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HulkySun

Is my Tax Return above the 125% poverty rate requirement?

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Tax day is cracking down. I want to have this years taxes in order. Self Employed. I am sponsoring k1 visa fiancee.  Does this this example 1040 Self Employed document satisfy the 125% poverty rate requirement for 2 household size for Fiancee in the interview?

 

You would be amazed what conflicting information I found for what they look for.  Adjusted Gross income line 8b vs Total income line 7a.  thank you so much and looking forward to filing. 

 

Also since there is conflicting info would it be safer to concentrate on the AGI to be above 125% ?

 

 

 

 

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2 minutes ago, Luckycuds said:

You made $300 more than the minimum requirement. Start looking for a joint sponsor or obtain a second job.

Why do you say that for this example?  If 'total income' is the number they are looking at, then its within limits

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7 minutes ago, HulkySun said:

Why do you say that for this example?  If 'total income' is the number they are looking at, then its within limits

Below the minimum = cannot issue the visa

Above the minimum = judgement call based upon a totality of the circumstances. Being literally right at the borderline would likely result in a refusal pending a suitable co sponsor.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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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2 minutes ago, geowrian said:

Below the minimum = cannot issue the visa

Above the minimum = judgemental call based upon a totality of the circumstances. Being literally right at the borderline would likely result in a refusal pending a suitable co sponsor.

Thanks,  so what do you consider minimal not borderline ?

Wow likely denial eh?

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Filed: Citizen (pnd) Country: Haiti
Timeline
6 minutes ago, HulkySun said:

Why do you say that for this example?  If 'total income' is the number they are looking at, then its within limits

You made 21,804, correct? Guideline is 21,550. Yes it is within the limits. But if you are asking if you will get approved my opinion is definitely not.


Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

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US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

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NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

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5 minutes ago, HulkySun said:

Thanks,  so what do you consider minimal not borderline ?

Wow likely denial eh?

Depends a lot on the circumstances. For instance, $30k/year a year is reasonable to live in my area, but would be woefully inadequate in a city nearby (Philadelphia or NYC).

Also, the age, health, education, work experience, etc. will matter.

See here: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

 

Refusal, yes. But a refusal does not mean you start all over...it can be overcome, such as by presenting a suitable I-134 from a co sponsor.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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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12 minutes ago, geowrian said:

Depends a lot on the circumstances. For instance, $30k/year a year is reasonable to live in my area, but would be woefully inadequate in a city nearby (Philadelphia or NYC).

Also, the age, health, education, work experience, etc. will matter.

See here: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

 

Refusal, yes. But a refusal does not mean you start all over...it can be overcome, such as by presenting a suitable I-134 from a co sponsor.

So this refusal of income over 125% is new to me. According to my notes on advice first I am hearing of this.   Having a business of course lots of deductions so plenty of cash coming in. 

Philippines does not do joint sponsor. 

So I am in Florida, in general lower wages and cost of living my area. 

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6 minutes ago, HulkySun said:

So this refusal of income over 125% is new to me. According to my notes on advice first I am hearing of this.   Having a business of course lots of deductions so plenty of cash coming in. 

Philippines does not do joint sponsor. 

So I am in Florida, in general lower wages and cost of living my area. 

Manila accepts a co sponsor on a case by case basis. Generally a close friend or family member can be accepted.

Sometimes they don't even ask for the I-134, but always be prepared in case they do.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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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USEM hasn't been asking on a regular basis for financials for some four years but they do once in awhile. Like @geowrian stated it's better to be prepared since you are near the borderline and it remains the judgement of the CO and "requirements" be damned. 


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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1 minute ago, Greenbaum said:

USEM hasn't been asking on a regular basis for financials for some four years but they do once in awhile. Like @geowrian stated it's better to be prepared since you are near the borderline and it remains the judgement of the CO and "requirements" be damned. 

Yea thanks for that...  I'm more worried now because its covid19 etc. Things are a bit crazy.  So now I'm racking my brain with what you guys are telling me. I have 10's of thousands in deductions other than cogs, but during this time this these months its difficult to pay, for example, 3k more in taxes than I thought I would.   so your turn :D .. what do you think the total income magic number should be?

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7 minutes ago, HulkySun said:

Yea thanks for that...  I'm more worried now because its covid19 etc. Things are a bit crazy.  So now I'm racking my brain with what you guys are telling me. I have 10's of thousands in deductions other than cogs, but during this time this these months its difficult to pay, for example, 3k more in taxes than I thought I would.   so your turn :D .. what do you think the total income magic number should be?

Get a copy of the I-864 as your guideline. We can only advise on what we have seen and what has been reported by others. You may want to move over to the Philippine sub-forum for additional help.

 

https://www.visajourney.com/forums/forum/129-philippines/


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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43 minutes ago, Cheburashka34 said:

What if you have slightly above the minimum plus a lot of savings, and your current salary is more than what was on last year's taxes?

Current income is king.

The OP stated he is self-employed, so his current income is whatever was claimed on the most recent year's tax return (anything earned is revenue, not income, until claimed on the return). If somebody is an employee, their pay stub would indicate best their current income.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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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Filed: K-1 Visa Country: Russia
Timeline
8 minutes ago, geowrian said:

Current income is king.

The OP stated he is self-employed, so his current income is whatever was claimed on the most recent year's tax return (anything earned is revenue, not income, until claimed on the return). If somebody is an employee, their pay stub would indicate best their current income.

Ohh thank you! Im worried about if I eventually file the I-864 will they look at the last year's tax return and deny us?

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