Please advice a best way to explain this

[crystalchen 0]

Hi dear all:

Here is the situation: My husband and his mom has a restaurant. His earning is not enough so we included his mom to be the sponsor.

We provided her banking statement with enough money to support us.

Got RFE several days ago asking for my husband's 08's tax documentation (Although I already provided 3 yrs record) and his mother's employment letter.

I guess they are just asking for some evidence but not suspecting if we need more money to support?

Here is what I am gonna write a letter about (Sorry my English is not good so... any advice is really appreciated!) :

1. Attached is the husband’s 2008’s tax information

2. Attached is the evidence about sponsor owns the business (with last year's business application form and the final approval form because they changed the location of the restaurant) .

3. What his mom will say: I have been owning the busines for 12 years and this is our current restaurant starting from May 2008. Since I am self-employed, the salary depends on the business. Before the declining of the economy, we had been having very good business so I am able to save enough money to sponsor my son and my daughter in law (banking statement was attached with the original package). With this restaurant, I still have a 10-year lease so I am able to continue supporting them. At the same time, my daughter in-law (which is me) also got a position in XX Hospital which belongs to University of XX to work as a nurse starting on Aug 3rd. Her employment letter is also attached with this package. We believe our financial situation is in very good shape to support my son and my daughter-in-law.

Do you think this is sufficient? (his mother's 08's earning is very small because of the economy, but 07 and 06 are very good and those docs were already provided with the original package.

Please help me to take a look and I will send out tomorrow!

Thank you everyone very much!

Su [/font]

[motu 6]

You should explain in explicit detail - about the restaurant business - using $$$ not words like good income - also try to lay out the assets of the business in dollars - again - be specific, use dollars and give more details - like a balance sheet and income statement - use that type of format to give financial information. Intiende? Good Luck

Edited June 11, 2009 by motu

[Bobby+Umit 161]

Does your Mother in laws income meet the poverty amount needed? (alone)

Make sure you either send all tax information related to the 2008 tax form (all schedules, w-2, 1099's) or better yet, proved an IRS sent tax transcript.

Also, are you sure they were not asking for your Mothers(IL) tax info? Did you send that in addition to the bank statements (I take it for savings?)

All though they look at 5 years of support (their guidelines), they require that your current income meets the poverty level needed, that may be why they want more info.

Go here for more information:

864 FAQ

Edited June 11, 2009 by Bobby_Umit

[crystalchen 0]

The banking statement was CDs. Her income last year did not meet the requirement because the business didn't go very well. But for the previous years she met the requirement (I sent all three years tax info both hers and my husband's) and they didnt ask for hers tax. just the employment letter. Do you think I should attach the banking statement again? the amount of the CDs meet the requirement to support for 3 years.

Thank you so much for your reply!

Does your Mother in laws income meet the poverty amount needed? (alone)

Make sure you either send all tax information related to the 2008 tax form (all schedules, w-2, 1099's) or better yet, proved an IRS sent tax transcript.

Also, are you sure they were not asking for your Mothers(IL) tax info? Did you send that in addition to the bank statements (I take it for savings?)

All though they look at 5 years of support (their guidelines), they require that your current income meets the poverty level needed, that may be why they want more info.

Go here for more information:

864 FAQ

[crystalchen 0]

thanks! I think I will attach the CDs and her income to do the math again on the letter.

THank you so much for your relpy!

Su

You should explain in explicit detail - about the restaurant business - using $$$ not words like good income - also try to lay out the assets of the business in dollars - again - be specific, use dollars and give more details - like a balance sheet and income statement - use that type of format to give financial information. Intiende? Good Luck

[JanaknJanet 0]

For your motherinlaw's business.. they will be looking at the business taxes.. for her.. They will not be looking at the full income but the income that is the ADJUSTED income after business expenses.

Many business show they have income.. but when you deduct expenses there is little left.

You may need to attach the co-sponsors tax information that is including Schedule C

here is something I posted long ago pertaining to Self Employee income and information needed..

http://www.visajourney.com/forums/index.ph...ic=9657&hl=

ok ok .. for example sake..

I too am self employed..

being self employed I understand about the frustrations of this.

number wise..

ok I have one dependant daughter.. so for me daughter and fiancee. would = 3

because I am thinking of long term AOS I wish to use the 100% number. not the 125% = $20773

I know it confuses some but why should i run into problems then. . and sail tru K-1 with 125%

ok.. Schedule C. = gross income 31820

business expenses 11047

NET PROFIT 20773

LINE 12 Businesss Income 20773

Line 22 Total Income 20773

Line 37 Adjusted gross Income 19305 which is total income - one half self-employment income

For K-1 and AOS they look at TOTAL INCOME... not adjusted.. it is used as line 22 from 1040

I am normally able to use much more deductions on my taxes for business expenses... usually lowering my income dramatically to less than 10K. but with being in the process of sponsering.. I have to make sure i have enought shown.

Someone pointed out to me... even if you have to "pay" some taxes.. he can still be sponsered by you.. plus.. You will be doing this hopefully within 3 years.. therefore.. after.. AOS.. .. worse case scinario and you wished to get your money you paid in taxes... file a amended return.. you have 3 years to do so ..

then you can refile.. with the business deductions.. .. ..

Personally I wont do so ... I feel.. not only will this show i made enough to sponser him.. but.. hey .. it increases my income I made for social security.. .. they go on how much you made for your retirement amount... and if i always make it so i claim as little as possible. in order to pay less or none in taxes.. then. when it comes time for me to retire and get social security.. All the years of my hard work.. will give me little to nothing as a social security benefit .... catch 22?

Just remember.. for self employed.. assess what is on the schedule C for you deductions.. limit what you have after all it is to our benefit to claim or not to claim a deduction..

Good Luck.. .

"The income they count is the amount on Line 12 of your 1040. They will not count your gross receipts before your self-employment taxes and business deductions are taken out... "

self employment taxes.. are listed on Line 58 as other taxes.. and YES YOUR INCOME IS COUNTED BEFORE THAT... .. Income is only counted AFTER BUSINESS DEDUCTIONS ... not including your SE TAX..

AGI is with the deduction of 1/2 SE tax.. but we dont use AGI.. we use line 22 TOTAL INCOME..

Hope this helps

[Anh map 2,098]

As stated above your mother in law needs to submit detailed tax information showing her income, not just a bank statement. Her entire 2008 tax return with all schedules and pages must be included with her I-864 form. Your husband will also complete a separate I-864 with his information.

From the I-864 Instructions: If you checked box 22 B (self-employed), you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss) or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any,that you filed with your Federal tax return.

If you live in the same house with your mother in law then her income can be considered in addition to your husband's and she would complete the I-864a. If not, then her income will have to stand on it's own.

Your future employment letter is not enough. Job offers can be recinded. They are looking for current, verifiable income. Once you are actually working and have a paystub or two then your income can be included along with your husband's to meet the requirement.

The letter referencing the economy hurting the business does not help your argument. I would not include that in a submission.

Your mother in law is not sponsoring your husband, only you. No need to mention supporting the both of you.

Edited June 11, 2009 by Anh map

[crystalchen 0]

Thank you SO MUCH for your help!! I already submitted all of hers and my husband's 3 yrs tax info to USCIS. I wont include my employment letter then.. you are right!. Also about the economy hurt.... I got it! Thank you very very much, really appreciate it!

As stated above your mother in law needs to submit detailed tax information showing her income, not just a bank statement. Her entire 2008 tax return with all schedules and pages must be included with her I-864 form. Your husband will also complete a separate I-864 with his information.

From the I-864 Instructions: If you checked box 22 B (self-employed), you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss) or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any,that you filed with your Federal tax return.

If you live in the same house with your mother in law then her income can be considered in addition to your husband's and she would complete the I-864a. If not, then her income will have to stand on it's own.

Your future employment letter is not enough. Job offers can be recinded. They are looking for current, verifiable income. Once you are actually working and have a paystub or two then your income can be included along with your husband's to meet the requirement.

The letter referencing the economy hurting the business does not help your argument. I would not include that in a submission.

Your mother in law is not sponsoring your husband, only you. No need to mention supporting the both of you.