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Asset & Income Info for Self-employed


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Doing a search for past postings, I see rarely a week goes by without questions about the I-134 being asked, so let me ask a few I didn't see posted recently (if at all):

 

1. I know a letter from my employer, along with prior tax filings and paystubs can be requested by the VO during the interview. I own a small business and am the one who signs the paychecks. Therefore, would most likely be the one to write such a letter, unless I ask an employee to do it (we are small enough where I must cover many functions). Will it seem odd to say that "The salary for Mr. X is $x,xxx per month. Signed, Mr. X"? Any advice on this?

 

2. Also, with regard to minimum salary requirements, do you know which number they use to determine the minimum? AGI? I worked much of last year in China, took several months off to scout out some businesses in the US, then purchased my business. My China salary was not stellar, but much of it is tax-free due to me being out of the country for over 330 days. According to the following prior postings, there seems to be an unwritten $40k per year rule:

 

http://candleforlove.com/forums/index.php?showtopic=17651

http://candleforlove.com/forums/index.php?showtopic=23806

 

3. I know none of us really know the inner workings of GUZ, but does anyone have a story to tell where their income was, say, only $25k or $30k, and they didn't get blue-slipped, weren't required to show additional assets, or need a co-sponsor?

 

4. Finally, in previous postings, I did see there are few people who had a lower income than this magic $40k but didn't come across a case where someone had a lower income but substantial assets -- it seems an appraisal of real estate might be requested in a blue slip. Any cases of this? Or any cases of people successfully having low income and substantial assets and not getting blue slipped? Can 401k statements be used to satisfy this asset requirement?

 

Thanks in advance!

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In your case provide IRS returns, they will show how much your gross income was. Provide Bank statements showing assets. Letter from employer is not required in your case, as well as pay stubs. Most consulates use the income evidence standards of the I-864 with the I-134, so Tax Return evidence is a must, and other evidence is considered secondary.

 

You can also provide Tax-Transcripts in addition to or in the place of the (1040/W2/1099) http://www.irs.gov/faqs/faq1-6.html They are free.

 

Minimum income can be found on form I-864P Poverty line guide, 125% is the min. This is the minimum that they will accept, the 40K is just from observations of others.

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As self-employed, you don't need an employer letter (which is only one type of proof of your income)... instead, you can turn to taxes, bank statements, deposits, etc.

 

The tax line used for income is TOTAL Income...

 

So for self-employed, I don't know if you pay yourself a specific salary or rely only on the business schedule [profit].. since the TOTAL Income reflects the business 'net'...

 

This $40K number is a theory someone had.. it is not the poverty guideline threadhold of 125%. The problem with the theory is that some people's cases were being returned to the US; you don't have your case returned for too little money... but for relationship [fraud] issues.

 

Go by the guideline number; if the VOs not comfortable, then assets or a joint sponsor can be used.

 

The problem with assets is that sustainability is what they want to see.. that's why a current income is most important. In effect, the assets need to cover three years (since the alien can become a citizen in three years)... in my own theory, I doubt many become citizen in three years and therefore, assets lasting longer are probably more expected, but unspoken. (I know of one person who presented tons of assets and it was not accepted; they wanted sponsors with income).

 

For a K1, all these issues are less critical... but I know that a VO can make it critical...

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This $40K number is a theory someone had.. it is not the poverty guideline threadhold of 125%. The problem with the theory is that some people's cases were being returned to the US; you don't have your case returned for too little money... but for relationship [fraud] issues.

 

I remember it being stated like this guy said here,

as a VO actually telling someone that an income of less than $40K would bring additional scrutiny on a case, but I couldn't find the original post, either.

Edited by Randy W (see edit history)
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It was the link above... a CFL members visit to ACH.. but it was the member who came up with this theory.

 

I asked all the people about their income, Yes I know a touchy subject, but I explained that I was pursuing a theory. In all I asked over 14 people this question. It is my opinion that income levels have a lot to do with who gets the blue slip. In my non scientific survey people with income levels below 40,000 ALL got blue slips and those above ALL were approved. Interesting if nothing else.

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I remember it being stated like this guy said here,

as a VO actually telling someone that an income of less than $40K would bring additional scrutiny on a case, but I couldn't find the original post, either.

The one you are thinking of is this one: http://candleforlove.com/forums/index.php?showtopic=17651
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Income is considered but how many immigrants do you know make over $40K?

The I-864P is well below that amount even for a household of 8.

So, to ask the question again, how many immigrants do you know that make over $40K and have a household of 8?...or USC's for that matter.

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Income is considered but how many immigrants do you know make over $40K?

The I-864P is well below that amount even for a household of 8.

So, to ask the question again, how many immigrants do you know that make over $40K and have a household of 8?...or USC's for that matter.

The I-864P has to do with the Sponsoring US citizen's income, and the household size is figured by counting the sponsoring US Citizen, and any dependents of the sponsor such as children, and the sponsored immigrant and any immigrating children.

 

I make more than 45K so my income far exceeded the 125% poverty line guide.

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Income is considered but how many immigrants do you know make over $40K?

The I-864P is well below that amount even for a household of 8.

So, to ask the question again, how many immigrants do you know that make over $40K and have a household of 8?...or USC's for that matter.

The I-864P has to do with the Sponsoring US citizen's income, and the household size is figured by counting the sponsoring US Citizen, and any dependents of the sponsor such as children, and the sponsored immigrant and any immigrating children.

 

I make more than 45K so my income far exceeded the 125% poverty line guide.

The I-864P doesn't ask if you are a USC or a LPR.

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Income is considered but how many immigrants do you know make over $40K?

The I-864P is well below that amount even for a household of 8.

So, to ask the question again, how many immigrants do you know that make over $40K and have a household of 8?...or USC's for that matter.

The I-864P has to do with the Sponsoring US citizen's income, and the household size is figured by counting the sponsoring US Citizen, and any dependents of the sponsor such as children, and the sponsored immigrant and any immigrating children.

 

I make more than 45K so my income far exceeded the 125% poverty line guide.

The I-864P doesn't ask if you are a USC or a LPR.

Can also be LPR in cases where an LPR is sponsoring a spouse or or minor child under 20.
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I remember it being stated like this guy said here,

as a VO actually telling someone that an income of less than $40K would bring additional scrutiny on a case, but I couldn't find the original post, either.

The one you are thinking of is this one: http://candleforlove.com/forums/index.php?showtopic=17651

 

 

That would seem to me to be pretty convincing proof (even as hearsay) that an income below $40K IS given additional scrutiny.

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I remember it being stated like this guy said here,

as a VO actually telling someone that an income of less than $40K would bring additional scrutiny on a case, but I couldn't find the original post, either.

The one you are thinking of is this one: http://candleforlove.com/forums/index.php?showtopic=17651

 

 

That would seem to me to be pretty convincing proof (even as hearsay) that an income below $40K IS given additional scrutiny.

Someone asks 14 people about their denials and he forms a theory based on income levels below $40K... that's not hearsay, that's the person stating his theory directly.

 

But I don't buy it as convincing since we don't know the entirety of blue slips, other than some were for return to US.. which is NOT a financial issue... Blue slips are prodominately relationship based.. based on our three years of tracking interviews...

 

And so many K1s are never asked about income.. to me, that is convincing [action by the consulate] that finances are not really carrying alot of weight...

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Someone asks 14 people about their denials and he forms a theory based on income levels below $40K... that's not hearsay, that's the person stating his theory directly.

 

But I don't buy it as convincing since we don't know the entirety of blue slips, other than some were for return to US.. which is NOT a financial issue... Blue slips are prodominately relationship based.. based on our three years of tracking interviews...

 

And so many K1s are never asked about income.. to me, that is convincing [action by the consulate] that finances are not really carrying alot of weight...

 

We know the blue slip is PROBABLY NOT for financial reasons, if the USC is above the poverty line. What his little poll does is show that whatever the blue slip issue WAS, may not have been an issue if the USC's income had been above $40K (at least in this very small sample).

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In your case provide IRS returns, they will show how much your gross income was. Provide Bank statements showing assets. Letter from employer is not required in your case, as well as pay stubs. Most consulates use the income evidence standards of the I-864 with the I-134, so Tax Return evidence is a must, and other evidence is considered secondary.

 

You can also provide Tax-Transcripts in addition to or in the place of the (1040/W2/1099) http://www.irs.gov/faqs/faq1-6.html They are free.

 

With regard to the tax transcripts:

 

My ex-wife and I filed jointly in 2005 and in 2004. Will the tax transcripts show this W-2 information, such as which of us made what income? I made more than her in previous years, but I understand that W-2s do not show up with the tax transcripts.

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In your case provide IRS returns, they will show how much your gross income was. Provide Bank statements showing assets. Letter from employer is not required in your case, as well as pay stubs. Most consulates use the income evidence standards of the I-864 with the I-134, so Tax Return evidence is a must, and other evidence is considered secondary.

 

You can also provide Tax-Transcripts in addition to or in the place of the (1040/W2/1099) http://www.irs.gov/faqs/faq1-6.html They are free.

 

With regard to the tax transcripts:

 

My ex-wife and I filed jointly in 2005 and in 2004. Will the tax transcripts show this W-2 information, such as which of us made what income? I made more than her in previous years, but I understand that W-2s do not show up with the tax transcripts.

Where you have to prove isolated income on a joint return, you should provide copies of the W2, employer letter, deposits, etc. whatever applies and supports your number on the I-134

Edited by DavidZixuan (see edit history)
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