ForumTitleContentMemberSexCountryDate/Time
US Citizenship General DiscussionN-400 May 2013 Filers

 

My ceremony was scheduled for 10am, they then had to process everyone in which took about half hour, the actual ceremony started at 11am - with mine the judge talked about the history of the constitution for about 10 minutes, did the oath (5 minutes) then he talked some more about why it is such a great honor to be a US Citizen this was another 45 minutes.  So an hour for the ceremony.  If you have a very young child I would not take them unless they can sit still and be quiet, my son is 11 yrs old and said he found it interesting to see the oath but the history lesson he could have done without, or at least a shortened down version!!

My son's also 11 (12 in November)!  We're scheduled at 9 am for the ceremony.  My son's school day starts at 7:10 am....just too early for learning!


cassi9879 

Congratulations on your upcoming Oath Ceremony !dancin5hr.gif

 

Thanks, we're ready for this to all be done!


cassi9879FemaleGermany2013-09-13 15:41:00
US Citizenship General DiscussionN-400 May 2013 Filers

How long does the ceremony usually take?  Trying to decide if I'm taking my son out of school to watch.


cassi9879FemaleGermany2013-09-13 10:42:00
US Citizenship General DiscussionN-400 May 2013 Filers
Oath ceremony scheduled for 9/26 @ 9 am
cassi9879FemaleGermany2013-09-09 16:41:00
US Citizenship General DiscussionN-400 May 2013 Filers

My husband's oath ceremony is on September 27 at 7:30am at the Los Angeles convention center!

We did it! Can't believe we made it to the end.
smile.png


So early in the morning!


cassi9879FemaleGermany2013-09-06 13:54:00
US Citizenship General DiscussionN-400 May 2013 Filers

FINALLY!!!  On September 6, 2013, we scheduled you for your oath ceremony and sent a notice providing the date, time, and location.


We were put in line Aug 22 for Oath , How long does it usually take to get letter ????  ... I thought for sure by now we would have gotten something in the mail ....Does USCIS send another email saying the Oath was scheduled ????  

I just got the notice a few minutes ago that the ceremony is scheduled.  So we'll see the letter with the actual time in the mail next week.  We've been in line since Aug 14.  It all depends on your local office's scheduling.


cassi9879FemaleGermany2013-09-06 13:51:00
US Citizenship General DiscussionN-400 May 2013 Filers

Benny had his interview 8/6.  He was put in the oath queue on 8/14.  We're still waiting for the ceremony date :(


cassi9879FemaleGermany2013-09-06 08:14:00
US Citizenship General DiscussionN-400 May 2013 Filers

They sure are dragging their feet getting the oath ceremony scheduled.  Everything else has seemed rather fast.


cassi9879FemaleGermany2013-09-03 11:52:00
US Citizenship General DiscussionN-400 May 2013 Filers

On August 14, 2013, we placed your application in the oath scheduling queue. We will send a notice when the ceremony is scheduled.


cassi9879FemaleGermany2013-08-14 07:47:00
US Citizenship General DiscussionN-400 May 2013 Filers

does anyone know how long it will take to get online update on the naturalization interview status?

Benny had his interview on the 6th and it's still not updated.


cassi9879FemaleGermany2013-08-13 08:16:00
US Citizenship General DiscussionN-400 May 2013 Filers
It only took about 20 minutes for Benny's interview / test. The question he had difficulty with was about what the constitution was. He knew the answer but he was just too nervous. Benny passed and will be a citizen in a month or two!
cassi9879FemaleGermany2013-08-06 13:46:00
US Citizenship General DiscussionN-400 May 2013 Filers

Tomorrow's the interview.  I was planning to sit outside while I waited for Benny but there's rain in the forecast now.


cassi9879FemaleGermany2013-08-05 07:23:00
US Citizenship General DiscussionN-400 May 2013 Filers

Interesting....

 

For Indianapolis Non-Military

 

All Other Pending: 1557 

Awaiting Customer Action:  66

Completions:  348

Receipts:  408

 

I guess we're a part of the 66 since Benny's interview is next month.


cassi9879FemaleGermany2013-07-22 07:36:00
US Citizenship General DiscussionN-400 May 2013 Filers

We finally picked up our mail today... His interview date is on August 12 at 1:50 pm !!
On top of that we had our baby this past weekend smile.png))) baby Lauren smile.png

We plan on going to the interview all together smile.png


Congratulations!


cassi9879FemaleGermany2013-07-12 09:02:00
US Citizenship General DiscussionN-400 May 2013 Filers

I hope I captured everyone's dates correctly - please feel free to change the dates if I got them wrong!!  I figured it needed updating smile.png

 

 

Thanks for taking care of this!


cassi9879FemaleGermany2013-07-10 10:40:00
US Citizenship General DiscussionN-400 May 2013 Filers
The letter was in the mailbox when I got home. Benny's interview is August 6. Why in the world do they need the original and a copy of everything?
The letter was in the mailbox when I got home. Benny's interview is August 6. Why in the world do they need the original and a copy of everything?
cassi9879FemaleGermany2013-07-08 16:33:00
US Citizenship General DiscussionN-400 May 2013 Filers

Thought we'd receive the actual interview notice this weekend but we only got junk mail.  So I'm hoping it's in today or tomorrow's mail so we know how long Benny has to study.


cassi9879FemaleGermany2013-07-08 14:48:00
US Citizenship General DiscussionN-400 May 2013 Filers

Hi, went to get bio done on 06/26/13.....no update yet on the website and haven't receive any email/text....is that normal?...my local office is Houston TX....

Maybe Houston is backed up on timeslots.


cassi9879FemaleGermany2013-07-08 14:44:00
US Citizenship General DiscussionN-400 May 2013 Filers

I'm signed up for emails but haven't seen this.  I just logged in and saw

 

On July 2, 2013, your N400, APPLICATION FOR NATURALIZATION was scheduled for interview.   You will receive a notice with a time and place for your interview.


cassi9879FemaleGermany2013-07-03 09:27:00
US Citizenship General DiscussionN-400 May 2013 Filers

Benny's biometrics were a lot faster this time around than last time.  They weren't packed either.


cassi9879FemaleGermany2013-06-28 14:25:00
US Citizenship General DiscussionN-400 May 2013 Filers

Where will I find my priority date to update on my info?

Benny's was on his NOA1 I think.


cassi9879FemaleGermany2013-06-25 08:09:00
US Citizenship General DiscussionN-400 May 2013 Filers

Hopefully things will pick up again after the 1st.


cassi9879FemaleGermany2013-06-20 13:19:00
US Citizenship General DiscussionN-400 May 2013 Filers

Biometrics appointment is 06/28/13


cassi9879FemaleGermany2013-06-13 15:19:00
US Citizenship General DiscussionN-400 May 2013 Filers
Initial Review

On June 11, 2013, we mailed you an appointment notice to have your fingerprints taken. Please follow the instructions on the notice. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.


cassi9879FemaleGermany2013-06-13 12:57:00
US Citizenship General DiscussionN-400 May 2013 Filers
Received and priority date is 06/03/13. Notice date is 06/04/13.
cassi9879FemaleGermany2013-06-08 12:05:00
US Citizenship General DiscussionN-400 May 2013 Filers

lol lol no, not at all. So the date, 03/07/12 is the date on his card then?


No, 03/07/09 is on the card. 03/07/12 is the 3 year anniversary.

cassi9879FemaleGermany2013-06-08 11:21:00
US Citizenship General DiscussionN-400 May 2013 Filers

His 3 year anniversary would be 03/07/12, so yeah, the eligibility date for him would be 12/08/11.


Is it bad that I couldn't remember so I had to look at his green card for the date? LOL

cassi9879FemaleGermany2013-06-07 22:48:00
US Citizenship General DiscussionN-400 May 2013 Filers

What's the date of his 3 year greencard anniversary? Is it 3/7/09? Or is that the date he received it in hand?


That's his in hand date.

cassi9879FemaleGermany2013-06-07 22:44:00
US Citizenship General DiscussionN-400 May 2013 Filers

Hmmm well if you are adding eligible dates mine was 01/25/2004  lol - The only reason I am doing it now is because my green card expires next year, but having since started the process I have become pretty excited about getting my citizenship :)


Should we call you last minute Suzee?

cassi9879FemaleGermany2013-06-07 17:32:00
US Citizenship General DiscussionN-400 May 2013 Filers
OK. Benny got PR on 3/7/09 so his earliest filing date would've been 12/8/11 right?

Edited by cassi9879, 07 June 2013 - 05:00 PM.

cassi9879FemaleGermany2013-06-07 16:59:00
US Citizenship General DiscussionN-400 May 2013 Filers

If the processing times are correct Benny would be a citizen around our anniversary!


cassi9879FemaleGermany2013-06-07 09:32:00
US Embassy and Consulate Discussionabu dhabi visa interview blue slip,more proof required
QUOTE (tonylikeslili @ Jul 17 2009, 04:41 AM) <{POST_SNAPBACK}>
Well sorry about the late posting everyone,as you can probably tell I'm not all that good at the forum thing sad.gif ,my fiance did go for her interview on july 6th in abu dhabi but they gave her a blue slip of paper that says they want more proof of our relationship,since there was soooooo much emails and messages and other proofs my fiance put most of them on a cd and took with her but they would not except that,they want everything printed out,so please don't make the mistake we did,I am preparing the most intensive proof packet I can muster up to send to the embassy now,I mean everything,every email,every message,reciept,phone call,picture,scans of post marks pictures of gifts,I mean it's so much it's going to have to go in a box!!!,there is no way after they get this lot that there can be any doubt of our intentions towards one another about getting married,it just really upsets me because my fiance is so honest and sincere that I know it broke her heart for them to think she was just trying to "get a visa"I think they do this to try and discourage people so that they give up,and especially people from iran because it is'nt like they can just go to embassy in tehran,she has to take time off of work and it cost more money,my heart goes out to all iranians who have to go through all this red tape,but I guess thats part of the game,from what I understand once they recieve the next lot of info from us her case number will appear on the abu dhabi embassy website,when it does she will have to go back to the uae hopefully for the last time so that our visa can be approved,I miss my dear wife so much,there's not a day or night that goes by that I am not longing to feel her embrace once more,I hate this feeling of groping in the dark,it feels like it will never be over,god bless all iranians and all vj members on this journey


First good luck in the rest of your journey. Somewhere in the instructions it says not to use electronic media which would include CD's. Sorry to hear about your problems.
Second, you said I miss my dear wife so much...you know a K1 visa is a fiance visa, right? Hopefully you just call each other wife/husband in private. Make sure during any correspondence or face to face with anyone handling your case neither of you make the mistake of saying wife/husband when referring to you FIANCE(E).

thepizzadudeMalePhilippines2009-07-17 11:50:00
US Embassy and Consulate DiscussionSara's Thread
kicking.gif Glad to hear you got out of AP at NVC kicking.gif
thepizzadudeMalePhilippines2009-09-13 15:26:00
US Embassy and Consulate DiscussionHelp!
QUOTE (blueskys @ Aug 19 2009, 10:29 PM) <{POST_SNAPBACK}>
QUOTE (thepizzadude @ Aug 19 2009, 08:25 PM) <{POST_SNAPBACK}>
QUOTE (blueskys @ Aug 19 2009, 06:03 PM) <{POST_SNAPBACK}>
Can anyone help me answer these questions below:



Hey Everyone,

I am still working on getting around the stuff for the I-134 as much as I can before I head down to Guatemala to visit my fiancee in a week. I have a few questions however, and could really use some clarity and help on this.

Have a nice trip!

1) I have been reading and based on some previous post answers, as far as a joint sponsor, I have my parents who are willing to co-sponsor who both individually make enough and then together as well. I have heard now that I can only have one of them co-sponsor even though they are married and file taxes together and have all bank accounts in both their names. Is this correct?

Yes

a) If so, how does that work with tax returns and such if my father is self-employed. Would I still need W-2 and information from my mom or how does this work? Super confused on this part.

Depends on who is cosponsoring, mom or dad. Whichever you will need copies of their tax forms and w-2/1099 from whichever will be sponsoring.


2) Do my tax return copies with W-2's need to be notarized?

No

3) Is it required to have transcripts from the IRS on top of tax return copies with W-2s?

No

4) I am assuming the I-134 forms DO NOT need to be notarized. What is the bottom portion of the form for then? Who fills that out?

Not needed now, it used to be required.

5) I am taking a COPY of the whole I-129F packet I sent in originally along with the ORIGINAL copy of the NOA1? What else would be good to take at this time? We have not yet received the NOA2, however, what I can take down in person, I would prefer to.

Any updated info from you, pay stubs...recent letters, emails, chat transcripts.

6) I send all ORIGINALS with the I-134 as far as letters and information from employers correct? I was just thinking to make copies of all of this for me to keep here in the US as backup information.

Keep originals for you UNLESS it specifically asks for them. Send copies to him.

Alright, I think that is enough questions for now. I would GREATLY appreciate any help anyone can offer and appreciate all the advice.

Thanks to everyone

Bendiciones!!
Jessica


Good Luck




Thank you so much for taking the time to help me out!! I really appreciate it. I just had one more quick question regarding what I take to him then. You said send copies unless it asks for originals. So the NOA1, it is ok to just send a copy of this to him?

Thanks again for your time.

Bendiciones


Yes send copy, main reason is unless they ask for an original you would be crazy to let them have one. It means YOU won't have one anymore. Anything you think he may need an original for let him have it but tell him to ONLY give them the COPY, that way if they want to see it they can "touch it" "scan it" "kiss it" or whatever they want BUT they give it back before he leaves their presence.
I would NOT mail any original that you cannot replace. Reason is WHAT HAPPENS IF THE MAILMAN LOSES IT. Now if you are going to FEDEX something, go ahead and feel safe to send an original that way, just insure it for the amount it would take to replace it. I can't remember but it costs a bunch to get a NOA1 or NOA2 replaced, off the top of my head it's like $300+ but I could be remembering wrong. NOA2 is very important as you will need it when you file for AOS.

Good Luck

thepizzadudeMalePhilippines2009-08-19 21:42:00
US Embassy and Consulate DiscussionHelp!
QUOTE (blueskys @ Aug 19 2009, 06:03 PM) <{POST_SNAPBACK}>
Can anyone help me answer these questions below:



Hey Everyone,

I am still working on getting around the stuff for the I-134 as much as I can before I head down to Guatemala to visit my fiancee in a week. I have a few questions however, and could really use some clarity and help on this.

Have a nice trip!

1) I have been reading and based on some previous post answers, as far as a joint sponsor, I have my parents who are willing to co-sponsor who both individually make enough and then together as well. I have heard now that I can only have one of them co-sponsor even though they are married and file taxes together and have all bank accounts in both their names. Is this correct?

Yes

a) If so, how does that work with tax returns and such if my father is self-employed. Would I still need W-2 and information from my mom or how does this work? Super confused on this part.

Depends on who is cosponsoring, mom or dad. Whichever you will need copies of their tax forms and w-2/1099 from whichever will be sponsoring.


2) Do my tax return copies with W-2's need to be notarized?

No

3) Is it required to have transcripts from the IRS on top of tax return copies with W-2s?

No

4) I am assuming the I-134 forms DO NOT need to be notarized. What is the bottom portion of the form for then? Who fills that out?

Not needed now, it used to be required.

5) I am taking a COPY of the whole I-129F packet I sent in originally along with the ORIGINAL copy of the NOA1? What else would be good to take at this time? We have not yet received the NOA2, however, what I can take down in person, I would prefer to.

Any updated info from you, pay stubs...recent letters, emails, chat transcripts.

6) I send all ORIGINALS with the I-134 as far as letters and information from employers correct? I was just thinking to make copies of all of this for me to keep here in the US as backup information.

Keep originals for you UNLESS it specifically asks for them. Send copies to him.

Alright, I think that is enough questions for now. I would GREATLY appreciate any help anyone can offer and appreciate all the advice.

Thanks to everyone

Bendiciones!!
Jessica


Good Luck

thepizzadudeMalePhilippines2009-08-19 19:25:00
US Embassy and Consulate DiscussionIncome and Loss
QUOTE (Steve_and_Lina @ Aug 9 2009, 10:14 PM) <{POST_SNAPBACK}>
Just to update everyone on this thread.

Upon consulting with my wife and someone willing to step forward as a cosponsor, we filed the cosponsor I-864s with Moscow. On 8/7, my wife received the visas for her and my stepdaughter and we are now finalizing plans for them to come here to the US.

In the meantime, I've received responses from the NVC and USCIS concerning my inquiries. I don't have time to get into them now, but essentially, all parties passed the buck to the consulate, who then passes the buck back by saying that they're only following the guidelines given them.

Catch-22, anyone?

We may pursue this further. Or others on this board may wish to take this up. I think it's worth pursuing and a lot of people are being hurt by the current interpretation of the rule and I hope a reasonable solution can be found.

In the meantime, I want to wish everyone here the best of luck in this long and maddening process and I thank everyone for their opinions and insights and apologize if I came off a bit cranky. We all know that being without our loved ones can do that to a person.

Cheers!
Steve


rofl.gif Hehehe good luck to ya Steve

thepizzadudeMalePhilippines2009-08-09 22:44:00
US Embassy and Consulate DiscussionIncome and Loss
QUOTE (Gary and Alla @ Jul 22 2009, 12:43 PM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Jul 22 2009, 10:21 AM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Jul 22 2009, 05:14 AM) <{POST_SNAPBACK}>
The OP would be well-served to also realise that this "issue" not only impacts immigration and his ability to demonstrate satisfactorily that he can meet the terms of the Affidavit of Support, but also plays a role in any potential sale of his "entity" down the road. Reducing business net profits by any and all available tax write-offs to save the requisite tax, while perfectly legal, can have a negative effect when determining an "entity's" value at sale time.


I think the OP has only his personal services to sell but it's a good point anyway. The same issue impacts qualification for loans, mortgages and any credit related applications, as the banks use line 22 as well. On the other hand banks have historically been willing to consider such things as company cars and tax advantages of the self-employed on a case by case basis. I say historically because in today's economic climate all bets are off on what a bank will consider. I expect nearly all have reverted back to strict line 22 policies.


It would seem that way, Pushbrk. I know I used to be able to get a bank to consider the "profit" without the depreciation or "business use of home" expenses, but it seems lately (from the experience of others that have related it to me) that this is not the case. Seems now they go strictly by line 22. (Of course banks can do what they weant, so it is a general statement) but another reason I found the "schedule C" method unsatisfactory.


Same here, I have refinanced my home 3 times in 13 years and last 2 times it was a 10 day process, they didn't even ask for the appraisal or my income. This time the put me through the ringer, appraisal, proof of income and I was in much better position this time than either of the last 2.
It's crazy out there right now....LOL

thepizzadudeMalePhilippines2009-07-22 12:41:00
US Embassy and Consulate DiscussionIncome and Loss
QUOTE (Steve_and_Lina @ Jul 21 2009, 08:42 AM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Jul 21 2009, 01:15 AM) <{POST_SNAPBACK}>
Yes, I do. You choose to eat the tax advantages. Once eaten, that part of the cake is no longer visible to USCIS. You can't report 1099 income on a 1040 but you are not forced to eat the tax advantages available when you report it on the schedule C. You are free to explain and document the financial ramifications in your affidavit of support. If you can convince USCIS to consider them, more power to you.


See, this is what is counter-intuitive.

Your position- and the current position of USCIS- is that in order to make the line 22 number work, 1099 employees must forgo legal deductions on their taxes.

But what is the real-life ramification of doing so?

Taking the auto deduction example again, one would then have to pay an additional 15% in taxes on $17,500 in income, for starters. That's $2,625. Then there would be the increase in the self-employment tax as well. I don't have time to run all the numbers, but what we're looking at is that a 1099 person would have to shell out an additional $4k or so at the very least.

So that's $4k one would have to pay in taxes that they legally do not have to pay.

Isn't the purpose of the I-864 to make sure one has the means to support their wife/kid? Yet, because USCIS, for whatever reason, doesn't wish to consider line 7 of the C, a 1099 person now must shell out $4k that could otherwise be used for food, rent, putting some bucks aside for college for the kid, etc etc.

Again, it makes no sense. This isn't a choice of what kind of cake to eat. This is assessing a brutally punitive tax on self-employed people whose costs are the exact same as a W2 employee.

So the logic is that in order to show us you can support your family, you must give up $4,000.

Huh?????


rofl.gif
Yep thats what they are saying, we the government will let you show us the income we require but only if you PAY us more to do it...give up your allowable deductions, expenses, depreciation or amortization it doesn't matter but that is the only way WE will let you pass GO. By cheating you....hehehe
I went through this last year with depreciaton of some major assets I purchased that can only be written off over a short period of time 5-7 years. When I checked with my CPA for her interpretation of my situation she had to call many other accountants she knew to get a consensus...SOME even said I COULDN'T NOT TAKE THE DEPRECIATION because it would raise flags, so it just shows the reason we have a zillion pages of tax law and 98% of it is just BS.

And i'm not a 1099 I am an S corporation so it all carries to my taxes.

Edited by thepizzadude, 21 July 2009 - 05:11 PM.

thepizzadudeMalePhilippines2009-07-21 17:09:00
US Embassy and Consulate DiscussionIncome and Loss
QUOTE (diadromous mermaid @ Jul 19 2009, 05:37 PM) <{POST_SNAPBACK}>
Help me to better understand your feeling that the business eowner is being penalised. Where is the business owner's dilemma (unfairness in the "income" requirement) any different from a hard-working food server that gets cash tips that far exceed her income that is paid direct from the employer? She can report her tips and show a healthier income for USCIS purposes, and pay more tax as a consequence, or she can not declare a sizeable amount of her earnings, and reap the tax rewards, and fail to meet the USCIS income requirement. How does that differ from what you are claiming?
QUOTE (Steve_and_Lina @ Jul 19 2009, 06:27 PM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Jul 18 2009, 09:33 PM) <{POST_SNAPBACK}>
QUOTE (Steve_and_Lina @ Jul 17 2009, 05:49 PM) <{POST_SNAPBACK}>
No, I'm not confusing it.


No, you're not confusing it, just conveniently misinterpreting it. The context is quite clear and is defined further as income from line 22 of the 1040 form. I'm self employed too, have no employees, overhead or inventory, (Well one of my businesses has a little inventory now and then.) and I'm not incorporated. It's all 1099 or direct income. Line 22 rules. You'd best learn to live with it. The tax advantages of being self-employed can come back to bite you on an affidavit of support.



Can you cite precisely the law or regulation where it says that "preduction income" is defined by only by what is entered Line 22?

Nothing that I have read has specifically said that this is the only interpretation. The wording is very hazy in the reg I cited, only stating "pre-deduction income" on the "income tax form". Well, Schedule C is an "income tax form" and I've established my preduction income via my 1099s and W2s, so failing a direct regulation or ruling that establishes Line 22 as the ONLY definition, I have a valid legal argument. More than valid, actually, because in this instance, the government appears to be violating the regulation by considering post-deduction income, contrary (again) to the regulation I cited.

And really, "learn to live with it"? I'm not the sort to stand by silently and be incorrectly penalized and just because others have chosen to done so does not validate that as a reasonable course of action. If according to the regulations (and I am shown so conclusively) I am incorrect, then I will accept it. But to this point, the issue remains wide open.



Well just to put you back out in the pasture ONE is illegal and ONE is not...Thanks for joining play again soon.
thepizzadudeMalePhilippines2009-07-19 17:57:00
US Embassy and Consulate DiscussionIncome and Loss
QUOTE (pushbrk @ Jul 14 2009, 11:11 AM) <{POST_SNAPBACK}>
QUOTE (JimVaPhuong @ Jul 13 2009, 06:36 PM) <{POST_SNAPBACK}>
QUOTE (Steve_and_Lina @ Jul 13 2009, 04:45 PM) <{POST_SNAPBACK}>
Actually, I'm in a discussion now with the US Consulate in Moscow on this very topic, as this is throwing a major wrench in the visa applications for my wife and stepdaughter.

I work mainly as an independent contractor and the majority of my income is reported to me on 1099s. When I do my taxes, I fill out a Schedule C and on line 7, enter my total income. Further down the form, I then enter all my deductions, subtract them from my income, and this figure gets transferred over to my 1040 on line 12.

Now, the issue of contention is this. According to the Foreign Affairs Manual Volume 9 (which is the guidebook for the regulations involving, among other things, immigrant visas), in section 9 FAM 40.41 N5.5-1, income is defined as follows:

"Income", for the purpose of Form I-864, means total unadjusted income as shown on the tax return, before deductions. Total unadjusted income includes not only salary (if any) but also monetary gains from any other source, such as rent, interest, dividends, etc.

It is my argument that the amount that gets transferred over to the 1040 line 12 is not unadjusted income, but adjusted income, since that figure represents my income minus deductions. As you can see, that conflicts with the directive I quoted above.

Instead, when considering income, I am contending that the State Department should use the figure on line 7 of the Schedule C and all other income on lines 7-11 and 13-21 on form 1040.

I will post a new comment when the Consulate issues their ruling. In the meantime, I'll continue to be sick to my stomach from worrying and unable to sleep. Isn't this fun?


Line 7 on schedule C is your gross income after cost of goods, etc., but before your business expenses are deducted. It's still not an accurate reflection of how much money you have to live on because it hasn't taken account of how much money your business needs to "live" on. Your business gets fed before you do.

Think of it this way - if you were an employee of a company, would you expect the IRS to consider money your employer spent on your office furniture as your income? Of course not! That money was spent on the business, and that furniture belongs to the business. The IRS draws a distinct line between what is income and expense for the business, and what is income and expense for the individual. Since you are self employed, you have to draw that line for them.

It sounds to me like they want to know your total income before personal deductions. This is how much money you personally have to live on.

I hope you manage to work this out with the consulate, but I wouldn't hold my breath. I'm sure you're not the first self employed sponsor they've had to deal with, and it's unlikely they're going to change the rules now. I haven't looked, but I'd bet there's a memorandum somewhere that tells them exactly how they're supposed to interpret a tax return. You could probably save yourself all this grief by lining up a co-sponsor.

Good luck!


There are various scenarios where the tax advantages of being self-employed come back to haunt the sponsor. Some things are as simple as revenue minus expenses equals "income" but some are not.

I've done the same work both as a 1099 contractor and W2 employee and had the same expenses in either case. Fortunately, when I sponsored my wife, I was an employee. Now that I'm not, the "employee business expenses" that did not go on a schedule C or reduce the line 22 total income. The result is a lower income on line 22 even though my financial condition is identical. There's a difference between "allowable write-offs" and actual expenses. Most of my expenses were from claiming mileage on a pretty economical older vehicle, where actual expense was significantly lower and where personal and business mileage tends to be co-mingled quite a bit. If I stop to buy something for home on the way back from sales call, that's still business use.

Another issue is depreciation. Depreciation of a capital investment will reduce income without any actual impact on funds available for personal use.

I don't know the specifics of Pizza Dude's situation but do bear in mind the difference between "allowable deductions" and "actual expenses". The main reason we have so many accountants is to help businesses reduce their taxable income while preserving cash to benefit the owners. You can't have your cake and eat it too. Tax advantages, bite your butt at affidavit of support time. It's not "unfair". It's "different".


Exactly it is different but I still think there should be some way to allow the self employed to NOT have to give up allowable expenses just to qualify.
thepizzadudeMalePhilippines2009-07-14 17:45:00
US Embassy and Consulate DiscussionIncome and Loss
QUOTE (JimVaPhuong @ Jul 12 2009, 05:58 PM) <{POST_SNAPBACK}>
QUOTE (thepizzadude @ Jul 12 2009, 03:23 PM) <{POST_SNAPBACK}>
OK maybe you need to look at it if YOU are at the minimum level of income to qualify like this...

I have 30000 in revenues, I have 14000 I can write off giving me 16000 to be taxed BUT I need to show 21800 to qualify therefore as a business owner I lose out on 5800 of my allowable write off....


Ok, sounds like you didn't have a loss after all. You just didn't have enough of a profit to clear the threshold.

The revenues from my business were about $30,000, but I SPENT about $36,000, leaving me with a $6000 loss for the year. That $6000 came out of my pocket, and reduced the line 22 total income by $6000. This was the first year for my business, so the loss was expected. The income from my full time job more than makes up for the loss, so I'm still above the 125% threshold by a very comfortable margin.


A. I didn't say this was me.
B. This has nothing to do with 2nd jobs to cover the amount needed to qualify.
C. This could happen equally to a business having 250k in revenue with payroll, insurance, cost of goods blah blah blah. Carry Over losses from previous years, and depreciation. THE FACT is you could have to NOT take allowable losses just to qualify and IT IS NOT FAIR period. I only used your simplistic AMWAY business model for simplicity. I'm sorry but FACTS are FACTS. yes.gif

thepizzadudeMalePhilippines2009-07-12 18:12:00