Is this a problem?

[Beautifulday 16]

If he claimed an income of less than 24,760 for 2013 and claimed 1 dependant (his nephew) then you may have a problem going forward. If he claimed his parents or others in addition to his nephew then you may have a problem. There are ways around this in terms of getting a co-sponsor when the time comes but you'll want to consider that in advance.

So what matters is how much he made in 2013 and not this year? If he made less than what u said in 2013 then we have a prob?

[JE57 239]

As I understand his primary for of proof of being able to sponsor you will be based on his 2013 return. You'll want to look at the line on the form that says Total Income.. On a 1040 that is line 22. then look at the total dependents he claimed on that same form and add one (yourself) to that number. Look it up in the table mentioned above, If the total of what he paid is less than stipulated in the table then you need to have a serious discussion with him about how you can move forward and if you can get a co-sponsor(s). If the total he claimed is greater than the minimum then you can relax. If he didn't file a 1040 but some other form then you can look up that form. You are looking at total income BEFORE deductions as I understand it. As for the comment about having a timeline... Yes, I too looked for it only because I want to know if you have filed the I-129F yet or not since the filing of the application doesn't require any of this financial proof which comes later.

[KayDeeCee 4,892]

So what matters is how much he made in 2013 and not this year? If he made less than what u said in 2013 then we have a prob?

No. It is not your Total Income from the most recent taxes, unless you are self-employed. If you are an employee, then you use your current annual income, which is how much you make an hour times many hours you work a week then multiplied by 52 weeks. You prove that income amount by providing a letter from your employer and/or most recent pay stubs.

[Beautifulday 16]

No. It is not your Total Income from the most recent taxes, unless you are self-employed. If you are an employee, then you use your current annual income, which is how much you make an hour times many hours you work a week then multiplied by 52 weeks. You prove that income amount by providing a letter from your employer and/or most recent pay stubs.

I'm so confused... What you just said seems to be the opposite of what the guy above you said. Or am I not getting it...? Didn't he say that they gonna take 2013 into consideration? And aren't you saying that they gonna look at the present time?

[KayDeeCee 4,892]

Sorry you are confused, but what I am telling you is correct. Current income is what you list for your income amount on the affidavit of support, not past income. Unless your income has not changed, then it probably will not match the amount from your last year's tax return. If you got a raise since last year, then it will not be the same. See? As I said, if you are not self-employed, then you will list the current annual income amount instead and provide the documentation I listed above as proof of current income. For those that are self-employed, they use the amount from line 22 of their most recent 1040 form.

[Beautifulday 16]

Sorry you are confused, but what I am telling you is correct. Current income is what you list for your income amount on the affidavit of support, not past income. Unless your income has not changed, then it probably will not match the amount from your last year's tax return. If you got a raise since last year, then it will not be the same. See? As I said, if you are not self-employed, then you will list the current annual income amount instead and provide the documentation I listed above as proof of current income. For those that are self-employed, they use the amount from line 22 of their most recent 1040 form.

OK.. And the overtime doesn't count into that right?

Also... How can u get that Co sponsor... Where can I find more info bout this? Could his sister be my co sponsor?

[KayDeeCee 4,892]

Overtime can count, if you can show proof of earning it. Pay stubs should do the trick for that, or if you regularly work overtime, then that could be mentioned in the employer letter as well. It is just more difficult to absolutely document overtime, especially if it fluctuates.

A co-sponsor can be any US citizen or permanent resident that with residence in the US. Some consulates more readily accept a family member as co-sponsor, and some do not easily accept a co-sponsor, if at all. So, which country your K-1 visa interview will be in matters for that. The co-sponsor must meet the income requirement for their own household size plus the foreign fiance(e). They fill out their own separate I-134 and provide their most recent tax return, letter from employer and/or recent pay stubs. They should add in proof of being a US citizen or permanent resident.

[Darnell 8,478]

So what matters is how much he made in 2013 and not this year? If he made less than what u said in 2013 then we have a prob?

current annual income and

prior annual income

are evaluated.

I'm sorry you not review the 3 things I listed in post #18 - this stuff is important.

[NikLR 13,220]

Lol what do u mean gross income?

He will find out exactly how much he makes and if it's not enough then I'll consider this option.

Your income BEFORE taxes is your gross income. Your income AFTER taxes is called net income. I am not referring to his taxes or income on his taxes, but just explaining the terminology begind gross and net income.

Your fiancé's current gross yearly income is what is needed. They may also look at past income but current is more important.

He needs before taxes. If you read the forms and instructions for the forms that Darnell suggested you would understand better I think.

Edited April 8, 2014 by NLR

[DarkKiss 45]

If he does not meet the income for (3) I would say you have a big problem. If he claimed the nephew for 2012, how can he not claim him for 2013? Is there tax fraud for his 2012 taxes? This may be looked at very closely.,.,you may need a co-sponsor on standby.,.,this tax thing.,.,claiming him one year and then not claiming him.,.,.is a giant "red flag" in my opinion!

Especially, if he does not meet the income requirements1

Once a dependent does not necessarily mean always a dependent. Example for tax year 2008, my sister-in-law and her two sons lived the whole year with me because she was unemployed and had no home or income. I provided 100% of their care during that entire year. For taxes purposes I was legally able to claim them as dependents on my tax return, however, the following year, she was employed and living in her own place, so she was able to file her own taxes. I did not claim her or her sons that year. My point is, it does not necessarily mean tax fraud. My personal experience as an ex-IRS Employee.

Edited April 8, 2014 by DarkKiss

[raven52 233]

I stand by my statement, "it is a huge red flag in interviews, filing paperwork, claiming a person (a minor) one year, BEING VERY CLOSE TO THE GUIDELINES FOR MINIMUM INCOME).,.,., and then not claiming him the next!

This is not the IRS.,.,.,it is USCIS.,.,.,.!!!

[Beautifulday 16]

If he does not meet the income for (3) I would say you have a big problem. If he claimed the nephew for 2012, how can he not claim him for 2013? Is there tax fraud for his 2012 taxes? This may be looked at very closely.,.,you may need a co-sponsor on standby.,.,this tax thing.,.,claiming him one year and then not claiming him.,.,.is a giant "red flag" in my opinion!

Especially, if he does not meet the income requirements1

Please guys, before you judge and accuse anyone of doing anything wrong and illegal.. You need to know that my fiance has been taking care of his nephew for years now. The kid does have parents but his dad barely ever sees him and his mom has the full custody BUT the kid is here pretty much most of the time and by here I mean my fiance mom's house where were staying. My fiance takes care of him, buys him clothes n food, watches him. He is here waaaay more than he is at his house with his mom. That is why my fiance claimed him every year he would have a job. But this year his nephew wasn't gonna be here all that much so my fiance wasn't planning on claiming him next year. My fiance makes enough for two people.. But would someone explain to me how is that a problem.. He makes enough for two.. So it was him and the nephew, two people..when he filed the taxes.. . Not three, I cant be counted since I don't even have the k1 visa yet...So this past year he provided for himself and the kid, and got me to America and took care of me here. So now idk what to do... I don't wanna be denied.. If we have to put the nephew down then we will, but first I need to know if we really have to, this isn't a fraud, I told u how it is. So would we have to put him down if he doesn't claim him next year? If we have to then that means he doesn't make enough for three people, so the option we got is getting a co sponsor? How does that work... I know his sister would do it. But how does that work... All a co sponsor gotta do is sign documents for me?

[Beautifulday 16]

If he claimed an income of less than 24,760 for 2013 and claimed 1 dependant (his nephew) then you may have a problem going forward. If he claimed his parents or others in addition to his nephew then you may have a problem. There are ways around this in terms of getting a co-sponsor when the time comes but you'll want to consider that in advance.

Well his sister could do it, I'm sure. She has a job and hasn't claimed anyone on her taxes. But how does all this Co sponsor thing work...

[KayDeeCee 4,892]

Again, if the nephew is listed as a dependent on the most recent tax return at the time you interview (financials are not needed with the initial I-129F petition filing), then he will be counted.

Already answered about the co-sponsor here > http://www.visajourney.com/forums/topic/489849-is-this-a-problem/?p=6932328

[raven52 233]

""I"" did not judge or accuse anyone of anything. I merely pointed out what I would see as possible questions, or problems, you may encounter, as I just read your post, and commented on what an "officer" might ask, or cause concern for you during the process.

I did not judge, nor accuse, just pointed out, what I read, as potential problems. I am sure there has been nothing wrong done, nor will be.

Good luck on your journey.,.,.,.it is a long one!!!!!!!!!!