Ve-Us

Hi, my wife was told by the INS Officer that she has to get a full
time job and earn 125% above or equal the poverty guideline in order
to be my affidavit support... but now it is getting too difficult to
find a job with that anual income for her. She found a full time job
but isn´t enough ´cause she is earning bellow that 125%...

My question is the following: can she find a part time job besides the
actual one to allow her to reach the 125% of the poverty guideline, by
adding both jobs´ anual income?.... is that possible?...

thanks for your ansewrs to come.

Leslie

This is kind of a crazy question but, here goes ......... If she makes above the poverty guideline with the 2 jobs, has letters from both of those employers, and tax returns to back this up......... what's the problem? However, why don't you guys get a co-sponsor?

wesleygolf

All that is well and good, but how are they going to have tax returns for the current year? In order for the 2nd part time job to show up on tax return, it would be spring of 2005 before income would show up on a tax return for 2004 if she hasnt even started the job yet.

Ve-Us

thanks for yur posts.... ok, i`ll have to tell more about it...

1) definitly we can`t use a co-sponsor, be cause she doesn`t know well
anybody there.... she has always lived in a foreing country, except
her childhood...

2) About the taxes: she only has to declare the last year because she
was studing abroad until last year, and worked on the foreing contry a
few months... even if she finally finds a fulltime job which reaches
the 125%, the taxes wouldn`t show it...

I would like to know if you people have heard about a situation like
this before....

jeffreyhy

wesley,

The tax returns shouldn't need to show the full current income. It's helpful if they do, but more important is current income if it's documented as secure (eg. permanent employment as opposed to, say, seasonal employment). There are many perfectly valid reasons why past income is inadequate and would not be held against the sponsor if present income is adequate.

Best of all, of course, is if both past and present income is adequate.

Regards, JEff

MrDub

I asked a similar question to the lawyers who visit this site some time ago. The answer I got was that you are only required to give 3 years of tax returns if you were required to submit tax forms at the time. Being in college/working abroad means you are not required to submit tax forms. I was told (well my fiancee ) to just submit her tax form for last year (she was in university before that) and a letter from her current employer stating this is her salary and she is a full time worker etc.

In regard to getting two jobs, I dont know for sure but I cannot see why it would be a problem to have two. You are legally allowed to have two jobs so why would you not be able to combine salaries. Im sure the tax law in the US does not let you skip tax on one job because you have already submitted tax for the other !...ie both willl have to be accounted on on your tax form at the end of this year so I cannot see any reason why it would not count presently.

So In summary, I think you'll be fine from what I have learnt to date !

jeffreyhy

V-U,

Giving all of the important information the 1st time is generally a good idea if one wants to get meaningful responses.

Maybe your fiancee doesn't need to file a tax return for past years for tax reasons, but that doesn't mean she can't file them so that she can show the immigration folks what they want to see. Alternatively, her explanation for not having filed may be satisfactory, but sorry - I don't know what the satisfactory explanations might be.

Regards, JEff

Leslie

Well, there have been a lot of student/recent grads that have applied for K visas. I think Wesley is right though, it will have to be reflected in a tax return which will take another year. Maybe some other posters will chime in if they know a way around this.

Perhaps your wife could go to Catholic Charities or some organization that offers pro-bono legal help. Do a search on this forum they have been mentioned many times. Then she can get some help filling out the forms and an advocate since her situation is unique.

Leslie

meauxna

Leslie & Wesley, a gentle but loud correction:

NO where is it said that ANY tax return must show 125% poverty level. Nowhere. Petitioners who currently earn sufficient income OR sufficient income + assets do not need to wait until they've filed a tax return which shows 125% poverty.

to the OP: many people from this discussion group have taken a 2nd job to bump their income up over 125%. Pay slips and letters from employers are 2 ways of verifying income. By all means, have your wife seek some free/reduced price help if she needs it, but be assured, your situation (as described here) is not all that unique.
If you and your spouse have lived together for 6+ months, you are part of her 'household'. Your assets or US job income may be useful.

wesleygolf

I agree that current income with letters of employment, payslips, etc.. will help a great deal. However, This next statement comes directly from a consulate officer as recently as 2 weeks ago, He said, While current income (year to date) shows an amount made thus far this year, it does not show the total years income as it will show on a federal tax return (1040 ). without the entire years income on a tax return, there is no way to PROVE that the amount you submit will be what you say it will. Things can happen as in layoff from work in any given month, someone could be fired, or have a health problem and not be working, etc... the only sure way the consulate can truly verify income, is on a federal tax return that was sent to IRS for processing. Future income cannot be assured or predicted due to unforseen issues. Bottom line, from what i understand, the last years tax return,(2002) ALONG WITH current income with supporting document will carry the most weight as far as an approval. I am NOT saying if you dont have a sufficent tax return for 2002 that you would be denied, i am saying the possiblities are greater that it could be. Mostly because without it, it would be very hard to prove consistent income, and you would really be going on projected income, which is very hard to do.

Leslie

I defer to your wisdom on this. I was thinking of a woman who's fiance got denied in Morocco because her tax returns did not show sufficient income for previous years. As the discussion went along it turned out that she had probably made enough, but was paid as contract labor and there was question as to whether she actually paid taxes on that income, but I digress. The point I was trying to make was that she was currently above 125% but he didn't get his visa. I really don't know the law on this and perhaps if they had a lawyer it would have never been denied. Or at least the Conoff would not have gotten away with it for long.

Leslie

Leslie

jeffreyhy

wesley,

You (was it you?) may have gotten the Consular Officer from hell. Or, the information provided about the current job made him concerned that there is something shakey about it.

Read your own post again - the logic is seriously flawed. Nothing, including past income tax returns, can provide assurance that there will not be a drop in income in the future.

Recognizing that there is nothing that can guarantee the future, current income is a better indication of tomorrow's income than is last year's income. (Unless, as I posted previously, the current employment was designated as temporary from the start). A set of several consecutive pay stubs along with an employer's letter stating that it's a permanent position, the normal weekly hours, and the rate of pay, gives the best possible indication of future annual income.

Self-employment is another story. (And a lot of self-employed's find out that the things they've done to cut their tax payments have a negative impact on their ability to prove support...)

Regards, JEff

wesleygolf

Yes i see your point. Contract labor is ok as long as the tax returns show sufficent income that meet poverty guidelines. Being self employed in itself would not be cause for denial of a visa Also it is noted that IRS information is not released to consulates at any time so whether or not the taxes were actually paid, they would have no idea. They only want to see sufficient income that has been consistent, and from their prospective will continue to be consistent so as the immigrant will not become a public charge on society. Immigration would have to conform with guidelines whether a person is self emplyed or a W-2 employee as they both earn income and both must prove they will continue to do so. Tax returns are a sure fire way they can do that. I would strongly recommend that anyone who does not have a sufficent 2002 tax return, obtain a co-sponsor. This is only my opinion, and i am not a lawyer. This information is only from experience, nothing else.