I-864: co-sponsor self-employment and incorporation.

[junkupshoopwhat 0]

My uncle wants to try and co-sponsor my husband for his AOS.

100% of his income is under his corporation. He is self employed and "had to incorporate to reduce [his] tax burdens (self-employment tax, etc.). [His] income is run through [his] corporation only."

Would he still be able to be a "good" co-sponsor? What additional forms should we include?

I know it says that corporations cannot be sponsors but I'm not exactly sure what that means legally in our case.

Edited September 10, 2009 by junkupshoopwhat

[Anh map 2,098]

If the income on line 22 of the uncle's personal form 1040 is sufficient, that is what matters.

[Gary and Alla 3,694]

My uncle wants to try and co-sponsor my husband for his AOS.

100% of his income is under his corporation. He is self employed and "had to incorporate to reduce [his] tax burdens (self-employment tax, etc.). [His] income is run through [his] corporation only."

Would he still be able to be a "good" co-sponsor? What additional forms should we include?

I know it says that corporations cannot be sponsors but I'm not exactly sure what that means legally in our case.

I won't question his motives. Be that as it may, if he has incorporated he is not self employed. He is employed as an employee by a corporation he owns. He should be getting a w-2 like any other employee. The bottom line is, what does his 1040 line 22 say? If it is enough to support his family size PLS your fiancee, he is good to go. Even if he only takes part of his income as salary and the rest as bonuses or capital gains, it will still show up on line 22. Many people with their own, incorporated, business pay themselves a small salary (minimum wage even) and claim the rest as capital gains which are free of SS and medicare tax (Multi-millionaire John Edwards, who cares deeply about you and I and all the little people does exactly this to minimize his needing to PAY for all the people he cares so much about and keep more money for his mistresses...just sayin') At any rate, captial gains and bonuses eventually find themselves on line 22 as part of total income. So...zoom in on that number and see where he stands.