Proving Income For The Self Employed Petitioner Of A K1 Fiance Visa

Every Petitioner applying for a K1 Fiance visa must demonstrated that he or she earns at least 125% above the poverty guidelines for whatever size family they will become.
For a salaried employee, this requirement is generally met by providing a letter of employment which states what the petitioners job title and annual income is, copies of past pay stubs and a copy of their most recent Fed Tax return and W2.
For someone who is self employed, proving their true income can be more challenging. From my experience, and for good reason, self employed petitioners deduct as many expenses as they can to reduce their taxable income. This aggressive approcah to reduce taxable income can weaken a petionners standing with Immigration. For this reason, self employed petitioners should be careful not to reduce their income below the required level for Immigration purposes. Also, when their are non cash expenses such as losses carried forward and depreciation, it becomes important to point this out to Immigration. I recommend having your account prepare a letter explaining any such expenses to show a more accurate and hopefully higher level of true income. I further recommend that you prepare a letter on your company letterhead explaining what your responsibilities are within your company and what you pay yourself annually. This letter should be supported by deposits, pay stubs and of course your Federal Tax return. In lieu of a W2, you can provide a 1099.
I would also provide information pertaining to value of your company, any significant assets as well as company and/or personal bank accounts.
If you have any questions about the K1 Fiance Visa, you are welcome to call me toll free at 1-888-515-3529 to discuss. I am always happy to help.
Attorney Jeff Pettys

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