Affidavit of Support

[maria6 4]

Hello VJ members...I need your opinion about my Fiance's Affidavit of Support. He stated that he is earning $40,000 a year and also stated that he has life insurance. The supporting documents he provided are his tax return in 2010 with total income of only $19,000 because he only worked for part of the year, not for the whole year. This year, he is paid in full and thus provided evidence of pay stubs and checks in the last 3 months. He has two kids who are partly dependent to him (he has joint custody with ex, and only one child is dependent to him in his tax return). My questions are: Do we have to provide his 2009 tax return or the 2010 tax return is enough? Was his income of only $19,000 in 2010 be a problem? Thank you for your help.

[JimVaPhuong 4,863]

His 2010 tax return is a problem, but it won't mean the affidavit of support will be denied for being insufficient if he can convince the consulate that his current income is better. In addition to the paystubs, it would be a good idea if he can get a letter from his employer stating when he was hired, how much his annual wages are, and that his position is full-time and permanent.

Insurance is only an asset if it can be cashed out, which usually means "whole life" rather than "term life" insurance.

[Love Eth 14]

It is a good idea if he can send them three years tax return so that the embassy could have the idea of his income history.

Good luck

[maria6 4]

His 2010 tax return is a problem, but it won't mean the affidavit of support will be denied for being insufficient if he can convince the consulate that his current income is better. In addition to the paystubs, it would be a good idea if he can get a letter from his employer stating when he was hired, how much his annual wages are, and that his position is full-time and permanent.

Insurance is only an asset if it can be cashed out, which usually means "whole life" rather than "term life" insurance.

He owns a C-Corp specialized in software development. He provided a letter that he is the CEO and that he is paying himself. He had this business since 2002. He also provided current and quarterly payments of his company for state employee withholding and sales taxes. He also provided a filing history of his business from 2008 to March 2011 from the department of revenue. I just want to know if these are convincing enough. Thank you.

[JimVaPhuong 4,863]

He owns a C-Corp specialized in software development. He provided a letter that he is the CEO and that he is paying himself. He had this business since 2002. He also provided current and quarterly payments of his company for state employee withholding and sales taxes. He also provided a filing history of his business from 2008 to March 2011 from the department of revenue. I just want to know if these are convincing enough. Thank you.

If it's a "C" corporation then all of the records of his company are not really relevant - he's an employee, in spite of owning the controlling share of stock, because his corporation is taxed separately from his personal income. His business filings will not be considered because his company is not sponsoring you - he is. It would be different if he was self-employed or owned an "S" corporation.

Consulates do not like complicated affidavits of support. They're not accountants, and they're not going to audit his books to see if he's a qualified sponsor. If he can show a consistent record of payments from his company in the form of wages then they'll accept his affidavit. Likewise, if he can show a history of income evidenced by his tax records then they'll accept his affidavit. If they have to analyze financial documents from his company, which is legally a separate entity from himself, then they probably won't accept his affidavit.

Since his 2010 tax return is not sufficient, he should focus on getting the pay records.

[maria6 4]

If it's a "C" corporation then all of the records of his company are not really relevant - he's an employee, in spite of owning the controlling share of stock, because his corporation is taxed separately from his personal income. His business filings will not be considered because his company is not sponsoring you - he is. It would be different if he was self-employed or owned an "S" corporation.

Consulates do not like complicated affidavits of support. They're not accountants, and they're not going to audit his books to see if he's a qualified sponsor. If he can show a consistent record of payments from his company in the form of wages then they'll accept his affidavit. Likewise, if he can show a history of income evidenced by his tax records then they'll accept his affidavit. If they have to analyze financial documents from his company, which is legally a separate entity from himself, then they probably won't accept his affidavit.

Since his 2010 tax return is not sufficient, he should focus on getting the pay records.

Thank you for your advice. I will ask him to provide more evidence.