I 134 and Income being a Trucker

[VetsWife328 7]

My Fiance is a Trucker and his monthly Income varies by how much he's driving,so there is no say how much he EXACTLY makes per year.Whatever he makes IS above the 125% but what is the Company supposed to write down as annual Income???

Nat

[Yodrak 7]

Nat,

Pretty much what you wrote here, plus their estimate of how much work he should be given this year and for the foreseeable future.

This is a situation where the past several years of tax returns will be particularly valuable.

Yodrak

My Fiance is a Trucker and his monthly Income varies by how much he's driving,so there is no say how much he EXACTLY makes per year.Whatever he makes IS above the 125% but what is the Company supposed to write down as annual Income???

Nat

[VetsWife328 7]

Well the thing with the tax returns is a "problem" because his 2006 Tax Return definitley doesn't meet the 125% since he was unemployed from May until November when he switched Branches and started Trucking. He does make good money driving and like I said we will be above the 125% which we will be able to show on the 2007 Tax Return for AOS.But can the 2006 Tax Return cause problems even though we can provide pay stubs showing his Income?

Nat

[Dakine 26]

Well the thing with the tax returns is a "problem" because his 2006 Tax Return definitley doesn't meet the 125% since he was unemployed from May until November when he switched Branches and started Trucking. He does make good money driving and like I said we will be above the 125% which we will be able to show on the 2007 Tax Return for AOS.But can the 2006 Tax Return cause problems even though we can provide pay stubs showing his Income?

Nat

Depends on when your K1 embassy interview will be. If it's in 2008 then he'll be able to use 2007 for most recent years taxes.

Looks like your interview won't be until next year.

[VetsWife328 7]

Well ya that could be.We're STILL waiting for his divorce to go through and will put our I 129 in as soon as thats done.But there aint no telling whether that will be next months or later.So far we dont have a date..........But in this case (with the tax return of 2006 being way below the 125%) it seems to be a good thing.........well at least for that........

Nat

[Yodrak 7]

Natashabrenda,

There is important information in this post that you neglected to provide in your first post.

Do not make the same mistake when you present the information to the visa officer.

Yodrak

Well the thing with the tax returns is a "problem" because his 2006 Tax Return definitley doesn't meet the 125% since he was unemployed from May until November when he switched Branches and started Trucking. He does make good money driving and like I said we will be above the 125% which we will be able to show on the 2007 Tax Return for AOS.But can the 2006 Tax Return cause problems even though we can provide pay stubs showing his Income?

Nat

[VetsWife328 7]

To Yodrak:

If I remember it correctly you yourself has told me not too log ago that all they care about is what he's making NOW (when we file) and not so much about the past.........

So are you trying to say that we will get problems later on because of his low Income in 2006? That by the way is the ONLY year (out of the past 10) that he didn't meet the 125%.As far as I know we have to provide several years of Tex Return at AOS stage right?

And as far as me mentioning anything-

By God I will only answer question I have been asked or will be asked and NOT give out any further info that might be harmful to the visa.

Nat

[Yodrak 7]

Natashabrenda,

No, I am not saying that he will have problems because of low income in 2006. I don't know if he will or not.

Present income is of primary importance, but past income is looked at along with present inome because it can give an indication of whether or not the current incoms can be expected to continue into the future. In this case it appears that current income is coming from a different and relatively new source as compared to the past income. There is a disconnect, and that disconnect may generate some questions.

You will not get good answers to your questions, answers that are applicable you your situation, if you do not present a complete and accurate description of what your situation is.

Yodrak

To Yodrak:

If I remember it correctly you yourself has told me not too log ago that all they care about is what he's making NOW (when we file) and not so much about the past.........

So are you trying to say that we will get problems later on because of his low Income in 2006? That by the way is the ONLY year (out of the past 10) that he didn't meet the 125%.As far as I know we have to provide several years of Tex Return at AOS stage right?

And as far as me mentioning anything-

By God I will only answer question I have been asked or will be asked and NOT give out any further info that might be harmful to the visa.

Nat

[VetsWife328 7]

Yodrak I'm sorry but it was still in my head when you told me in the past that his paast Income is not as important that his current Income.And yeah he has switched branches from being a Helicopter Mechanic to being a Trucker.He has tried for months to get a Heli Job last year ,but since he never had an A&P License that was impossible to get and the when he decided on going Trucking I visited him for a month.Due to the CDL School being in CA and him living in WA it would have been stupid if he would have left before I came to visit.Especially since he's an OTR Driver and hardly ever home.......So yeah he could have been employed by August but choose to wait because I came over.

Any advice on how to explain that situation in case IT IS causing problems at the Interview???

I know one thing for sure,we DO NOT have a co sponsor and no chance to get one since my son has ADHD(ppl are afraid of med bills for him)......so in case his low Income in 2006 is a problem then we have a MAJOR problem............

Nat

[Yodrak 7]

Nat,

Past income is not as important as current income. That does not mean that past income is not important at all.

Be prepared to explain what the situation is and answer any questions clearly and accurately. (And tell your husband to keep his driving record clean!)

Yodrak

Yodrak I'm sorry but it was still in my head when you told me in the past that his paast Income is not as important that his current Income............

Nat