I-134 Affadavit issue. Do I need a co-sponser?

[xiaobu]

Hi,

 

For 2 out of the last 3 years, I've been working in China in order to be with my fiancee. I was hired locally here, in Fortune 500 coporations, but earning a pretty standard Chinese salary (only about 25k USD per year). My earning potential is high I believe (7 years of Software Engineering experience, just completed a masters in software engineering from a California State University and fluent in Chinese).

 

I have a piece of real estate in southern california with about 350k in equity.

 

However, my income tax returns for the last 3 years are going to show that I didn't earn very much money in the U.S. and since I'm still in China, I won't have an employer in the U.S. to provide proof of employment.

 

I'd like to avoid a co-sponser, but I'm afraid my financial situation will hurt the chances of interview approval (next month in October)

 

Any advice?

 

Thanks in advance. Without this forum I'd be lost!

 

- xiaobu

[frank1538]

It seems to me that, at $25K, you're well above the poverty level and probably wouldn't need a co-sponsor. I'd like to make a couple of points.

 

First, there has always been some uncertainty whether the threshold for a K visa/I-134 is 100% or 125% of the poverty level. Most people seem to feel more comfortable exceeding the 125% threshhold, but http://travel.state.gov/visa/immigrants/info/info_1328.html suggests that the threshold is really 100%:

 

"...Consular officers will review immigrant visa applicants whose visa categories do not require the I-864 under the public charge guidelines in Section 212(a)(4) of the Immigration and Nationality Act. The sponsor will need to show income at 100 percent of the federal poverty guidelines for household size, not the 125 percent required under Section 213A of the INA."

 

For 2006, 100% of the poverty level (for two) is $13,200 for the "lower 48 states" - http://www.uscis.gov/graphics/formsfee/for...iles/I-864p.pdf

 

Second, when calculating income, DOS will be looking at essentially gross income, not taxable income, so at $25K you should be okay. The fact that tax laws give exemptions and exclusions for foreign income should not matter.

[ericeblack]

As far as I know the 25K will be enough, even if it was made in China...as long as you have been reporting what you make here to the IRS back home. When you work in China you don't have US taxes taken out, but you still have to file. Also, if you have been in China for 3 years you will have to prove domincile.

As far as your real estate is concerned you can file that on your affadavit as an asset, and possibly use it to prove domincile as well

[LeeFisher3]

As far as I know the 25K will be enough, even if it was made in China...as long as you have been reporting what you make here to the IRS back home. When you work in China you don't have US taxes taken out, but you still have to file. Also, if you have been in China for 3 years you will have to prove domincile.

As far as your real estate is concerned you can file that on your affadavit as an asset, and possibly use it to prove domincile as well

 

There can be a Catch-22 if you use real estate as an asset for the interview in GZ, they can ask for a new appraisal of the property to see if you properly declared the value and such, which would be a REAL pain. It's safer to rely on the income in China.

 

Another thing you might want to do would be getting the job search going and get something in place for your return to the US. Having a letter showing you have a stateside job at the interview wouldn't hurt a bit, but don't let it begin until a month after your arrival if possible so you can get settled.

[Guest pushbrk]

 

However, my income tax returns for the last 3 years are going to show that I didn't earn very much money in the U.S. and since I'm still in China, I won't have an employer in the U.S. to provide proof of employment.

 

 

 

$25K is far more than enough to qualify. It doesn't matter where the income is earned. You should have been showing the income on your tax return and then benefiting from the exeption for actual tax payment. If not, you filed incorrectly and need to file amended returns to correct any filed in error. There are no penalties or tax consequences but it will enable you to show "income" on tax returns. Support this with W2 or other documentation, if possible.

 

You can then use your property as proof of USA domicile without worrying about proving its value. A property tax statement or utility bill in your name should do the trick.

 

If I were in your shoes, I would affix my proof of domicile, taxes and I-134 together in one packet so that if ANY financial documentation is asked for at interview, your SO will hand over the entire packet. The VO can then look at what they want or see it all. My packet had a cover sheet in English and Chinese listing in large type, I-134, Taxes, Proof of Domicile, Employer Letter.

[xiaobu]

Hi everyone,

 

Thanks for all of the advice.

I will provide 2 years of tax returns, verification of employment in China and a property tax document from my U.S. house.

 

Is the property tax document considered proof of domicile?

 

Also, to be safe, my fiancee's sister (who immigrated to the U.S. on a fiancee visa 10 years ago) and her U.S. husband will be sponsors for my SO as well. They will fill out the I-134 form and provide last years tax return and Verification of Employment.

 

Does this seem like a safe way to do it?

 

Thanks in advance, xiaobu

[david_dawei]

Hi everyone,

 

Thanks for all of the advice.

I will provide 2 years of tax returns, verification of employment in China and a property tax document from my U.S. house.

 

Is the property tax document considered proof of domicile?

 

Also, to be safe, my fiancee's sister (who immigrated to the U.S. on a fiancee visa 10 years ago) and her U.S. husband will be sponsors for my SO as well. They will fill out the I-134 form and provide last years tax return and Verification of Employment.

 

Does this seem like a safe way to do it?

 

Thanks in advance, xiaobu

 

For domicile, you can show property tax, bank accounts in your name... anything in your name showing you are owning or paying for something should do it.

 

For joint sponsor issue, you can have as a backup another I-134 done up. But as others have said, you appear to be fine. You either make enough for the guideline level or you don't. If you make enought, you are not allowed to have a joint sponsor... But you can have that ready to hand over in the event the VO states he wants to see a joint sponsorship for this case.

[LeeFisher3]

Hi everyone,

 

Thanks for all of the advice.

I will provide 2 years of tax returns, verification of employment in China and a property tax document from my U.S. house.

 

Is the property tax document considered proof of domicile?

 

Also, to be safe, my fiancee's sister (who immigrated to the U.S. on a fiancee visa 10 years ago) and her U.S. husband will be sponsors for my SO as well. They will fill out the I-134 form and provide last years tax return and Verification of Employment.

 

Does this seem like a safe way to do it?

 

Thanks in advance, xiaobu

As David says, the tax documents and such should provide for domicile.

 

I would think that a burning question on the mind of the VO is how you intend to support your fianc¨¦e once you arrive in the US. You have employment in China, but you will be returning to the US with your fianc¨¦e and with no evidence of your employment prospects in the US.

 

Now I may just be thinking a bit too far out of the box, but then again I might not be too far off. One of their purposes is to feel confident that the visa holder would not become a public charge when they arrive in the US.

[david_dawei]

I would think that a burning question on the mind of the VO is how you intend to support your fianc¨¦e once you arrive in the US. You have employment in China, but you will be returning to the US with your fianc¨¦e and with no evidence of your employment prospects in the US.

 

Now I may just be thinking a bit too far out of the box, but then again I might not be too far off. One of their purposes is to feel confident that the visa holder would not become a public charge when they arrive in the US.

 

That's a good point... proof of her not becoming a public charge [from arrival and into the future] is proved best by current, sustainable, full time employment... Past employment records show that a person is employable, but not necessarily employeed into the future at a different country, till they have that employment.

 

I will backtrack a little and say that I would definitely get joint sponsors...