ScottMichela

Hi all,

After yesterday's trip to the local SSA office we became aware that my wife is not in the SAVE records. This doesn't make sense to us because we entered the US on March 17th. We went through the whole POE process without a hitch. Since then we have married and 10 days ago we filed for AOS/EAD/AP.

On May 1st we got our first Notice of Action that her AOS package has been recieved. How could it be possible that she is not in the SAVE system after 1.5 months and things are moving on other fronts? Do the SAVE records have any bearing on the AOS/EAD process?

We entered at JFK with a 2 hour long line, so I don't know if it is something that could be backed up or if it is automated and instantaneous. Any advice on how to sort this out would be fantastic!

COs generally do not ask for explanantions. The interview process is usually less than 2-3 minutes.

Fill out the I-134. Where it asks for income, state your total combined CURRENT GROSS INCOME from all sources (or whatever sources you want considered) and attach documentation of that. It matters not if you have 2 or 3 or 10 jobs.

Neither you nor your employer must state hours worked or days worked. Simply that you are employed as________________ and earn $XXXX per year. In fact you do not even need a letter from them, attaching recent check stubs will verify the income. You state your current annual income. The big job you just completed counts. If you did the I-134 TODAY add all the income to date for 2013, divide by two and multiply by 12...VOILA! Current annual income from self employment. Add that to the income from your job (whatever it is) and VOILA! Total current annual income. Attach copies of recent bank statements, hopefully you deposited the money...right? Though they do not need to match exactly, the bank deposits will serve to verify your statements.

This is not a court of law, you do not need evidence beyond a reasonable doubt. Just some verification of what you say.

Thanks, I know that this is generally how it works. That was exactly my plan up until two days ago when I was given a job offer- the question was really how can I most effectively point to the fact that my income will be increasing by a large margin since the purely freelance income of Jan/Feb flirts with the 125% line.

I have deposited all the $ and photocopied the checks for my own record.

Hi guys,

As I stated in my earlier posts I am currently working as a freelancer after getting downsized in December. I have taken peoples advice here and tried to make the self employment look as solid as possible, but now things have changed again. After completing a big job for one of my clients the other day the company offered me a job for 3 days a week and will let me keep my self employment going on the side, until June when I will work for them full time. This boss is fully aware of my visa situation, and that I will be going to attend the interview on March 12- so we have agreed to start 3 days a week at the end of March.

What I want to know now is how I can incorporate this into my i-134 case in the best way? I know that the contract is "future employment" while they are more interested in current earnings. Currently I am projecting 22k, but working 3 full days a week will put me at 27k plus the extra 10k or so that I could realistically count on from my other clients. The long term picture, written into the work agreement, is that come June I will be back up to a 45k full time position that I lost in December. Since I wont have regular employee paystubs for the interview, and only the job letter, what can I do to best demonstrate that my situation is improving? Do you think this changes how I should fill out the I-134, or must I stick strictly to the current rate of earnings? (even though things will be much better immediately following the interview)

Any advice on how to best tell this story is really appreciated- I am just hoping for a logical CO that sees it as it is, a recent graduate doing what he could in a transition period. However I am made very nervous by the fact that the i-864 abjudicating instructions include a clause that give the CO discretion to disregard employment when very recent...

And just to clarify, the tax return doesn't really reflect my self employment. It reflects more that I was a student and then worked for 4 months at a firm earning at a rate of around 48k. The current self-employment is the result of a big downsize.

Yes I am self emplyed now projecting 22k. I will be showing letters from my 3 clients, invoices and matching checks. I will declare it, was just freaking myself out that un documented $ which puts me conveniently into the 125% range could look like fluffing

Hey all,

I have sort of a weird question here that I'd like to toss out there. I am completing my 2012 tax returns, and since I was a student 1/2 the year they look low. I am self-employed now, so I expect them to look heavily to my previous year's tax return. As it stands I am just below the cusp of 125% on my 2012 1040. Here's where it gets tricky...

In my time between graduation and full time work I was paid $1500 in cash to build a shed. I have no proof of this transaction since it was done in cash, and the guy obviously wasn't going to send me a 1099 if he wanted to pay me in cash. This is a substantial enough payment that I want to report it, and would also like to do so for the purposes of pushing my 1040 into the 125% requirement. However I am nervous that $1500 of undocumented income which just so happens to qualify me on the i-134 would look suspicious to a CO. Is there anyway they could question your tax return in this way? Do they have that discretion or am I losing my mind trying to guess their actions? The best that I can do to document this $1500 is show the cash deposit I made to the bank, but it was mixed in with other checks I deposited at the same time so it doesn't even show up as $1500.

If you've got experience with taxes or the I-134 please help!

Hey all,

I have sort of a weird question here that I'd like to toss out there. I am completing my 2012 tax returns, and since I was a student 1/2 the year they look low. I am self-employed now, so I expect them to look heavily to my previous year's tax return. As it stands I am just below the cusp of 125% on my 2012 1040. Here's where it gets tricky...

In my time between graduation and full time work I was paid $1500 in cash to build a shed. I have no proof of this transaction since it was done in cash, and the guy obviously wasn't going to send me a 1099 if he wanted to pay me in cash. This is a substantial enough payment that I want to report it, and would also like to do so for the purposes of pushing my 1040 into the 125% requirement. However I am nervous that $1500 of undocumented income which just so happens to qualify me on the i-134 would look suspicious to a CO. Is there anyway they could question your tax return in this way? Do they have that discretion or am I losing my mind trying to guess there actions? The best that I can do to document this $1500 is show the cash deposit I made to the bank, but it was mixed in with other checks I deposited at the same time so it doesn't even show up as $1500.

If you've got experience with taxes or the I-134 please help!

Is this really going to be an issue? I have evrything other than deposit history which has been unanimously denied by every official of 3 separate banks! I have statements... what else can I do?

I handed all my paperwork during the 'pre-interview'. The lady who collected it asked for my documents one by one and checked I had everything in order. When it came to the affidavit of support, she asked for the i-134 first, and then for all the supporting documents. Again, I handed those one by one.

The CO didn't mention the affidavit of support at all during the actual interview - I assumed it was because my fiance's income was more than enough to meet the poverty guidelines.

Best of luck to you - try not to stress out toooooooooooooooooooo much.

Great! So glad to hear this from a Naples survivor too. Haha, I think I've passed the "toooo much" threshold. Did they request specific evidence for the I-134, or were you able to hand them a packet? I'd hate to not be able to give them information that would help a favorable ruling just because they didn't request it.

Self employment is feasible if the income is documented. Seems like you are working on that. Since the self employment is fairly recent then I would attach 3 years tax returns in addition to show some income history.

Mmm yes, I'm trying to prepare for that as well. I graduated in May 2012, so my tax returns are low. I've filed my 1040 for 2012 already and could put down 22k from my old W-2. Before that, however, my only income was summer pay adding up to about 6k per year. In case they don't go easier on recent students, I have included proof of assets to make up the shortcomings of 2011 & 2010 income. Hopefully these assets (all liquid, close to 3x the 125% guidelines) will help ease the doubts of my shorter work history. In any case I have my sister as a co-sponsor (no other dependents, very comfortably above 125%), but have been thrown into a frenzy after reading about 4 recent public charge denials at the Naples Consulate. Thanks, Gary & Alla, for your attentive answers and experience.

Yes, generally prospective employment for anyone is not counted. To be precise I mention that it CAN be taken into consideration but normally is not. They go by CURRENT annual income.

Haha, yes, this is my personal tragedy. Lost my full time employment unexpectedly on the same day we got our NVC letter. This self employment is really just a transition- but I'm scrambling to present it as stable as possible with client letters and the like.

Hey VJ members,

In your experiences how did the CO go about requesting the i-134? I have spent 10 days gathering documents that I have so many details in my head! I need to back away and get a sense of the big picture again. Did they take your i-134 and review if before your conversation, or did they ask during the interview? Did they ask for very specific proof- or did you just hand them a pile at once?

This is by far the most stressful portion of the visa for me- anything to put my mind at ease would help!

good luck!

The job offer is irrelevant since it is not current income.

Job offers are dubious possibilities since a friend can offer a job that never materializes when the immigrant gets to the US.

would you consider this the same if it were the USC with a job offer? I am currently self employed but at the same time sending out my resume in hopes of finding a full time position to show.

Consualtes have no "carved in stone" rules regarding the financial sponsorship...unless the consulate itself makes them. They only need to be satisfied that she will not become a public charge and each consulate can do this in their own way, There is nothing that prevents the consulate from considering her future employment ability, in fact DOS field manuals specificly say the CAN consider her future income potential.

In practice, few, if any, actually do this. Bottom line...do not count on it but it would not hurt to add this information.

Thanks for your reply. I think you are right- and we will not be relying on it but will include it regardless. She has worked for this employer legally in Italy (he has a project which she served as translator and local consultant for), so I will go over this all again in the guidelines. I remember reading something along the lines of "if the beneficiary can prove her current income will continue from the same source upon immigrating"...

I was never really banking on it as proof she wouldn't be a public charge- but my father brought up the point that it's an important fact if someone other than a visa officer asked the two of us what our plans are. Having never gone through this experience, I thought it wasn't too farfetched that a CO would ask a simple question like this- rather than sticking only to numeric guides.

Hi guys,

I'm a bit worried in general about our i-134 since my income is borderline and I only have several months of work history due to a recent graduation. I'm trying to imagine the discussion over public charge in as many ways as possible- going a bit crazy in the mean time. So I wanted to ask, if the conversation were really an evaluation of the applicants as people (rather than 100% based on a guideline figure)would it be helpful to show that my fiancee has a job offer upon the approval of her EAD? She has a letter from her future employer in the US stating that the relationship will begin upon the approval of her EAD. It also lists her future salary.

I know that the i-134 is about me- and I am fully intending/prepared to sponsor her financially. But I can't help but think that if I were applying for something in the real financial world- such as a lease- that this would be very favorable information.

My question is- would it be of any use to disclose this? Or would it instead be seen as A. a secondary motive to immigrate, or B. a shirking of responsibility on my behalf.

Hey guys,

I'd really like to hear some experienced VJ input on my situation. As I've mentioned here before I am self employed and will be showing a current income of about 22k using invoices/payments and client letters as proof. Since I graduated in May 2012 and dont have a long work history, I am also providing assets. This is where I am a bit worried.

I recently came to acquire an educational savings trust. The account was opened in 2004, and I have always been the beneficiary- but only in the past month was I named the sole owner. Is this an asset that is likely to be discarded due to the fact that I only recently came to fully own it? Accompanying the verification of ownership I have year end statements from 2004 which show me as the beneficiary, but my father as the owner. In addition, I have a signed letter from my father which states that transfer of the account is a gift and follows the natural pattern of my coming of age.

I know that this letter would nullify any claim he could make to the asset in civil court, but will the gift letter and statements mean anything to the CO that this has always been in my interest?

Any advice or similar situations would be really helpful- thanks!

Hey VJ members,

For those of you that have been through the interview- when did they collect your papers? I know every consulate is going to be a bit different but i'm trying to get a sense of how things will go. I read that there is a pre-interview screening when you hand over your papers and then wait to be called. Does this mean you hand over everything? For example all of your i-134 evidence...or is that sort of supporting evidence asked for one piece at a time when you are at the window being interviewed for real?

Thanks- it will help me organize my package to know this

Hey all! I have just begun the process for the K1 visa with my Peruvian fiancé. I am currently serving as a Peace Corps Volunteer in Peru and plan to Close my Service in August of 2013. The hope is that we can get the process completed so that he can return home with me in August. We filed out I-129F 2 weeks ago and are still waiting for our NOA1.

What I am concerned about is the next part of the process which includes the financial requirements. I have made only about $4,000 last year through my PC pay which I have read can be a problem. I also have been teaching English online and making about $150 a week because I only work about 15 hours. I want to include with the financial part that when I get back to the US, i plan to continue that job where I will have the opportunity to work up to 50 hours a week, as well as my other job offers that I have as a cook in restaurants and hotels where i have worked in the past.

I am wondering about the cosponsor process and how to go about that. Is there an extra form that I need to file for this, or do I just need to bring in an extra 134 from my parents?

I also am wondering if anyone has information about the process from the Peruvian Embassy and if they accept cosponsors, as i have read that some are pickier than other.

Wilmer and I are very hopeful with this process but we have already had a lot of frustrations when dealing with the embassy and Visa process as we were denied twice from getting a tourist Visa for him to visit my family for last Thanksgiving. I really want to make sure that I have all my bases covered so that things will go as smoothly as possible.

Thanks for any help you can provide.

Sabrina And Wilmer

If you filed two weeks ago the chances are that you won't be in time to return together in August. If your case follows the average timeline your interview date (the point in time when you must provide the financial affidavit)will likely be around the end of 2013. It will mean difficult time away from your SO, however in a way it will work to your advantage. My advice is to return when your PC duties are over and take up one of your job offers. Whether you choose the English teaching or the hospitality jobs you should try to build up a little work history so you can more easily show a letter from your employer and pay stubs. You can get a co-sponsor, but it is not garaunteed to be considered and its best you get as close to independent as possible in the eyes of a CO.

Best of luck with the rest of your application!

Nope she is not an immigrant nor your dependent. She doesn't count as part of your household count.

great! thanks for your help

don't confuse tax data (as it's prior years) with current annual income.

IMO, show your CURRENT annual income as current annual income. The Vice-Consul will do some math, summing what your accumulation from '1 Jan 2013 to interview date ' income was and extrapolating what 12 months of that will look like.

What you call a 'blunder of timing' really isn't that - it's the dividing line between prior years income as shown by tax returns and current annual income.

okay, so this brings up another silly question. when i project my annual income should I only include payments recieved since january 1? the difference will be minor if i project based on 2.5 months of doing it (total) versus 2 months (since jan 1)

The other poster is completely incorrect.

Even though you're completing the I-134, similar rules to the I-864 apply. The instructions of the I-864 explain "household" size. It does NOT mean anyone who lives in the same house HAS to be included, that would be ridiculous (especially because when I immigrated my then fiance had friends staying over because of Hurricane Katrina... there were 6 people in the house at one stage!). Here: http://www.uscis.gov/files/form/i-864instr.pdf bottom of page 2, column 1.

The only time you would include someone who lives in the house is if you're using their income to supplement yours, in which case they need to sign an I-864A. If your income alone is enough they don't county as a "household member" or their income. If your mothers income was needed for the I-134 she would need to sign her own.

So basically, if it's just you and the immigrant, then it's 2.

so if i use her as a cosponsor for the i-134 she fills out her own and is still NOT part of my household? if her acting as cosponsor means that i have to account for a household of 3 then i'd rather use my sister as a co-sponsor who has a separate address.

You have to show the entire household size, including you, your mother, and your fiance(e). You can also use the entire household income, having your mother complete the I-864A for AOS.

For the I-134, I believe you would have your mother fill out a separate I-134, and treat her as a co-sponsor.

and there is my confusion. since we were not a household for the IRS, and she is completing a separate i-134 (i.e. her income is not directly combined with mine on the i-134) why would we be a household of 3 at this stage?

Hey all,

I'm a little confused at the moment about my household size. I have the same primary residence as my mother, but the 2012 tax transcripts will show that we are compeletely independent. I am not her dependent and she is not mine- we are both filed as single. But, looking ahead to the i-864 form I see that one question has an option "g." which gives you the option of listing an adult sibling or parent as part of your household. I believe this is what you check if you have a co-sponsor in the same household filling out an i-864 A form. In short I'm confused whether to follow the 2012 tax transcripts or this i-864 option when filling out my i-134 form. It would make the difference of a 2 person or 3 person household. I do not contribute to the household costs (there is no mortgage anyways) and technically stay as a guest.

Please help

anyone else have advice? is the hard number all that they look at or will some consideration be given to personal story?