I-134 Income Question

[MattW83 2]

Hi all, 

 

I couldn't find a case quite like mine, but maybe someone with recent experience can help me.

 

I expect the NOA2 for our K-1 in early September, and want to be sure I have the right documentation of my current income, which is tricky: I lived in Da Nang for all of 2018, working at a University there. They never provided any proof of income to me - they even put a false amount on my contract, to save on health insurance costs I suspect.

 

My fiance and I lived together from about April 2018-June 2019 in Da Nang.

 

I moved back to the US June 1, 2019 to accept a job offer here, and my income is more than enough to satisfy the 120-125% requirement. So, in short:

• I did not file 2018 taxes (everything I read said it wasn't necessary - and it probably wouldn't meet the income requirement anyway)
• I will not have tax transcripts (obviously) from 2019 before her interview date
• I can supply pay stubs and a letter from my current employer stating my income
• I can provide a co-sponsor, if they'll accept it

 

I was hoping to get some advice from someone who has recently gone through this. Is this enough? Will it be accepted in HCMC? Any feedback is welcome, thanks!

[Hoa Nguyen 26]

It's going to be tough to find someone with your exact situation that can shed some light.  

 

From my experience and what I have gathered being on here, work history and current employment are what is most important.

 

Can you provide tax transcript prior to 2018 that would help substantiate your work history?

 

Do keep records of any pay stubs moving forward as this will be what they will be reviewing for your income.  

 

Lastly, I wouldn't sweat this too much, just provide everything that you are able to that shows work history and current employment and you will be fine.  The last full year you have verifiable work with income will be the benchmark they use to determine eligibility.  If you have no work history prior, they will use your current pay stubs and employment to determine your income.  

 

 

[MattW83 2]

10 minutes ago, Hoa Nguyen said:

Can you provide tax transcript prior to 2018 that would help substantiate your work history?

 

 

I appreciate it. I'm definitely sweating it, as you can tell. I do have the transcripts from previous years. In 2017 I only was taxed on income for half a year (I left that job and worked for cash on the family farm in June 2017), which (barely) meets the 125% level.  In 2016 I made more than enough, close to my current income level.

 

Thanks again for the reply. I'm just trying not to screw this up on my end.

[Crazy Cat 39,192]

18 minutes ago, Hoa Nguyen said:

The last full year you have verifiable work with income will be the benchmark they use to determine eligibility.

On what do you base this statement?

[Hoa Nguyen 26]

3 minutes ago, missileman said:

On what do you base this statement?

I am basing this on common sense.  If OP has filed a US tax return in 2017 and did not work in the US in 2018 and is unable to provide verifiable income in Vietnam, then USCIS would only have 2017 data and his current employment data to base their decision on.  Apology if this is incorrect?

[Crazy Cat 39,192]

10 minutes ago, Hoa Nguyen said:

I am basing this on common sense.  If OP has filed a US tax return in 2017 and did not work in the US in 2018 and is unable to provide verifiable income in Vietnam, then USCIS would only have 2017 data and his current employment data to base their decision on.  Apology if this is incorrect?

My understanding is that eligibility is based on current and future income....income which will continue in the US......not past tax filings.....except for self-employed sponsors.

Edited July 30, 2019 by missileman

[Hoa Nguyen 26]

12 minutes ago, missileman said:

My understanding is that eligibility is based on current and future income....income which will continue in the US......not past tax filings.....

I'm not so sure about the future income part because that can be difficult to assess in certain situations.

 

My money is that they would take the easiest route to determine the annual income amount...which is to take prior year tax filling.  

 

Proof of current income is just to show employment and possible changes that would adjust your prior year's income amount.

 

Prior year filling is really the most reliable way to quantify your annual income.

 

Edited July 30, 2019 by Hoa Nguyen

[Crazy Cat 39,192]

7 minutes ago, Hoa Nguyen said:

My money is that they would take the easiest route to determine the annual income amount...which is to take prior year tax filling. 

Current income is not determined by prior tax filing.

https://cliniclegal.org/resources/calculating-income-affidavit-support

Calculating income for the affidavit of support

 

Edited July 30, 2019 by missileman

[Crazy Cat 39,192]

13 minutes ago, Hoa Nguyen said:

Prior year filling is really the most reliable way to quantify your annual income.

 

Not for a petitioner/sponsor is currently unemployed........

Edited July 30, 2019 by missileman

[Hoa Nguyen 26]

Nice work an the analysis.  So OP is good to go and can use his current pay stubs to determine current year income.

 

As with most things here YMMV.  I used all figures from my prior year return when I filled out my forms.  Encountered no issues and was never asked any questions relating to my income on the interviews.  

[MattW83 2]

18 minutes ago, missileman said:

Current income is not determined by prior tax filing.

https://cliniclegal.org/resources/calculating-income-affidavit-support

 

That's good information, thanks for the link.