Bikerdude

the I-134 needs to be completed by your fiancee,she (?) needs to prove that she can support you once you moved to the USA.You can't base your future income just on promises from clients to keep working with you.You are also not allowed to work here until you get employment authorization.Does your fiancee have a job or assets that will meet the requirements set by the USCIS?

I don't know how close he is to Glendale, but I had mine done in the Central Medical Center in Glendale and I think it was $120 for the medical, and then extra for any vaccines I had to get.

that's all fine but it's still $120 for a medical that USCIS says you don't need to have done and I have proof of having all the necessary vaccines,so all they need to do is check the copies of my medical I had in Holland last year and fill out and sign the forms....

Ok...I am still confused...so please bear with me.

My fiance (from Holland) just received packet 3. In it, it has an affidavit of support form. From what I understand here, I don't need to fill it out until after he is here and we are married? Then why did they include it? I am so confused.

I don't know what to do about my joint tax returns still, and now have another question in regards to the 125% over poverty level. The charts talk about how many people are in your household. Well, there are 6 people living on my ranch. My ex-husband, my two adult sons and one of my son's best friends. We all work and support ourselves. They are all saving to move out (someday soon I hope...lol) but in the meantime, my ex and I are the ones paying the bills. Please don't go into what rent my kids should be paying me. It isn't what I am asking about.

I want to know if I have to take into account everyone living here, even though we all pay our own ways for food and things. And of course my original question about my tax forms.

-Blu-(lost in the Wyld Blu Yonder)

I am not commenting on your collecting rent or not, but in fact, you have not conducted your life in the last few months in a way conducive to success in the K visa process. Filing joint tax return with ex when not entitled to, sharing living quarters with ex-husband, unaware you need to file an affidavot for the interview... all signs of ill preparedness. Sorry, but success or failure in this process is YOUR responsibility. So I will advise as I can.

You need to submit an affidavit of support for his interview in addition to the affidavit submitted for AOS after he arrives and you are married. You do not need the form they sent your fiance, you can download your own. You need form I-134 This needs to be completed, supporting documents attached and send it to your fiance to present at his interview. Or send it with the documents you send to the consulate, however they work it at the Amsterdam consulate.

There is nothing you can do about your tax return unless you want to file a new one (1040x amended return) and pay the higher taxes of a single person (your ex-husband would also have to file an amended return and pay more).

If everyone in your household is over 18, has their own job and is NOT claimed as a dependent on your prior year tax (OH NO! Don't tell me your accountants told you to claim them as dependents!!!!) The your family size is TWO. You and your fiancee. Anyone claimed on last years taxes as your dependent must also be included in your family size UNLESS you can document what changes have taken place that they are no longer a dependent. Example...child becomes 18 years old after the taxes were filed, and moves from the house to their own home.

You will attach your 2008 joint return to the I-134. You will need to, you have no other choice unless you do an amended return really quickly. Bear in my mind, only YOUR income counts toward the guidelines and family size and you must attach something (w-2, 1099, or schedule C) which deliniates YOUR income from your ex-husband. You just also state your current income and have documentation of that. I won't say anything about rent, but IF you collected rent from children it would count as your income, provided it was documented (lease, copies of checks and bank deposits)

I think the situation of your ex living there also may raise a few questions. They will most likely (but maybe not) ask where your ex-husband lives. I am going by the experience of several recent cases I am aware of in Kiev where the petitioner presented a joint return for the previous year. Of course they ask why. Most people say it was because the petitioner was not legally divorced until after January 1. Your fiance can't say that. I am not sure what he will answer. I can't think of anything that isn't incriminating or suspicious sounding. They then usually ask where the ex lives now. That whole topic has been covered here before when another poster reported getting her visa denied becuse they thought her ex lived with her but actually it was a different apartment in the same building. You can hope the consulate is as open minded as you about the subject. Maybe they will think it is wonderful you still live with your ex-husband.

Your will file ANOTHER afficavit of support after you are married for the AOS.

You know, I really appreciate your advise as a more senior member of VJ than I, and see your posts all over this website. However, I realize we may have issues to address.

You may not know this, or realize this, you come across as very judgemental. That part is not so much appreciated. We have our own reasons for the way things are, mainly because it is cheaper for me to continue living on my ranch until my ex buys me out in a few months.

Your judgements throw the rest of your post in a very negative light to me. The way you talk about my tax situation seems like you are asking me to believe you (as you said, you are NOT a tax expert), over our tax accountants...who have done this for a living for the last 30 yrs. Perhaps they are wrong and you are right. I am not sure. However, the way you post, is that we are intentionally cheating on our taxes.

Please, in the future, consider the tone of your responses. We are all going through this together, and it isn't always easy. We may all have lots of questions and depend on responses from more senior members. However, responses like yours really make me not want to ask anything else here as I feel judged...and really don't need that.

-Blu-

My judgements don't matter a hill of beans, but the consulates do, and I am aware of questions they may ask. I never said I was not a tax expert. I said I was not a tax collector. I have been doing business and personal taxes for more than 30 years. No part of my job is ever done without considering the tax implications of every move. I deal with tax issues every day. Federal, State and local. Your tax status as filed for 2008 was not correct. Your accountants know this. As I said, if you have the nerve to call them and ask the questions I posed...please do. On this matter I am not wrong, whether you choose to believe me or not doesn't matter. I also never said you intentionally cheated, but you evaded taxes nonetheless, with the advice of people that should know better, but also know what they can usually get away with. And now it causes an issue in your fiance's visa application. This is fact, not judgement. I am sure he will pleased you and your ex-husband saved some tax dollars. (OK, that one's a guess)

I have offered some very good advice for you, and hopefully cleared up some confusion, at least about the affidavit of support. How you live is none of my concern, I couldn't possibly care less. I will defend your right to live how you choose. That is between you, your fiancee and ex-husband. But the consulate may have another take on it. I would think giving facts would be beneficial to you. If you prefer I say "Oh, don't worry, no problem" will you sleep better?

Your fiance needs to be prepared to answer some questions. I cannot say for sure he will be asked them, but he needs to be prepared. It is an honorable service to you that I present the worst case scenario so he doesn't stare at the CO like a boiled fish when he is asked. A very common question is "why did the petitioner file a joint return with her husband for 2008" This question becomes more common as the year goes on. The usual answer is "Because their divorce was not official until January 2009(or February)" whatever. YOUR fiance cannot answer that way. They have a copy of your divorce certificate, they are looking it over as we speak. That is a fact, not a judgement. I do not know how he can answer that, it is something you need to address. The typical follow on question to that is "where does her ex-husband live?" (good question, since the only document they have, dated AFTER the divorce, shows he lives with you) Usually the answer is "Somewhere else.....blah, blah, blah" YOUR fiance cannot answer that way. Fact, not judgement. Your case WILL be judged by someone that does not know you and, in fact, knows less about you than I do. Now, THAT ought to be scary.

I certainly do not want to discourage you from posting, this is a great site and I intend it no harm, but if you have read my posts "all over this website" then you know I try to give good answers but I never attempt to blow sunshine up anyone's....well, you know. It does no one any good to speak less than the truth. Knowing what the hurdles are is half the battle. Good luck.

I'm Blu's fiancee....

I think we are getting a bit carried away here...

first of all I told her to check with her ex and the people who did their taxes to make sure how things were done.It seems to me that if they were still married for the bigger part of the year they had to file joint but with addition of mentioning being divorced at some point.The discussion about them living together still is no issue I think since this is 2009,not the Dark Ages and sucky economy has forced people to take less favorable descisions simply because they had to.As you see,I am well aware of the situation and not completely ignorant either,so therefore I think I will do just fine at the interview.I've been through worse,believe me.....

Allright folks,let's keep this a happy and healthy discussion.First of all,I'm very happy with all the replies I got sofar.I never said we had the intention to do it this way,I was just wondering if it

was legally possible.Of course I want to wait for my EAD if it doesn't take all that long and as for financing the business we will both bring in money so that won't be an issue.It could be interesting though for people who would like to start a small business from their home awaiting the EAD/GC to make a few bucks to get through the first few months.I mean,let's face it,the whole process of immigration is quite costly......

Further more,I was pleasantly surprised this topic made it to "most popular" (doesn't buy me bread,but still kinda cool B)

I've found this site to be accurate in the past:

http://www.payscale.com/research/US/Job=Ta...ist/Hourly_Rate

OK, I finally stopped laughing long enough to post a reply to this.If you think that this is anywhere near accurate you should walk into the nearest tat shop and just ask.........

hour rates for tattoo artists are around $150,I don't think you can top that easily.As for setting up the business,I'm not new to this and since I would have nothing else on my hands it would probably take me a month or so (yeah,I'm pretty good with other tools too). Anyway,we still need to find a house after we get married and she will be looking for a job there too,so I guess it can wait.I was just curious if it would be possible.......

Ok,here's an interesting theory I have for you all.

Once me and my fiancee are married and settled we want to start our own business which will be a tattooshop/custombikeshop.

Now,since I will have to wait for my EAD I was wondering if we could put the business in my wife's name at first so theoretically she would be the one getting paid for the work

I would be doing and I would be doing the work only for a hobby.Does anyone know if that would fly legally???

It would sure make things a lot easier......

It might be easiest to find an ex-pat community in your local area and ask around for someone who can teach you the basics. I taught Kourtni enough so she can understand stuff when she stayed with me for 3 months in The Hague last year and she found it hard, admittedly. I've tried rosetta stone as I really want to learn Spanish, but I'm not too fond of it for the same reasons. There is nothing like learning from a native.

I have been looking for Dutch communities in my area...no luck so far. To me, pronouncing the sounds in Dutch is far harder than understanding it! I have the hard "g" sound down but some of the other sounds...not so much. A lot of words are very similar to English, but you're right, there is nothing like learning from a native!

-Blu-(I have some of the cuss words down though!

Pat has sent me the basics like numbers, days of the week, etc., but I'm with you...it would be MUCH easier learning from a native. I hope to pick up more once he's here!

ok,time for another introduction,I guess. I'm Blu's fiance from Holland.Yeah,she wants to learn more dutch but is also very impatient.Once we're married I will teach her all the dutch she wants.It's so much easier to do when you apply it to ordinairy daily routines like having breakfast,cleaning the house,watching tv.Using PostIt tags works great too.Just stick them on anything around the house......

And yes, waiting IS the hardest part......

Hey Blu's fiance!

Welcom here! this is going to be fun all those introductions!

You are right its easier to learn a language when you HAVE TO talk that language, like in daily routines.

My husband want to learn some dutch too, so he can follow the dutch talk with my family etc. but well we didn't start yet. But i know he understand more as what i sometime think!

waiting is very, very hard!

Since Blu allready mentioned my name you can call me John, a lot easier than Blu's fiance I guess,hahahahaha......

biker chick,huh? I sold my harley a few weeks ago and really miss riding it,but I bought Blu a Sportster to compensate once we have settled I will build something cool for myself....

It might be easiest to find an ex-pat community in your local area and ask around for someone who can teach you the basics. I taught Kourtni enough so she can understand stuff when she stayed with me for 3 months in The Hague last year and she found it hard, admittedly. I've tried rosetta stone as I really want to learn Spanish, but I'm not too fond of it for the same reasons. There is nothing like learning from a native.

I have been looking for Dutch communities in my area...no luck so far. To me, pronouncing the sounds in Dutch is far harder than understanding it! I have the hard "g" sound down but some of the other sounds...not so much. A lot of words are very similar to English, but you're right, there is nothing like learning from a native!

-Blu-(I have some of the cuss words down though!

Pat has sent me the basics like numbers, days of the week, etc., but I'm with you...it would be MUCH easier learning from a native. I hope to pick up more once he's here!

ok,time for another introduction,I guess. I'm Blu's fiance from Holland.Yeah,she wants to learn more dutch but is also very impatient.Once we're married I will teach her all the dutch she wants.It's so much easier to do when you apply it to ordinairy daily routines like having breakfast,cleaning the house,watching tv.Using PostIt tags works great too.Just stick them on anything around the house......

And yes, waiting IS the hardest part......