I-864 question

[yogi35 0]

I am UKC and my husband is USC. I want to just get familiar with the I-864 process. My husband started his own business a few years back and the first couple of years he didn't earn above the poverty line, but this past year he did. He also owns his own house and quite a signficant amount of money in savings and stocks and shares. Will it be a problem when submitting the 3 years tax returns that show 2 years under the poverty line, if we submit the assets as well?

Many Thanks

Yogi35

[TOM&Riz 4]

I am UKC and my husband is USC. I want to just get familiar with the I-864 process. My husband started his own business a few years back and the first couple of years he didn't earn above the poverty line, but this past year he did. He also owns his own house and quite a signficant amount of money in savings and stocks and shares. Will it be a problem when submitting the 3 years tax returns that show 2 years under the poverty line, if we submit the assets as well?

Many Thanks

Yogi35

The USC will only need provide the last years Tax return statements or transcripts, the USCIS looks more toward future earnings rather then past earnings -

(i) Documentation.

(1) Federal Tax Returns. Each sponsor must submit either a transcript or a copy of his or her most recent US. Federal individual income tax return (Form 1040, 1040A or 1040EZ), including all Schedules filed with the IRS. If the sponsor submits a copy of the tax return, he or she must also include copies of any and all IRS Forms W-2 and 1099 that reflect income used to qualify. The second note under paragraph 20.5(e)(2) provides guidance regarding what to do if a W-2 or 1099 is missing. Note, however, that it is not necessary to submit the Forms W-2 or 1099 if a transcript, rather than a copy, of the tax return is submitted. State or foreign income tax returns are not acceptable; if submitted, they must be returned to the intending immigrant.

The sponsor must submit with the Form I-864 the sponsor’s U.S. Federal income tax return for the most recent tax year (that is, the completed tax year immediately preceding the date the sponsor signs the Form I-864). USCIS may generally expect a sponsor, after April 15 of any given year (or April 16 or 17, in a year in which April 15 is on a Saturday or Sunday), to have completed his or her tax return for the previous year. If the sponsor requested an extension, the sponsor should provide proof of filing for the extension. If the sponsor did not file a tax return, the sponsor must prove that he or she was not required to file. If a sponsor should have filed, the sponsor must file retroactively and provide proof of filing. Note that U.S. citizens generally have an obligation to file a tax return on non-U.S. earnings even if there was no tax liability.

EXAMPLE 1: Sponsor signs the Form I-864 on March 1, 2006. The US Federal income tax return for 2005 is not due until April 17, 2006. Therefore, the sponsor must submit his or her 2004 U.S. Federal income tax return.

EXAMPLE 2: Sponsor signs the Form I-864 on May 5, 2006. The sponsor must submit his or her 2005 U.S. Federal income tax return.

EXAMPLE 3: Sponsor signs the Form I-864 on May 5, 2006. However, the sponsor also filed with IRS a Form 4868, obtaining an extension of the 2005 income tax filing deadline. The sponsor must submit his or her 2004 U.S. Federal income tax return.

Source: HQRPM 70/21.1 Adjudicator’s Field Manual (AFM)

[LotofPatience 65]

I am UKC and my husband is USC. I want to just get familiar with the I-864 process. My husband started his own business a few years back and the first couple of years he didn't earn above the poverty line, but this past year he did. He also owns his own house and quite a signficant amount of money in savings and stocks and shares. Will it be a problem when submitting the 3 years tax returns that show 2 years under the poverty line, if we submit the assets as well?

Many Thanks

Yogi35

It shouldn't be a problem, if the sponsor can show all the ASSET documentation properly along with the last 3 years IT returns.

Loto

[yogi35 0]

Thats great. Just one other question. As he's self employed, is he expected to show profit and loss schedules, bank statements showing incomings and outgoings, break down of business expenses. I'm just a bit confused. If for example he earn't 20,000 through his business, would this count as being above the poverty line for just me and him in a house, or would there be tax on top of that etc.

I'm sure from memory reading the form, it just asks for the one tax return and break down of assets, I can't remember it asking for me. I've just been told other things and it's difficult to know what to prepare for. The office websites say just the above, but you can never ben sure.

Sorry, it's just a bit confused and worrying. Thanks you for you patience.

[yogi35 0]

Also, sorry just one other question. Should for some reason his assets and most recent tax return not be sufficiant, he doesn't have anyone else living with him. How do you get a co-sponsor if they aren't living in the same house?

[TOM&Riz 4]

Also, sorry just one other question. Should for some reason his assets and most recent tax return not be sufficient, he doesn't have anyone else living with him. How do you get a co-sponsor if they aren't living in the same house?

The consulate only considers gross income before taxes for the benefit of a valid I-864, they also take into totality the circumstances surrounding and many factors weigh in like age, future potential income and the likelihood of the immigrant becoming a public charge -

the poverty line for two persons in a household is $18,212.00, if he shows receipt of $20.000.00 you are fine, I sent a letter along with bank statements explaining to the consul that although my income was close to the poverty line I have always lived within my means. That sort of statement goes a long way

Anyone family or friend can become a co-sponsor as long as thier income is sufficient for thier family with you included in the household. It is not necessary for them to live with the principal sponsor

Edited July 23, 2010 by Tommy&Riza

[yogi35 0]

Thank you so much for you help and advise. Fingers crossed it will all be ok