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Sarry08

Below poverty level

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So my fiance has a job at a newspaper company. He's a photographer. We're quite anxious about his salary, because on the paper it will show that he's below the poverty guideline, but he does some shoots on his own and make money out of it. The thing is it just doesn't show on the paper. What should we do?

 

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Have him report all income (including freelance) on his taxes. 

Or get a cosponsor. 


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10 minutes ago, milimelo said:

Have him report all income (including freelance) on his taxes. 

Or get a cosponsor. 

Is that possible? 

Because I've heard that manila embassy doesn't accept cosponsors on k1

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1 hour ago, Sarry08 said:

Is that possible? 

Because I've heard that manila embassy doesn't accept cosponsors on k1

One of those reasons why under reporting your true taxable income will come back to bite


YMMV

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Persons in family/household Poverty guideline
1 $12,140
2 16,460
3 20,780
4 25,100
5 29,420
6 33,740
7 38,060
8 42,380

For families/households with more than 8 persons, add $4,320 for each additional person.


8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

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He hasn't documented these earnings in his tax returns for the past years? If he has (which he should have) then his tax return will include the self-employed schedule indicating his earnings. If he hasn't, well, that's a big mistake that can cause problems.

 

If his this self-employment side-gig is something new (2018) and he hasn't had to file taxes for it yet, then he'll need to document it some other way to show that it's a reliable flow of income.

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Manila usually doesn't ask for the I-134. But have one ready (with all supporting documentation) anyway. You'll need it for the I-864 later (for AOS after entry on the K-1 visa), although a joint sponsor can be used at that time.

 

If any part of the income isn't reported on his taxes, then it won't be considered for the I-134 (or I-864). You can't cheat the system by saying you have income in one case but not have it in another.

It's also illegal to deliberately not claim taxable income, although that's an issue to take up with the IRS, not immigration.

 

Freelance/Self-employment income earned in the same year won't be considered...it is business revenue (not income) until claimed on the tax return.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Document everything to IRS so it will show on his taxes or get a co sponsors or does he have any savings? I make enough for our K1 but I'm like not even $2,000 shy for AOS however I have tons of savings from past income taxes to help.

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13 hours ago, Alabamak1 said:
Persons in family/household Poverty guideline
1 $12,140
2 16,460
3 20,780
4 25,100
5 29,420
6 33,740
7 38,060
8 42,380

For families/households with more than 8 persons, add $4,320 for each additional person.

I am confused about this, what if you are 4 people living in one house but each has their own income,.What would I like to know is do you still need to count that as 4 households if the 2 is not depending on your sponsor's income?

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5 minutes ago, thine said:

I am confused about this, what if you are 4 people living in one house but each has their own income,.What would I like to know is do you still need to count that as 4 households if the 2 is not depending on your sponsor's income?

household size is counted like this....for your purpose:

 

The petitioner, his/her dependents, the beneficiary and his/her derivative beneficiaries....not the brother of my cousin,who lives in the house and has a part time job 


8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

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Just now, thine said:

I am confused about this, what if you are 4 people living in one house but each has their own income,.What would I like to know is do you still need to count that as 4 households if the 2 is not depending on your sponsor's income?

Only the income of the sponsor (primary OR co sponsor, if used) would qualify.

The household size would only include the sponsor, K-1 + K-2 applicants being sponsored, the sponsor's under 21 children, the sponsor's other dependents on their tax returns, and anybody else with whom they have a current I-864 in effect with.

 

For the I-864 later, the sponsor can also include the income/assets from any family members in the household who they have a household agreement with (via an I-864A).

 

So for example, if the petitioner has no children and lives with parents and/or siblings - but does not claim them on his taxes as dependents - then the household size would only be 2 (himself + the K-1 applicant). The parents and/or siblings would not be included in the household size.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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14 minutes ago, geowrian said:

Only the income of the sponsor (primary OR co sponsor, if used) would qualify.

The household size would only include the sponsor, K-1 + K-2 applicants being sponsored, the sponsor's under 21 children, the sponsor's other dependents on their tax returns, and anybody else with whom they have a current I-864 in effect with.

 

For the I-864 later, the sponsor can also include the income/assets from any family members in the household who they have a household agreement with (via an I-864A).

 

So for example, if the petitioner has no children and lives with parents and/or siblings - but does not claim them on his taxes as dependents - then the household size would only be 2 (himself + the K-1 applicant). The parents and/or siblings would not be included in the household size.

Wow you are so brilliant. I have been thinking about it. now that my interview is coming near for AOS.Thank you

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On 6/9/2018 at 9:00 PM, geowrian said:

Only the income of the sponsor (primary OR co sponsor, if used) would qualify.

The household size would only include the sponsor, K-1 + K-2 applicants being sponsored, the sponsor's under 21 children, the sponsor's other dependents on their tax returns, and anybody else with whom they have a current I-864 in effect with.

 

For the I-864 later, the sponsor can also include the income/assets from any family members in the household who they have a household agreement with (via an I-864A).

 

So for example, if the petitioner has no children and lives with parents and/or siblings - but does not claim them on his taxes as dependents - then the household size would only be 2 (himself + the K-1 applicant). The parents and/or siblings would not be included in the household size.

One question again, what is considered the income, the proceeds or the adjusted after gain or loss? 

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