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kippinski02

Help!!!!! NOI 2 recieved...change of job from W2 to Self Employed + dependent question

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ok so here is the situation: after 8 months through Texas finally received NOI 2 Approval....for my fiance who is in Vietnam...when I originally filed I had a w2 job and was laid off...Now I am a Networking Consultant and do make money - enough for the requirement but a lot work done was paid in cash...I am doing my return now...also, I got married to a non-k1 immigrant from Spain 4 years ago that was teaching English in Florida and petitioned her and did fill out Financial Support Form...I see that I might have to include her as a dependent - but our marriage ended before our first interview,,,I filed for divorce 3 months after marriage as we did nothing but argue...I left her her before even interviewing with her on a regular Marriage Petition- she did not even have an interview before I left her....

So my questions are:

1, My 2014 taxes that I am currently doing was for 4 months Self Employed with my LLC - but just started out at that time and didn't make much money..I do have enough for support with my W2s but how will they judge what I am making now since changing jobs- as Guidelines are - If Self Employed send last years tax return...

Should I raise the amount of what I made- and just pay taxes on it...or leave it alone? How would they judge what I am making currently? Should I just pay myself? With valid paystubs from my own company to show income currently working?

2. Since I never actually went to the first interview with my ex wife for the Marriage visa- Do I need to include her as an extra dependent on the Affidavit of Support....we no longer talk- I think her school renewed her contract..I doubt that she is here because of my petition..but possibly?? there was never a reason she could get grencard without me- and there was never any form of abuse...so just curious..

thanks

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Does line 22 of your 1040 show you have enough to meet the requirement? If so, then you should be ok with that and your past W-2 for the year. If not, can you adjust it to show enough before filing it? You should because you will also need to supply an I-864 when it comes time for AOS, and they will also base it on your most recent tax return when self-employed.

If someone is not your dependent, as in you do not support them and/or claim them on your taxes, then they are not listed as a dependent on your I-134. You simply list them where it asks if you have ever filed a petition for anyone. If you never supplied an I-864, then they are not counted in your household size.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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yes - sorry for my confusion- but that is for I-134 Affidavit of Support fiance, but what about when she is in the USA- the form I-864 is worded differently...that marriage Affidavit of support is worded a little different......I don't want that one to bite me in the ### when she is over here- I made enough for 2 dependents but not 3 (if needed I will put more money earned on my taxes to cover difference- but only if i have to....

I-864

Household Size:

6. If you have sponsored any other persons on an I-864 or 1-864 EZ who are now lawful permanent residents list here:

8. add lines 1-7 This is your household size:

I am doing taxes now for 2015 that she will use the get Work Permit....and I will have to fill that out once she is here and we are married...seems my ex may be added in there? but I have no idea if she is a lawful resident or not- as we no longer talk....I think she is - but I never went to first interview with her...and I don't know her status-- so just trying to figure out Household size....and if number 6. if i will have to add her there on the I-864

thanks!!

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If you signed an I-864 for her to receive a green card, then yes, you have to count her on the I-864 for current spouse, unless you know she left the country and gave up her green card, worked for 40 quarters(about 10 years), became a USC, or died.

How did she have an interview for a green card without you being there? What was filed for? When did you submit the I-864? How can you not know if she became an LPR or not?


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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i dont know how she is here but do remember that the school always renewed her h1b working visa- or whatever its called...i was married 2 months and seen I couldn't live with her and packed my stuff and moved into my rental- so I doubt she is here cause of my petition-- I never abused her..

I did tell her hey we not working out- and I don't feel comfortable going interview- and she freaked out- not me..I moved out and ignored her texts- but she did always try to make me sound threating..like "you threatened you would not go interview" but I just ignored due to someones advice that had simular...i think she tried use me gc-- thats why i didnt go interview...i didnt threaten her- just said i am packing my bags moving out filing divorce and will not go interview...I simply up and left-- in fact she tried sleeping on my balcony after i moved and in her car-- i just wanted her out of my life- and now have to make extra to petition someone i been with for 2 years...

i just dont see how she could be here when I never went to first initial interview??? but do know she had a h1b visa or whatever- as she was legit working at school- and they do renew

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So, she was in the US and you married and then filed the I-130 and I-485? She could not have been approved at the adjustment of status interview if you divorced and were not there. So, I do not think you have active I-864 for her. She would not have become an LPR.

You can always try contacting the USCIS to find out if you have an active I-864 being enforced currently. It does not really sound as if you do though. Once you split up, you should have sent a letter to withdraw your I-130 and I-864.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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