Foster mother needs a co-sponsor?

[caregiver4ever 0]

I am sooo mad. It has been 2 years since we file for adjustment of status and have been calling and calling. We got a letter for proof if income i-485 but I am a foster mother and taxes are not taken out of my pay because its like the state taxing itself. I make more then 50 thousand a year and sent all the proof. I own a house worth over 300 3 cars bank ext. I sent immigration all this proof and deeds and bank statements, letters from my jobs(agencys) stating how much I make. They send me 2 times asking for proof saying I dont meet the income lines?????Come to find out they dont consider the money I make as income. I dont know why. Any way now they are saying I need a co-sponser. My husband has been here almost 3 years now. I cannot believe this. I have asked some of my family and they are like oh i cant do that that means im responsible financially for 5 years. I am ready to screeeeaaaaam!!!!! I can not believe this. After a year from the last time I sent in proof they send me a letter saying I have a month to get a sponser. I dont know what to do. I saw if i had 3x the povverty level in assets they could use that but i sent all that and still no? i dont understand. someone to do . I am disowning my family after this. Please someone give me advise.

[caregiver4ever 0]

plz advice

[rin and john 71]

I am sooo mad. It has been 2 years since we file for adjustment of status and have been calling and calling. We got a letter for proof if income i-485 but I am a foster mother and taxes are not taken out of my pay because its like the state taxing itself. I make more then 50 thousand a year and sent all the proof. I own a house worth over 300 3 cars bank ext. I sent immigration all this proof and deeds and bank statements, letters from my jobs(agencys) stating how much I make. They send me 2 times asking for proof saying I dont meet the income lines?????Come to find out they dont consider the money I make as income. I dont know why. Any way now they are saying I need a co-sponser. My husband has been here almost 3 years now. I cannot believe this. I have asked some of my family and they are like oh i cant do that that means im responsible financially for 5 years. I am ready to screeeeaaaaam!!!!! I can not believe this. After a year from the last time I sent in proof they send me a letter saying I have a month to get a sponser. I dont know what to do. I saw if i had 3x the povverty level in assets they could use that but i sent all that and still no? i dont understand. someone to do . I am disowning my family after this. Please someone give me advise.

I am only guessing, but they probably do not consider the money provided to you for care of foster children as income as it is used for the care of the children (same thing for child support given to an ex-spouse - it's not income; alimony is). Maybe USCIS sees it as you are not being "paid" to take care of foster children; you are compensated for providing them with food, clothing, shelter, etc., in other words that money cannot be considered to be available to take care of your spouse.

[dolphin1 5]

sorry for ur situation, my wife doesnt work so we needed a sponsor , thanks god my father in law sponsord me. Tell your family that if someone sponsors that doesnt me they will have to pay anything, and that your husband is not going to do any fraud thing to get money. I know it is hard to make someone be the sponsor especialy if they dont trust your husband, i am blessed that my in laws love and trust me. i really hope you will have a solution, the important is that you and your husband are together.

[KimandRuss 0]

I am only guessing, but they probably do not consider the money provided to you for care of foster children as income as it is used for the care of the children (same thing for child support given to an ex-spouse - it's not income; alimony is). Maybe USCIS sees it as you are not being "paid" to take care of foster children; you are compensated for providing them with food, clothing, shelter, etc., in other words that money cannot be considered to be available to take care of your spouse.

That is incorrect. Child support is considered income.

OP: sorry to hear your situation. I have no words of wisdom but I hope someone else will chime in with some advice.

good luck

[caregiver4ever 0]

well they are not children they are mentally retarded adults and I get paid some for their care some for room and board.

[Ism&Wisn 0]

Sorry to hear that.

Have you ever tried talking to a friend.

I don't know if things have changed but I learned that anybody with a good income can sponsor someone.

Ask around, and try to talk to your folks again. Assure them that you and your husband will be taking care of yourselves not them.

Wish you the best.

Ism

[pushbrk 12,898]

I am sooo mad. It has been 2 years since we file for adjustment of status and have been calling and calling. We got a letter for proof if income i-485 but I am a foster mother and taxes are not taken out of my pay because its like the state taxing itself. I make more then 50 thousand a year and sent all the proof. I own a house worth over 300 3 cars bank ext. I sent immigration all this proof and deeds and bank statements, letters from my jobs(agencys) stating how much I make. They send me 2 times asking for proof saying I dont meet the income lines?????Come to find out they dont consider the money I make as income. I dont know why. Any way now they are saying I need a co-sponser. My husband has been here almost 3 years now. I cannot believe this. I have asked some of my family and they are like oh i cant do that that means im responsible financially for 5 years. I am ready to screeeeaaaaam!!!!! I can not believe this. After a year from the last time I sent in proof they send me a letter saying I have a month to get a sponser. I dont know what to do. I saw if i had 3x the povverty level in assets they could use that but i sent all that and still no? i dont understand. someone to do . I am disowning my family after this. Please someone give me advise.

It sounds to me like you are self employed and should be filing a federal income tax return. If you had been filing as a small business and paying federal taxes on the profits, perhaps that would have worked. An attorney may be in order but in a way I see their point. They won't use your house as an asset because they know if you sell it, you're income source will be gone. Family and friends would need to be your solution, as I see it.

[rin and john 71]

I am only guessing, but they probably do not consider the money provided to you for care of foster children as income as it is used for the care of the children (same thing for child support given to an ex-spouse - it's not income; alimony is). Maybe USCIS sees it as you are not being "paid" to take care of foster children; you are compensated for providing them with food, clothing, shelter, etc., in other words that money cannot be considered to be available to take care of your spouse.

That is incorrect. Child support is considered income.

OP: sorry to hear your situation. I have no words of wisdom but I hope someone else will chime in with some advice.

good luck

Child support is not taxable income for the recipient. It may be used as income for the purpose of meeting the minimum income requirements for USCIS.

Regarding the OP's situation, I agree with Pushbrk, it appears as if the OP is self employed and should have filed tax returns (or perhaps it would be considered a small business). A consultation with an attorney knowledgable in tax law would be appropriate.

[Sha and Scott 0]

I know someone who does the same work as you do... the term I can use to this is "call-in employment"... that's just my term, I don't know the exact term for it. But anyway, this person I know cares for adults, not mentally retarted, but adult who can't take care of themselves because of old age. She would sometimes stay in the house for days in a particular week and then she would have another employer which she would just work for a day or two. She gets her income from more than one employer. And yes, you need to file income tax for USCIS to consider your income. You mentioned agencies, you can asked W2's from these agencies and then file your federal ITR.

[caregiver4ever 0]

I know someone who does the same work as you do... the term I can use to this is "call-in employment"... that's just my term, I don't know the exact term for it. But anyway, this person I know cares for adults, not mentally retarted, but adult who can't take care of themselves because of old age. She would sometimes stay in the house for days in a particular week and then she would have another employer which she would just work for a day or two. She gets her income from more than one employer. And yes, you need to file income tax for USCIS to consider your income. You mentioned agencies, you can asked W2's from these agencies and then file your federal ITR.

[caregiver4ever 0]

I know someone who does the same work as you do... the term I can use to this is "call-in employment"... that's just my term, I don't know the exact term for it. But anyway, this person I know cares for adults, not mentally retarted, but adult who can't take care of themselves because of old age. She would sometimes stay in the house for days in a particular week and then she would have another employer which she would just work for a day or two. She gets her income from more than one employer. And yes, you need to file income tax for USCIS to consider your income. You mentioned agencies, you can asked W2's from these agencies and then file your federal ITR.

There are no taxes filed with this type of work. I dont get any tax forms this is tax exempt work. The money I get comes out of their social security and department of mental retardation. There are tax codes in Mass. I sent them to show this is tax exempt income. The problem I think is it is not considered income( I dont know why but when I first started working for these agencys they told me I cannot consider this income. I see why now but dont understand it. All I hear is that the state or government which ever doesn not tax itself. This is not considered a self business. Its like I guess they dont tax disability or welfare. When people get welfare its tax free money. I guess kind of the same but its me who is doing the work. Whats hard is that in the end I dont have social security because none was taken out. Anyway I have been doing this for so many years now and have made it my life. I guess I should get a job where they take out taxes but i figured in the future i have my house as asset and my husbands income. Thanks for trying to help.

[rin and john 71]

They don't consider it income per the IRS rules shown here:

http://www.irs.gov/publications/p17/ch12.h...ublink100033142

"Foster care providers. Payments you receive from a state, political subdivision, or a qualified foster care placement agency for providing care to qualified foster individuals in your home generally are not included in your income. However, you must include in your income payments received for the care of more than 5 individuals age 19 or older and certain difficulty-of-care payments.

A qualified foster individual is a person who:

Is living in a foster family home, and

Was placed there by

An agency of a state or one of its political subdivisions, or

A qualified foster care placement agency.

Difficulty-of-care payments. These are additional payments that are designated by the payer as compensation for providing the additional care that is required for physically, mentally, or emotionally handicapped qualified foster individuals. A state must determine that the additional compensation is needed, and the care for which the payments are made must be provided in your home.

You must include in your income difficulty-of-care payments received for more than:

10 qualified foster individuals under age 19, or

5 qualified foster individuals age 19 or older. "

For more than 5 individuals in your care, it would be considered income by the IRS (not sure if it is all considered income at that point or just the amount paid for the 6+ individuals).

Maybe you already have done this, but I would provide USCIS with the IRS information along with the proof of payments you already have to show that it is money you receive but do not report on your federal income taxes. If you have a contract with the agency, provide it as well. If that doesn't work, I would contact your congressman, an attorney, and the USCIS ombudsman for help.

http://www.dhs.gov/xabout/structure/editorial_0482.shtm

Best of luck!

John

Edited July 22, 2008 by rin and john

[caregiver4ever 0]

Thanks for the info. I have 4 living here. If I had 5 or more it would be considered a group home and the rules and conditions of my home would be dramatically changed. (sprinklers,staff) So I guess I dont qualify for income. So I guess in a way Im poor haha. Maybe I should get back at them and apply for food stamps and welfare, what the hell everbody else does, jk. If I did that we would see how fast my income was counted huh? Ya know Ill find somebody even if I have to pay them lol. oh ya im poverty. I really am grateful though because he made it past immigration in Morocco. The guy didnt even look at all our proof. I dotted my I's and crossed my t's on the paperwork so to my knowledge it was PERFECT. I guess if they really looked at it and knew laws about this my husband wouldnt have made it out of Morocco. Well its been 21/2 years now we have been married. I dont know what would happen if I didnt find a sponser by next month. I dont think now they can deport him what my real worry is I will have to start the paperwork all over again now we are talking thousands again If he is denied and we cant get a sponser (vise versa) does anyone know what will happen?

[caregiver4ever 0]

just want to get to top of forum