IRS Question ONE MILLION EIGHT HUNDRED and EIGHT

[Kass 0]

IRS question One Million Eight Hundred and Eight *winks*.

Our case is headed for the London Embassy this week *dances around the room with the word FINALLY going round and round in my head*!

I have been reading that they will ask for last years tax forms. I have no issues with this, however, it is for the year 2006. Half way through 2006 I was promoted at my job and make more money (of course) then I did at the beginning of 2006. So last years taxes is not an accurate aide to how much that I make. So it is basically useless.

My employer has written a letter for the Embassy with my current pay. I have pay stubs to accompany this.

I also get an additional $100.00 bonus each month in a seperate check as it is non taxable.

Also I would like to know if child support counts relative to your total income as I take in a good amount each month by court order for this.

....and on ending my fiance' recently retired from the Royal Air Force and receives a retirement check each month.....does this count as well?

We are over the poverty guidleline....but this does not stop the worry.

....and why does the poverty guidelines for 2007 expect you to add over 5,000.00 to the amount if you are applying for an immigrant Visa. The only time you do not have to add this amount is if you are active duty military......well this does not seem fair....as guidelines are guidelines.

http://travel.state.gov/visa/immigrants/info/info_1327.html

*When processing immigrant visa cases subject to the Affidavit of Support (I-864) requirement under INA 212(a)(4)©, posts must use the figures in the column on the right (125% of poverty guidelines) as the minimum income that a petitioner and/or a joint sponsor must demonstrate, or the column on the left (100%) for an active member of the U.S. Armed Forces sponsoring his orher spouse or children.

Edited September 27, 2007 by Kass

[Dan J 277]

Bonuses are taxable, unless its a reimbursement for expenses incurred while working on the job (But then its not a bonus).

You cannot really include anything from your foreign fiancee, unless he or she transfers the assets to you, or has enough to self sponsor.

Military gets some extra benefits to help with cost of living that are not included in income. Thats why the support requirement is lower. But really 125% of the poverty level is hardly enough to live in many places in the US.

[Kass 0]

Bonuses are taxable, unless its a reimbursement for expenses incurred while working on the job (But then its not a bonus).

You cannot really include anything from your foreign fiancee, unless he or she transfers the assets to you, or has enough to self sponsor.

Military gets some extra benefits to help with cost of living that are not included in income. Thats why the support requirement is lower. But really 125% of the poverty level is hardly enough to live in many places in the US.

My bonus does come each month in a sep. check with no taxes taken out of it.

and he does transfer money monthly from his bank to mine...so does that count then?

I am not too worried as we are well over the amount, I am simply curious as it will add to this.

Edited September 27, 2007 by Kass

[pushbrk 12,160]

Bonuses are taxable, unless its a reimbursement for expenses incurred while working on the job (But then its not a bonus).

You cannot really include anything from your foreign fiancee, unless he or she transfers the assets to you, or has enough to self sponsor.

Military gets some extra benefits to help with cost of living that are not included in income. Thats why the support requirement is lower. But really 125% of the poverty level is hardly enough to live in many places in the US.

My bonus does come each month in a sep. check with no taxes taken out of it.

and he does transfer money monthly from his bank to mine...so does that count then?

I am not too worried as we are well over the amount, I am simply curious as it will add to this.

The affidavit of support asks for your current income. You don't need to include child support and unless you are active duty military you need to meet the 125% of poverty level. If your current income exceeds that, you have it covered.

FYI, if your employer writes you a check that isn't a reimbursement for an expense, it is income and it is taxable. Why the check is separate and no taxes are taken out is something you haven't explained but that's between you and your employer and the IRS.

Your employment letter and pay stubs will be the most important supporting evidence.

Money your husband transfers to your account is not income.

Edited September 27, 2007 by pushbrk

[Dan J 277]

Bonuses are taxable, unless its a reimbursement for expenses incurred while working on the job (But then its not a bonus).

You cannot really include anything from your foreign fiancee, unless he or she transfers the assets to you, or has enough to self sponsor.

Military gets some extra benefits to help with cost of living that are not included in income. Thats why the support requirement is lower. But really 125% of the poverty level is hardly enough to live in many places in the US.

My bonus does come each month in a sep. check with no taxes taken out of it.

and he does transfer money monthly from his bank to mine...so does that count then?

I am not too worried as we are well over the amount, I am simply curious as it will add to this.

Your bonus should be reported to the IRS, if your taxes are not taken out when you get the check, you will have to report it and pay for it with your tax return.

Only if your using assets in your bank account as means of support. Which is generally annualized over a set number of years. 3 or 5.

[Kass 0]

It gets reported as other income as I report it, but they never give it to their managers in their checks only as a sep. check each month, but they never take taxes out of it. I still have to report it at the end of the year. What I meant by non taxable is that they do not take taxes out of the bonus checks.

As for us being above the poverty level, yes I do exceed that. That is not really a worry for me, as I said above I was curious about some things...

One being that my tax return for 2006 does not reflect the income that I have made in the past year. So 2006's tax forms will not be an accurate tool for proving that I meet/exceed the guidelines. My pay stubs of the past year are an accurate calculation of my pay.

So basically why provide a tax return if it does not reflect ones current financial status. What would be the point?

Now this years tax return would be accurate as it would reflect with accuracy my financial status. So basically again, would a letter from my employer and my pay stubs go along with the Tax Forms?

As for child support, our attorney stated that it can and has been used in the total household income of a good many of his clients. I just did not know if I had to put it in our documents if I do not have to.

[pushbrk 12,160]

So basically why provide a tax return if it does not reflect ones current financial status. What would be the point?

That's a perfectly valid question. I would provide it because you'll have a better chance of success with bureaucrats if you play their game. Unless you have a legitimate reason to withold your 2006 tax return, the answer to, "Why" is that their just isn't enough "Why not?" to take chances of delaying your reunion to prove a point.

[Kass 0]

So basically to be safe than sorry I will send the last years tax returns, then the employers letter and then my pay stubs for the last year. I guess sending more is better than not sending enough at the end of the day.

I will add child support as well, so nothing is left out.

Still unsure if my fiance' income counts as he exceeds the poverty level for himself. That confuses me a bit.

I would make a terrible accountant *lol*.

Thanks for all of your answers.

[pushbrk 12,160]

So basically to be safe than sorry I will send the last years tax returns, then the employers letter and then my pay stubs for the last year. I guess sending more is better than not sending enough at the end of the day.

I will add child support as well, so nothing is left out.

Still unsure if my fiance' income counts as he exceeds the poverty level for himself. That confuses me a bit.

I would make a terrible accountant *lol*.

Thanks for all of your answers.

Um, would your fiance's income continue in the US? It certainly doesn't count as "your" income regardless.

[Kass 0]

So basically to be safe than sorry I will send the last years tax returns, then the employers letter and then my pay stubs for the last year. I guess sending more is better than not sending enough at the end of the day.

I will add child support as well, so nothing is left out.

Still unsure if my fiance' income counts as he exceeds the poverty level for himself. That confuses me a bit.

I would make a terrible accountant *lol*.

Thanks for all of your answers.

Um, would your fiance's income continue in the US? It certainly doesn't count as "your" income regardless.

Yes it would as it is his MILITARY retirement from the RAF, which he will get for the rest of his life, and it does exceed the poverty guidelines for himself.

I am only asking questions here to learn.

Happen to find this:

"Can A Beneficiary's Ongoing Income Be Counted?

Q: Can a visa applicant's steady income, which will continue after his/her obtaining lawful permanent resident status, be counted with the sponsor's income?

A: Under certain circumstances, yes."

Well it is retirement so it will continue.

Edited September 28, 2007 by Kass

[pushbrk 12,160]

So basically to be safe than sorry I will send the last years tax returns, then the employers letter and then my pay stubs for the last year. I guess sending more is better than not sending enough at the end of the day.

I will add child support as well, so nothing is left out.

Still unsure if my fiance' income counts as he exceeds the poverty level for himself. That confuses me a bit.

I would make a terrible accountant *lol*.

Thanks for all of your answers.

Um, would your fiance's income continue in the US? It certainly doesn't count as "your" income regardless.

Yes it would as it is his MILITARY retirement from the RAF, which he will get for the rest of his life, and it does exceed the poverty guidelines for himself.

I am only asking questions here to learn.

Happen to find this:

"Can A Beneficiary's Ongoing Income Be Counted?

Q: Can a visa applicant's steady income, which will continue after his/her obtaining lawful permanent resident status, be counted with the sponsor's income?

A: Under certain circumstances, yes."

Well it is retirement so it will continue.

Well, his income doesn't "count" for your I-134 and it doesn't sound like it's needed but I would certainly provide some documentation of it in your financial folder. It will go a long way toward satisfying any unlikely public charge concerns.

I usually recommend the intending immigrant hand over all financial documents when any are asked for. Sometimes they don't even ask for them. Put the required stuff on top, of course.

[Kass 0]

So basically to be safe than sorry I will send the last years tax returns, then the employers letter and then my pay stubs for the last year. I guess sending more is better than not sending enough at the end of the day.

I will add child support as well, so nothing is left out.

Still unsure if my fiance' income counts as he exceeds the poverty level for himself. That confuses me a bit.

I would make a terrible accountant *lol*.

Thanks for all of your answers.

Um, would your fiance's income continue in the US? It certainly doesn't count as "your" income regardless.

Yes it would as it is his MILITARY retirement from the RAF, which he will get for the rest of his life, and it does exceed the poverty guidelines for himself.

I am only asking questions here to learn.

Happen to find this:

"Can A Beneficiary's Ongoing Income Be Counted?

Q: Can a visa applicant's steady income, which will continue after his/her obtaining lawful permanent resident status, be counted with the sponsor's income?

A: Under certain circumstances, yes."

Well it is retirement so it will continue.

Well, his income doesn't "count" for your I-134 and it doesn't sound like it's needed but I would certainly provide some documentation of it in your financial folder. It will go a long way toward satisfying any unlikely public charge concerns.

I usually recommend the intending immigrant hand over all financial documents when any are asked for. Sometimes they don't even ask for them. Put the required stuff on top, of course.

Yes, I was thinking that as well relative to the Public Charge Concerns. Which is basically their main concern from what I have read. One thing about VJ it does push you to research which is a good thing.

I came across this as well:

Q: Do the new income requirements apply to all immigrant visa applicants even if they use the I-134?

A: No. The 125 percent minimum income requirement, the need for the last three years income tax returns, etc. only apply to those cases in which an I-864 is required. All other cases will be adjudicated on the basis of previously existing guidance and procedures.

This is confusing as well, so basically this is saying that you do not need to meet the 125 percent for the I-134 but you do for the I-864 which is the one that we will file after we marry?!

Well, after reading your responses I am not taking any chances...I am sending everything.....even the "kitchen sink" as one poster put in another thread...loved that one!

Again, thanks for all of your help in understanding all of this!

Edited September 28, 2007 by Kass