has been working for less than a year, he has mantained the same job but he has been getting more hours lately. He started working only 1 or 2 days a week and now he usually works 4 days a week, so it's not like a set amount of hours, some weeks he works more than others..so for the annual income how can he calculate what amount to put in there? He doesn't get pay stubs from his employer. He also doesn't know how to put this on the letter from his employer.

We are having his mom as co-sponsor but I believe all the info and documents from him have to be right so I just want to make sure.

If you're getting the mom to co-sponsor then it doesn't matter. He doesn't need paystubs or a job letter, but he still needs to show his taxes (to make sure he has been filing).

[DavidLovesPheap 6]

I have a question regarding the I-134. Question #7 asks what my annual income is.

I'm a little confused what to answer here, as my income from week to week fluctuates. I am a full-time employee, but one week I may work 40 hours and the next 90 hours so I really am not sure what my annual income is yet. Attached to my I-134 I have last years tax return. I only worked 1/2 the year but since then I have received a sizable raise per hour. There is no doubt that I will make over the 125% this year (I have the copies of pay stubs to prove so.) I guess I'm just confused on what to answer there along with the fact I was 300$ short of the new 125% put out this year but only because I worked half of the year. My tax return states this, so I'm guessing I should probably just go with a co-sponsor. Otherwise I'm going to be pretty worried about getting the I-134 approved.

Go to your bank and get a statement of all deposits in the last 12 months (I'm assuming you worked the last haf of last year). It even recommends to do so in the I-134 Instuction PDF

[KayDeeCee 4,893]

Sorry to butt in, but I have a question regarding this. Jay-Kay already told me to use best quess but I am a little worried about this still.

My fiancé spend 6 months in prison last year, so he has been working for less than a year, he has mantained the same job but he has been getting more hours lately. He started working only 1 or 2 days a week and now he usually works 4 days a week, so it's not like a set amount of hours, some weeks he works more than others..so for the annual income how can he calculate what amount to put in there? He doesn't get pay stubs from his employer. He also doesn't know how to put this on the letter from his employer.

We are having his mom as co-sponsor but I believe all the info and documents from him have to be right so I just want to make sure.

Yes, just have him guesstimate his annual income. If he usually works 4 days, then go by that. Where is the money deposited? Have him show bank statements to prove the money gets deposited. The only reason to show all that is to show he has a job and is willing to work and trying to provide for his future spouse. They will use the co-sponsor's qualifications for approval and not his income.

[VeganMari 12]

If you're getting the mom to co-sponsor then it doesn't matter. He doesn't need paystubs or a job letter, but he still needs to show his taxes (to make sure he has been filing).

Yes, just have him guesstimate his annual income. If he usually works 4 days, then go by that. Where is the money deposited? Have him show bank statements to prove the money gets deposited. The only reason to show all that is to show he has a job and is willing to work and trying to provide for his future spouse. They will use the co-sponsor's qualifications for approval and not his income.

Ok, thanks!

[Maria y Ramon 1]

@Aws&ndd...Omg i hope that's the case with me...i been working 2 jobs so far all this year because i know last years income is way under the the required income so I'm hoping with the current years income would be taken into consideration than last years :/

[Simo-Britt 0]

Alright, I know what to do.

Look I'm in the same situation as you were, my income fluctuates (restaurant) and on my taxes it didn't nearly show enough (that's my fault I should've claimed more). I can't fix my taxes as I tried to look into it and they said not possible so here is what I did because literally we have the same issue.

1. On the employment letter I had my boss state why my last years income was the amount (because I took 3 months off to visit my husband) had I worked I would've met the income. I also had him fill out my projected income.

2. I write my own letter explaining why my income looks much less than it should (having time off for my husband)

3. On the form I claimed every dollar to my name including what's in my bank account.

4. I attached past years taxes.

This got me through NVC. I was ecstatic because I had no chance of a co-sponsor.

Then my husband had the interview. One consulate officer said it was fine, the other said no. The one who said no has my authority. Everything in our interview was approved except they want a cosponsor (sigh). So now we are sitting here scrambling to find a co-sponsor weeks after the interview. Don't do our mistake.

Here's what I recommend.

Get all the evidence you can to support your income, send it through to NVC. NVC will most likely approve it, find a co-sponsor. You can always submit that document later before the interview to the embassy or NVC. Then you are clear, golden and everything is fine. Don't take the risk that they will reject you when it's at interview stage, now we are in AP because of it and we don't know how long we will be in AP now. You don't have to wait on your co-sponsor to submit documents, since things are so darn slow now I really wouldn't waste time waiting for them to finish the paperwork. The embassies can make their own rules (I have the worst one at casablanca) and if they decide they just don't like your income they can issue you a co-sponsor.

[KayDeeCee 4,893]

Alright, I know what to do.

Look I'm in the same situation as you were, my income fluctuates (restaurant) and on my taxes it didn't nearly show enough (that's my fault I should've claimed more). I can't fix my taxes as I tried to look into it and they said not possible so here is what I did because literally we have the same issue.

1. On the employment letter I had my boss state why my last years income was the amount (because I took 3 months off to visit my husband) had I worked I would've met the income. I also had him fill out my projected income.

2. I write my own letter explaining why my income looks much less than it should (having time off for my husband)

3. On the form I claimed every dollar to my name including what's in my bank account.

4. I attached past years taxes.

This got me through NVC. I was ecstatic because I had no chance of a co-sponsor.

Then my husband had the interview. One consulate officer said it was fine, the other said no. The one who said no has my authority. Everything in our interview was approved except they want a cosponsor (sigh). So now we are sitting here scrambling to find a co-sponsor weeks after the interview. Don't do our mistake.

Here's what I recommend.

Get all the evidence you can to support your income, send it through to NVC. NVC will most likely approve it, find a co-sponsor. You can always submit that document later before the interview to the embassy or NVC. Then you are clear, golden and everything is fine. Don't take the risk that they will reject you when it's at interview stage, now we are in AP because of it and we don't know how long we will be in AP now. You don't have to wait on your co-sponsor to submit documents, since things are so darn slow now I really wouldn't waste time waiting for them to finish the paperwork. The embassies can make their own rules (I have the worst one at casablanca) and if they decide they just don't like your income they can issue you a co-sponsor.

It is good advice to show all the evidence you can of your income, but those in this thread are using the I-134 and applying for a K-1. Nothing gets sent to the NVC. The financials are presented at the K-1 interview.

[Simo-Britt 0]

Hahaha my mistake thanks for correcting me I forgot K1 is different. =)