I really really need your advice... please help!

[Guest pushbrk]

Thank you guys so much for replying to my post! Your input was very helpful for me. However I do have a couple more questions regarding the DCF process:

1) Now it seems to me that I definitely need a joint sponsor, and that person would have to be my mother... however, her tax return from the 2005-2006 year showed her to have made only ~$10,000. Now that is definitely not enough for her to be a successful sponsor, right?  Also, I believe our tax accountant have filed a joint tax return for my mother and I, I don't really know how that affects this...

 

The bottom line is: if you add up both of our incomes, it's def. more than the poverty line for a household of 2- $16,500... but would that be ok?!

 

2) I read on the visajourney.com site this part:

 

" If you have all of the documents for the petition + visa application ready at your first visit to the Consulate (to file the I-130) you may persuade the Immigrant Visa workers to accept the visa application early and start a provisional file for you."

 

Now has anyone here pursued this in their DCF process? If so, was it successful or helpful to the whole process?

 

Thanks again, you guys are so awesome, you've really helped to ease some of this stress I'm feeling about the visa process! 

 

Meg

198233[/snapback]

Are you saying the accountant filed a tax return with you and your mother as joint? If not, what did you mean by that?

 

You don't mention how long you've been in China teaching. When is the last year you earned enough qualify?

 

You also have the option of Marrying, filing DCF and returning to the US to obtain a job that qualifies.

 

Others have asked about your Mother's assets. There is a formula for using them to increase her assumed financial ability.

[brutrigem]

" If you can't show income can you show assets? Does your mother own her home for instance? You said your mothers income was only 10K is that after deductions? Gross income is what matters. "

 

" Are you saying the accountant filed a tax return with you and your mother as joint? If not, what did you mean by that?

 

You don't mention how long you've been in China teaching. When is the last year you earned enough qualify?

 

You also have the option of Marrying, filing DCF and returning to the US to obtain a job that qualifies.

 

Others have asked about your Mother's assets. There is a formula for using them to increase her assumed financial ability."

 

The assets issue: My mother only started working since last August, so 10K is her gross income, I believe. And no unfortunately, my mother and I do not own our home. However, would our savings in the bank count towards our assets?

 

I believe our accountant filed my mother and I as joint for the years when I was a grad student (2003-2004, 2004-2005) but I may be wrong on that, I'll need to clarify with her later.

 

I've been teaching in China since September of last year, that's only 6 months. I earned a regular teacher's salary for the year of 06/2004-07/2005. So it was pretty recent.

 

And it seems to me like the option of marrying, filing DCF, and returning to US for a job is something I will definitely have to pursue.

Edited March 14, 2006 by brutrigem (see edit history)

[Guest pushbrk]

" If you can't show income can you show assets? Does your mother own her home for instance? You said your mothers income was only 10K is that after deductions? Gross income is what matters. "

 

" Are you saying the accountant filed a tax return with you and your mother as joint? If not, what did you mean by that?

 

You don't mention how long you've been in China teaching. When is the last year you earned enough qualify?

 

You also have the option of Marrying, filing DCF and returning to the US to obtain a job that qualifies.

 

Others have asked about your Mother's assets. There is a formula for using them to increase her assumed financial ability."

 

The assets issue: My mother only started working since last August, so 10K is her gross income, I believe. And no unfortunately, my mother and I do not own our home. However, would our savings in the bank count towards our assets?

 

I believe our accountant filed my mother and I as joint for the years when I was a grad student (2003-2004, 2004-2005) but I may be wrong on that, I'll need to clarify with her later.

 

I've been teaching in China since September of last year, that's only 6 months. I earned a regular teacher's salary for the year of 06/2004-07/2005. So it was pretty recent.

 

And it seems to me like the option of marrying, filing DCF, and returning to US for a job is something I will definitely have to pursue.

198445[/snapback]

I think the next step for you is to download and read the I-864 form and instructions. It sounds like your 2005 earnings are probably sufficient to qualify on your own except for current earnings. The current earnings requirement can quite possibly be met by your mother's employment, provided her anualized earnings (for 2006) meet the minimum requirement. You can also meet the current requirement with a teaching job in the US. The next school term will likely begin before the I-864 is required.

 

I've never heard of son and mother joint filing of income tax. One of you might have claimed the other as a dependent.

 

Yes, there is a formula to use liquid assets to offset a lack of income. For instance, $50,000 of assets convertible to cash within a year will add $10,000 to the income calculation. Just think 1 to 5.

 

You have viable options. I dont' see any reason not to get the petition filed to start the process.

Edited March 14, 2006 by pushbrk (see edit history)

[brutrigem]

Have finally cleared up the confusion with my tax return/gross income:

1) 2003 Tax Return- I was a dependent under my mother and stepdad

2) 2004 " " - filed separate taxes, my gross income was $18,000

3) 2005 " " - filed separate taxes, my gross income was $22,000

 

*** However, if my mother acted as my joint sponsor, her 2005 tax return was for her and my stepdad as a joint account and their gross income was $25,000, but my stepdad has passed away since April of last year... so now I still have no idea if she could be my joint sponsor, doh!

 

Also, I was born here in China, and so I'm a naturalized American citizen myself... do you think this will have any bearing on the outcome of my DCF? Thank you!

Edited March 14, 2006 by brutrigem (see edit history)

[brutrigem]

also, should I mention the fact (to USCIS) that I do have extended family members here in China, i.e. grandparents, uncles, aunts, cousins? Do you think it'll have any effect on my DCF?

Edited March 14, 2006 by brutrigem (see edit history)

[Guest pushbrk]

also, should I mention the fact (to USCIS) that I do have extended family members here in China, i.e. grandparents, uncles, aunts, cousins? Do you think it'll have any effect on my DCF?

198497[/snapback]

No, it will not. You are a US Citizen. Period.

[Guest pushbrk]

Have finally cleared up the confusion with my tax return/gross income:

1) 2003 Tax Return- I was a dependent under my mother and stepdad

2) 2004 " " -  filed separate taxes, my gross income was $18,000

3) 2005 " " -  filed separate taxes, my gross income was $22,000

 

*** However, if my mother acted as my joint sponsor,  her 2005 tax return was for her and my stepdad as a joint account and their gross income was $25,000, but my stepdad has passed away since April of last year... so now I still have no idea if she could be my joint sponsor, doh! 

 

Also, I was born here in China, and so I'm a naturalized American citizen myself... do you think this will have any bearing on the outcome of my DCF? Thank you!

198496[/snapback]

If your mother's current income annualizes high enough it won't matter. If not, use the liquid assets at 1 to 5 and see how that comes out. Even if her personal income is only $10,000 projected for 2006, it would only take about $50,000 in liquid assets to put you over the top.

 

It's best to look at the whole picture and see where things shake out. You have multiple ways to qualify.