soulprovider915

I'm sure this has been asked before.

My wife will be a USC in a few months. After that we want her sister to come here so we will be bringing her mom up here first as a PR to cut on the wait time from soon to be USC wife's petition of sister. While she is waiting for the mom's petition for her, can she apply for a student visa? Can she be here on a student visa and be approved for PR status?

Thanks in Advance!!!!!

There is not a limit-- no age requirements for the brother/sister. Where is your wife's mom..? The 16 year old's mother? Do they have the same mother...?

Yes all have the same mom. The wife's mom and dad live with the brother and the sister in Ecuador.

Hi Everyone!!!

My wife will be naturalized this year. One of the first things we want to do is petition her brother and sister to come here. What are the age limits for the brother (26) and the sister (16)? Or. are there any limits at all? My wife is over 21.

Thanks in advance. I just want to see what we're dealing with long before we do anything.

If filing adjustment of status in about a month they are not considered a "Resident" until have green-card AR = Alien RESIDENT.

In this case K-1 is NON-Immigrant and like any other visitor to the USA does not need to report change of address to DHS or USCIS.

They do not have a pending application in the works, so an change of address needed either.

Simply file I-485 using new address.

Excellent Response!!! Thank You!!!

Hello!! My wife's aunt just got married and they recently moved. When they send in the address change should they still use her old last name on the AR-11? They will be sending in the AOS in about 1 month. I've read conflicting advice in the archives? Thanks for the help.

What you did will work, there is no question of that. I never doubted that and I do not disagree and I did not disagree with the fact that it "would work".

Your lack of knowledge of how it works cost you a lot of money. You gave up legitimate business expenses and costs to raise your "bottom line" and therefore what appears on line 22 of the 1040. In so doing you paid 15% self employment tax on every dollar you COULD have written off, not to mention income tax at whaever rate you pay. A lack of knowledge could cost someone thousands of dollars. I would suggest you consider an amended return and get your money back. Be prepared for an audit if you do so.

You can make these decisions for yourself, of course, and you can justify the expense as "worth it". For my money it is far more "worth it" ti=o have that money for the use of my fiancee/wife and family. Advising it to others because you do not know is not a good idea and those people should know there IS an alternative to paying thousands of dollars in self employment tax. Continuing to argue the point in the knowledge of experience that there IS another way is not a service to the people you are answering.

I was self employed for the year before I had our first (visa) interview. I made less than $6,000 (line 22) for that year. I considered the same thing you did but asked around here at VJ, studied the rules and basically spent a few months researching it before filing my taxes for 2007. Then I went with the lower (correct) number. I had also changed my method of doing business so I made myself an employee of my company, rather than being a sole proprietorship, PLUS I was "hired" by one of my former clients 6 months before my I-134 was signed (but still after the previous tax year) I have since worked with many other visa applicants in the same situation. (self employed) In every case, the income stated for the previous year WAS NOT AN ISSUE. I have heard that there are a few consulates that do put more emphasis on last year income, Thailand comes to mind. I have not worked with anyone using a consulate where the last year was given any signifigance. It is not an issue in London. I have advised several people using the London consulate. Oddly enough, even Casa Blanca is fairly easy in this regard (and nothing else!)

The OP could also incorporate her business tomorrow and hire herself as an employee and state her income from her job as an employee. She should consult with her tax person before doing this but it is possible.

There are NO disadvantages to being self employed IF you do things properly and to your advantage, not the IRS's My wife and two sons are here and I have several thousand additional dollars in the bank

If you go Corporate aren't you now going to pay your accountant much more for the year plus corporate income taxes? Even if you dump the income for the previous year, don't you still have to cross the poverty mark for the current year? Either way you'll still have to claim above the 125% mark or show that you're working towards it if it's earlier in the current year or the whole previous year. Maybe it's different for England than Ecuador. I don't know of too many Brits illegally coming to America. The Guayaquil consulate told me that I must bring the previous year's taxes to show steady income. Keep in mind I operate with no tax ID only my social. I don't even have a DBA.

Hate to beat a dead horse, but this is my first and last time going through this and i see that you say the previous years dont make a difference, just curious as to why they ask for your past 3 years then? Or am i mistaken?

Since I'm getting disagreements with my advice I'l speak for myself. The most recent of the three years is the most important. The other two are technicalities. What I did for me worked for me. I cut out a lot of my expenses for the previous year to make sure I crossed the 125% poverty line. That way I showed that the pervious year qualified. The checking account statements for the current year are very important to prove your current income, and your statement attesting to your current income. Being self employed has it's benefits and drawbacks. Maybe I was being a little cautious, but my wife is here and that's all that matters.

That's fine, but not necessary. You do not qualify on last years income. You qualify with current income. There is no need at all for the government to get money they did not earn in order for her to appear to make more than she did.

For example, lets say you were self employed all of 2010 and do your taxes in February and write off ALL your income and show a loss. THEN in March you get a regular job making $45,000 per year and fill out the I-134 in April. What is your current income in April? $45,000 per year. What does last year's loss have to do with anything? Nothing. Or you can show a profit in April from your business when you do the I-134. The number of people that get visas approved now when they had very low income the year before is huge... alomost all students, for example. Student last year, employed in a job this year. Making $40,000 this year...-0- last year. No problem.

Seems like the OP has it well under control. She should answer that she is self employed and combine all her forms of income to arrive at the statement of her current annual income and then attach documentation of each.

I would advise her against paying more in tax than needed.

Since I've done this before I would have to disagree. If you are employed by someone else this makes sense but for self-employed you have to establish that you have constant income. Being self-employed you can lie through your teeth about what you make and they know that. If I didn't have a job I could write down whatever I want for this year and it's unprovable until you file my taxes next year. So If you show a good amount of income for the previous year makes it more believable when you tell them your unprovable income for the current year. Self Employed gets cash and 1099's.

We've hit a major major snag and things may have to be called off because of it. Even though I work 7 days a week at 2 jobs and get a hefty child support payment a month, I still don't make enough for a family of 4.

I am self employed. This year I will make about $23,000.00. I also work another job that I make about $15,000.00 a year at. I also get $1600.00 a month in child support. Yep, sounds great doesnt it? Here's the problem:

1. Because I am self employed I have to count my income as what I make AFTER business expenses. Well, when you are self employed there are A LOT of expenses. So that cuts that income in about half.

2. My ex pays my mortgage every month instead of giving me the cash directly. It's a verbal agreement we have. He has written a letter stating that he is obligated to pay me $1600.00 a month but in lieu of cash, he pays the mortgage. It has been signed by both of us an notarized. But because of this I cannot count his support as income.

3. Even though I technically make over $50,000.oo a year I still don't make the $125% over poverty to support a family of 4.

4. I am an only child so I have no siblings who would co-sponsor. And my parents are retired and wouldnt even cosign a car loan for me. They've always been the type of parents who insist on me making it on my own.

My fiance and I are devastated. If anyone has any suggestions, please help. I don't want to lose this dream because of this.

thank you,

Lori

Hi, I'm self employed and I had to go through this. It's almost the end of the year. Take most of your expenses and throw them out the window for this year's taxes and get yourself above the 125% poverty line. You'll pay more in taxes, but your love for each other is strong so it won't matter. File ASAP in January or February and there you go. If you can't afford the extra taxes make a payment plan with the IRS. I've done this many times and they have never given me a problem. The government is not going to care if you give them more money. You're not obligated to report all of your expenses, just all of your income. If you do this you'll have no problem. I've done it with great success. You'll have your future spouse's income when he arrives here. Live your dream!!!

I'm very happy to read this, si man. Were all of you on the phone simultaneously? If so, good. For safety (because the other couple's agreement to bury the hatchet is "new" to them, and not yet natural), perhaps you & your wife could conduct other such telephonic caucuses on a regular basis, or have the other couple call in (individually or together) to express their feelings to you. It's wise that they practice their newfound ways of interrelating until those methods become more permanent, si man.

For the benefit of other participants in this thread, here's a bit on "understanding the Ecuadorian culture." Mrs. T-B. & I are close friends with another USC guy/Ecuatoriana K-1 immigrant couple (not VJ members). The instant when the Ecuatoriana hit the threshold of the guy's house, she made a beeline for his closet and began throwing out all of his shirts that she considered to be ugly, worn, or otherwise unacceptable to her. She also ordered him to remove his mooseheads & antlered deerheads from the walls of his den, and that having his friends over socially was no longer allowed. She prohibited him from going out in public (with her or alone) unless he met her standards for dress & appearance. She refused to learn to drive and ordered him to take her wherever she wanted to go. This is an example of behavior from an aggressive Ecuatoriana.

Obviously, the guy was stressed by all this -- sudden change that he was expected to accept without discussion. Obviously, too, it's awkward (often an understatement) to move into someone's house that's "his" and not "yours + his." In such circumstances, there are ways of achieving a mutual living situation wherein both feel a part of it, and there are ways that aren't so good.

Mrs. T-B. handled things far differently, mostly through persuasion and patience. Had she handled things as the Ecuatoriana above did, her shapely hindquarters would have been shipped one-way back to Ecuador long ago. As it stands now, I ended up weeding out my UGSs (Ugly Gringo Shirts) myself, sometimes in bunches or one at a time, and Mrs. T-B.'s goals have been achieved, sigh man. (The couple above is still together, si man.)

As the OP alludes, perhaps some understandings were reached, si man.

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Wow that was some story. It's definitely not that bad with them. My EC wife was an angel compared to the woman in that story. All of us spoke via speakerphones. The good news is that they only live about 3 1/2 hours from us and we are going up there to visit them for the weekend. I spoke to them again this afternoon and it's they're actually improving.

Once he started using the terms "ignorant" and "idiot", I was turned off. I don't think anyone was trying to be mean or disrespectful. I can't speak for this OP but it seems people come looking for what they want to hear and not what is needs to be heard. I don't know of any other ways than those presented for the aunt. I do agree with someone that suggested earlier about possible counseling BUT you never know.

If you don't think some of those responses aren't disrespectful and cold, I feel sorry for you. I came here to hear options and maybe loop holes. I'm way farther down the road than you and have helped at least 10 people with their paperwork to have a successful K-1 processing. Please read my kind responses to the people who told me the ugly truth in a sincere way.

Oh boy, I here another abuse story coming on. It seems like your saying she was mentally abused because he made her buy furniture? I think there may need to be a little more evidence than that.

I feel sorry for her to go thru the whole process and then have to go back. Unfortunately, that is a risk that is taken and no different for the petitioner either...... Except he has already spent thousands on a relationship that didn't work out.

There is always the other side of the story too.

As far as the answers you didn't like, I thought they were to the point without fluff and correct. If she truly was abused, hire a power attorney. It will cost her more than she has already lost.

Oh boy, I here another abuse story coming on. It seems like your saying she was mentally abused because he made her buy furniture? I think there may need to be a little more evidence than that.

I feel sorry for her to go thru the whole process and then have to go back. Unfortunately, that is a risk that is taken and no different for the petitioner either...... Except he has already spent thousands on a relationship that didn't work out.

There is always the other side of the story too.

As far as the answers you didn't like, I thought they were to the point without fluff and correct. If she truly was abused, hire a power attorney. It will cost her more than she has already lost.

Well let me tell you something about responses. Read them a little closer, they aren't all straight and to the point, some are down right cold and ignorant. Truth is truth but opinion is opinion. Please read how I respond to intelligent answers. VJ is supposed to be about community and helping each other through the good and the bad. A little sincerity for people is always nice especially in a bad situation. If you have to say the truth say it in a sincere way.

I read the whole thread and then the original post again. Maybe it's more of a personal situation that could be resolved through counseling. Perhaps the petitioner is stressed (this is probably common). Perhaps the immigrant is overbearing and trying to change everything in his house and his life "all at once" (Ecuatorianas can be that way). We can't know this from the original post, but it could well be what's behind the situation.

In that the immigration options are clear as others have posted them, I'd say that several good sit-down discussions with objective family members -- or with a counselor -- would be worth their weight in gold right now. "Hoping that it will resolve" without thorough communication (about feelings, expectations, etc.) bears low odds. The boon of the situation is that most of the 90-day period remains.

You hit the nail right on the head. My wife and I actually spoke to both of them this morning and gave them their "counseling". Both of them apologized to us (since I/We did all of their paperwork) and most important they apologized to each other. Just as you explained it had a lot to do with the extreme pressure that the sponsor gets when the foreign spouse gets here. My wife and I explained to both of them that this is a normal process, and found fault with both of their ways of thinking. Since you understand the culture from Ecuador, you know exactly how it goes. Her kid who came with her is doing well through all of this. Thanks for a great response!!

The response is normal because it is correct. You mentioned abuse no where in your original post. I was simple and polite in my answer to your question. If you want a different answer perhaps you should ask a different question.

If I misunderstood your response you have my apologies. I'm just fed up with some of the stuff I had to deal with over the years here. I'm kind of tainted when I read things that can fall either way. I understand your response, but it was the first half about forcing someone to marry a person is an obvious no.

So what is the potential abuse? Cold feet on the USC's part? Did the USC force your aunt to come to the US? Has she sought protection or counselling based on the "abuse"?

I'm not even going to fully respond to this. Stop being sarcastic.

Packing up your life to marry someone and spending money on furniture is not considered abuse. Him assaulting her, tossing her on the streets and taking all her money, something along those lines is what is considered abuse. Let me state it another, better way.....Domestic Violence.

Yes. It was bordering along abandonment and taking the money. This situation is not lost. When people get hot headed many things are said and done. I'm hoping that this will resolve and that it was a bad case of being angry. Thank you again for a great answer.

I really think that VJ should note people who are down right rude and arrogant and when they post a question, simple ignore them--- no responses.

When you have the experiences that I've had on here you'd understand. People are becoming extremely critical instead of being helpful on this site. I'm only as rude as the responses I'm getting. Look at my kind responses to the nice people who are looking at the situation instead of attacking me personally.

Probably calling people idiots isn't going to get you any kind of response your looking for.

If you want a different/better response, then just wait. No need to tell people that they are ignorant idiots..It's not going to change their response to you, so what's the point?

It's because that's what they are. I understand exactly what you are saying and promise that I will try to have more patience next time, but this is about the 5th time I'm getting responses like this. Two years ago it used to be for every 5 quality responses you'd get 1 moron. Now it's terrible. I'm frustrated. Thanks for your kind response.

You will never know until you talk to a lawyer for 30 minutes. If making irreversible committments based upon a promis of marriage, the lawyer can tell you in a few minutes.

I would think the guy would be responsible for getting her back home......morally and maybe legally.

I would agree. Thank You! These are the quality responses I'm looking for.

I was thinking the same thing I also was thinking that response from the OP was uncalled for.

Uncalled for? Take a look at the responses. This is the normal response I get when I post here. One or Two very informative responses, and the rest Ignorant #######. This site used to be good but something is changing.

Ok a more productive response

A K-1 beneficiary can only adjust status in one of two ways; either by marriage to the original petitioner or by having been abused (and able to prove it) and adjusting under the VAWA rules.

Don't waste your money on an attorney unless they can force the man to marry your aunt, file and not withdraw an affidavit of support, and attend the interview with her.

Thanks for a more productive response.. This is where I was going with this. That's why I mentioned an attorney regarding abuse, ( Even if it's mental, and technically having her fill the apartment with furniture) and enforcing the I-134 She sold everything in Ecuador and If she had to go back she'd be going back to nothing.

You can't force anyone to marry. And if she doesn't meet the K-1 expectations she'll have to go back home.

No Really? I didn't know that. Thanks for telling me this useless information. I'll wait for a more productive response.

My wife's aunt just came here last week and all of the sudden the US petitioner changes. He's on the verge of just abandoning her and her daughter. He said he doesn't know what he wants to do after spending $$$ to bring her here. She paid about $3,000 for furniture as well. We hope this resolves, but if it doesn't what options would she have. Hire a high power Immigration Attorney?

This is not correct. EACH applicant needs an I-134. Children need to be listed whether they are applying for a visa or not, this does NOT exclude them from having to have a separate I-134. I have done two K2 visas myself and have asssited many other people with theirs, so I actually have experience with this.

Yu are dealing with the consulate in Ecuador, DO NOT go light on paperwork.

This is what I was thinking. Thank you. I will make two and put the mom's name in Section 3 on one with the daughter listed below and the Daughter's name in Section 3 as the principle name on the other one.

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I know this has been asked before but I couldn't find a reasonable answer in the archives. Does the US petitioner have to file two separate I-134's for the K-1 Fiancee and her Kid? They will both be arriving at the same time. He is leaving tomorrow night to go to Ecuador.

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