Income requirement

[john90]

Hi,

 

If you are filing a K1 visa, how do they determine if you meet the income requirements? Do they go by the tax returns or do they look at what your income is currently? Currently, my income is comfortably over the 125% poverty guideline.

 

I am expecting my fiance's interview date sometime in June or July, so I am assuming they want to see my tax returns from last year (2004).

 

I am in the process of preparing my taxes for 2004, and I am not sure if I would meet the minimum income requirement for 2004. Last year I was on unemployment for the first 5 months, and was receiving unemployment income. I did find a job, but money I made from the job till the end of 2004 doesn't meet the 125% above poverty guideline for 2004.

 

But if I add my income from my unemployment checks, then it does barely meet the income requirement. But I don't know if they will count unemployment checks as income.

 

Thanks for any help.

[warpedbored]

I'll take a stab at this but don't hold me to it.Since you have to claim unemplyment benefits on your income tax form it stands to reason that it will show up on your tax form on the adjusted income line. What they want anyway is a copy of your tax form or a transcript from the IRS not the w-2 form. As long as that number is above the federal poverty guidelines then you are ok. If not you will need a co-sponser.

[Chinese Wife!!!]

Hey Carl and John,

 

I believe Carl is right in that normally unemployment benefits are taxable and should be on your 1040 reported as income. I *THINK* you get a 1099 (not a w-2) for this. I am NOT disagreeing with Carl on this issue of doing a K-1 at GZ but an I-864 through NVC ALSO REQUIRES COPIES OF ALL W-2's for the 3 year period (NOW regardless of filing prior taxes as single/married filing seperate OR jointly) and I would have these available. Also @ NVC the tax form cannot be an electronic or unsigned return (my 2003 tax man had a large stamp over the signature area "COPY ONLY". The NVC remedy is to call IRS at 1-800-829-1040 and request a "LETTER 1722" or "literal printout- RTFTP". The letter 1722 is a lot faster and free- should get it in about 5 days is what I was told this Monday. Hope GZ accepts the 1722 but believe they do.

 

Late addition: Requested Letter about 2PM Boston time 1-31- have it in hand now on Feb. 2 in NV.

 

Praise for both the IRS and USPS

[tonado]

When I did my I-134 a few years ago, I used unemployment checks as income. You must claim them as income in the tax returns.

[frank1538]

Take a look at http://uscis.gov/graphics/publicaffairs/fa...eets/affaqa.htm. Although it's a bit dated, it provides some guidance on where the government looks to verify income. Pay particular attention to the section called "Income Requirements".

[john90]

Thanks for all the help.... I just hope that they won't increase the poverty guideline requirements before my fiance's interview comes up.

[warpedbored]

Chinese wife brought up a good point. Even though the K-1 visa only requires the I-134 with one years tax returns after she gets her, you marry and file AOS they will want W-2 s with three years tax records. You still only need meet the poverty guidelines from your tax returns though.