I-134 Question

[dgellis]

Hi All,

I'm wondering how best to complete the I-134.  I'm self-employed and I can choose between this year and last year's tax return as I haven't filed this year yet.

Last year I had a higher personal income, but less gross income.  This year I have much lower personal income, but 50% higher gross revenues.  Which will best suit the I-134 form?

Personal income was lower this year as I did a better job of sheltering my income in business expenses.

Thanks much

Darren

[ConnerVT]

Which ever exceeds the stated level necessary.

[groovlstk]

As long as your over the minimum threshold, don't sweat it. Whether you're $10,000 over the threshold or $10 million, it's irrelevant.

[dgellis]

Will they look at company gross income, net profit or my personal income?  The threshold for me is $32500, and my personal income is less than that, though my company gross far exceeds it.

[Mishenka]

I was told by my attorney they will want most recent two years tax returns or pay check stubs, bank records etc. Proof of income is tough for us self employed people, We write off all our living expenses. They go by the net profit only. what is your bottom line taxable income?

mishenka

[groovlstk]

dgellis,

You might want to post this Q to the audience at Visajourney, http://www.visajourney.com/

There are a lot more folks going through the visa process there, you'll probably get a better answer.

[Lee08]

I'm self-employed and I just submitted mine to the embassy in Moscow this past Friday. No problems at all. Just make sure all the forms and schedules are there. My fiancee gave them my 2008 return only.
As long as you are above the 125% poverty level on your form 1040 you don't need bank statements or anything else.

[JNSampson]

Didn't know USCIS was still accepting I-134's for spousal based immigrant visas. Thought they were now using the "new and improved" ENFORCEABLE I-864 Affidavit of Support. Final rule for that form came out in June of 2006. I believe, but I could be wrong, that the I-134 is now obsolete for family based and employment based immigrant visas or I-485's.

[SMS60]

Didn't know USCIS was still accepting I-134's for spousal based immigrant visas. Thought they were now using the "new and improved" ENFORCEABLE I-864 Affidavit of Support. Final rule for that form came out in June of 2006. I believe, but I could be wrong, that the I-134 is now obsolete for family based and employment based immigrant visas or I-485's.

Im glad some people go thru the process without the aid of an immigration lawyer.

The USCIS does not request a I-134. Some Embassys do require a I-134 for the interview of a K1 visa, which includes Moscow and Keiv.

I think this is more of a ceremonial type document than anything.

To the OP. Send both years, you should be fine. Heck send 5 years and overwelm them with paper............ also works well.

What I have figured they have around 30 minutes to review the documents they recieve on interview day if not less.

You will need the important figures when you go to the USCIS to do AOS in the states.

[dgellis]

I was told by my attorney they will want most recent two years tax returns or pay check stubs, bank records etc. Proof of income is tough for us self employed people, We write off all our living expenses. They go by the net profit only. what is your bottom line taxable income?

mishenka

My bottom line taxable income is far below the threshold.  Should I seek a co-sponsor before I forward documents?

Darren

[Brianinaz]

First the fine print....not an accountant or tax attourney. Having said that if you do not have a formal corporation and seperate tax identification number for your business then your income and your business income are one in the same. If you have not already filed your 2008 return get one of the quicken tax programs at Walmart and generate a return yourself. If you happen to consult a professional tax person after that and generate a new return you haven't done anything wrong. That's what I did for the interview in Feburary and had no problems.

[Brianinaz]

In a friendly fashion I would also throw in...if you're far below the threshold are you sure you can afford to do this? Also if your business gross is "far above" and what you are claiming without a formal corporation is "far below" keep an eye out for the IRS as they look at those spreads

[Chicagoguy]

I am retired so my income, while 125% over the poverty level, is not the same as when I was working. So I included other assets with my I-134. House, IRA, vacation home. I am hoping this puts me in an OK position.

I believe the more you feed them the better. Also, I understand these things are more important for AOS later which might be a year away for you.

[Wienerin]

Didn't know USCIS was still accepting I-134's for spousal based immigrant visas. Thought they were now using the "new and improved" ENFORCEABLE I-864 Affidavit of Support. Final rule for that form came out in June of 2006. I believe, but I could be wrong, that the I-134 is now obsolete for family based and employment based immigrant visas or I-485's.

As far as I know, I-134 is still valid for K1 visas (you'll have to file I-894 for AOS, though) - for the simple reason, that k1 isn't strictly speaking immigrant visa. It's a dual intent visa in the sence that it's per se not non-immigrant, but one doesn't have to prove non-immigrant intent and can adjust status to permanent resident when married.

So, as already said, everything above 125% poverty level is OK - this affidavit doesn't have to show you can support wife and children, it's only to show that you'll be able to house and feed your fiancee, and to buy a return ticket if it so happens. It doesn't impose any long-sdtanding obligations on the fiance, as the I-864 does according to the latest court rulings and USCIS information.

[dgellis]

In a friendly fashion I would also throw in...if you're far below the threshold are you sure you can afford to do this? Also if your business gross is "far above" and what you are claiming without a formal corporation is "far below" keep an eye out for the IRS as they look at those spreads

That's a fair question.  As far as I can tell, 125% of the poverty level is $32500 for me.  My business grossed over $75K last year, and netted $28K.  My personal taxable income was just over $10K after deductions.  So, I'm certainly able to support my family especially in that I write off many of my living expenses.  Basically, I just want to know if I should get a co-sponsor or just submit my tax return and bank statement.  I don't want Lydia to be denied because of my book keeping.

So, the "far below" and "far above" statements were in my scale here in Maine for my sole-proprietorship consulting business.

Now that I've bared my wallet, what do you all think?