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Gross Earnings and Income Tax 2014

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Will a gross earnings (previous year 2014) of below poverty guideline matter? Beacuse the company that the petiotioner worked for last year didn't file taxes but it is shown in the bank statements, direct deposits of salary

Did the petitioner file his/her 2014 income tax with the IRS? If so, then the gross earnings will be on line 22 of the 1040. That number must be greater then the poverty level for the size of the family. If it is under then he will need to use a co-sponsor preferably a family member. USEM does not approve a lot of K-1 visa's with a co-sponsor. The only other avenue is to marry in the Philippines and file a IR-1 which they have to take a co-sponsor with that visa.

Edited by Greenbaum

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Did the petitioner file his/her 2014 income tax with the IRS? If so, then the gross earnings will be on line 22 of the 1040. That number must be greater then the poverty level for the size of the family. If it is under then he will need to use a co-sponsor preferably a family member. USEM does not approve a lot of K-1 visa's with a co-sponsor. The only other avenue is to marry in the Philippines and file a IR-1 which they have to take a co-sponsor with that visa.

But his earnings this year are above poverty guideline. And he did earn more last year but it was not reflected on his income tax but he has bank statements that last year that have direct deposit from the company he worked for last year

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But his earnings this year are above poverty guideline. And he did earn more last year but it was not reflected on his income tax but he has bank statements that last year that have direct deposit from the company he worked for last year

They will be looking for a legal document and a W2 or income tax 1040 filed with the IRS as the proof of income. Technically, he has unreported income and that can get him in hot water with the IRS. Did he file an extension, which would be a "guesstamation" of his earnings and a payment of the taxes owed until such time that he gets the proper tax forms from his employer to complete the IRS income tax filing.

Something doesn't sound right here. Why would his company not give him legal earnings documentation (W2) so he can file is taxes? That's what you have to determine.


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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They will be looking for a legal document and a W2 or income tax 1040 filed with the IRS as the proof of income. Technically, he has unreported income and that can get him in hot water with the IRS. Did he file an extension, which would be a "guesstamation" of his earnings and a payment of the taxes owed until such time that he gets the proper tax forms from his employer to complete the IRS income tax filing.

Something doesn't sound right here. Why would his company not give him legal earnings documentation (W2) so he can file is taxes? That's what you have to determine.

He has a W2. Every year he files taxes. Only last year he has unreported income. His former company only files taxes every 3 years

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He has a W2. Every year he files taxes. Only last year he has unreported income. His former company only files taxes every 3 years

If he has a W2 from that job then he should have filed or filed an extension for 2014 taxes. That's the document that he needs to determine and prove is poverty level.

Now I just reread your post and you say "His form company". Does he own that company, or only work for it?


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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If he has a W2 from that job then he should have filed or filed an extension for 2014 taxes. That's the document that he needs to determine and prove is poverty level.

Now I just reread your post and you say "His form company". Does he own that company, or only work for it?

Im sorry i meant his former employer. Ok, let's he didn't meet the poverty level for his gross earnings 2014 but he is above poverty level in 2015, would that be enough?

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Im sorry i meant his former employer. Ok, let's he didn't meet the poverty level for his gross earnings 2014 but he is above poverty level in 2015, would that be enough?

His current salary is used to determine the eligibility as applied to the poverty level. So if he is above PL for 2015 earnings then you are good to go. Past earnings are not necessary as important as current earnings. Don't worry about 2014 not meeting the PL, just that his current salary is.

You'll be find if that is the case.


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Documented current income that meets the requirement is what is needed unless the person was self employed for the most recent tax year (2014).


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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His current salary is used to determine the eligibility as applied to the poverty level. So if he is above PL for 2015 earnings then you are good to go. Past earnings are not necessary as important as current earnings. Don't worry about 2014 not meeting the PL, just that his current salary is.

You'll be find if that is the case.

Thank you for your reply. I hope everything goes smoothly for us

Documented current income that meets the requirement is what is needed unless the person was self employed for the most recent tax year (2014).

His current income is good. Only the 2014 that is below poverty level.

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Im sorry i meant his former employer. Ok, let's he didn't meet the poverty level for his gross earnings 2014 but he is above poverty level in 2015, would that be enough?

Yes. Include the employer letter and copies of pay stubs from the new employer.

You still need to include the most recent tax return and W-2 - that is required.

Edited by Hank_

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