Income Questions

[rehtse 1]

Hi VJ members,

My husband became self employed late October 2011 and after deducting all the expenses it totaled to almost $15k, lower than the minimum poverty line with is $18k. But now, he is looking for a much bigger income than last year. Will this be a problem or not? If yes, we are considering to have his mother as our joint sponsor (we are currently living with her), does she needs to fill up another I-864 or we just use I-864A?

[KayDeeCee 4,896]

Hi VJ members,

My husband became self employed late October 2011 and after deducting all the expenses it totaled to almost $15k, lower than the minimum poverty line with is $18k. But now, he is looking for a much bigger income than last year. Will this be a problem or not? If yes, we are considering to have his mother as our joint sponsor (we are currently living with her), does she needs to fill up another I-864 or we just use I-864A?

For the self-employed, they use line 22 of the most recent 1040 to determine income, so whatever is on line 22 of his 2011 1040 form will be it. If it is not enough, then you will need assets to make up the shortcoming or a joint sponsor. Since you live with his mother, you can choose to have her fill out an I-864A to combine her income with your husband's to meet the 125% requirement. If she qualifies on her own for her household size plus you, then she can also choose to fill out her own separate I-864. It will be up to your husband and mother-in-law to decide which route they would like to take.

[Anh map 2,098]

Is there anyone else in the MIL's household (spouse, children, anyone else claimed as a dependent)?

Another solution is for your husband to amend his 2011 tax return and take fewer deductions to get the income over the requirement. There will be tax owed on the difference in income.

[Brian-n-Jinkie 3]

They will take into consideration the gross income of a self-employed person... That's before deductions and such.

[KayDeeCee 4,896]

They will take into consideration the gross income of a self-employed person... That's before deductions and such.

Yes, that is line 22 of the 1040. It is your total income: after business expenses, but before personal deductions.

[rehtse 1]

For the self-employed, they use line 22 of the most recent 1040 to determine income, so whatever is on line 22 of his 2011 1040 form will be it. If it is not enough, then you will need assets to make up the shortcoming or a joint sponsor. Since you live with his mother, you can choose to have her fill out an I-864A to combine her income with your husband's to meet the 125% requirement. If she qualifies on her own for her household size plus you, then she can also choose to fill out her own separate I-864. It will be up to your husband and mother-in-law to decide which route they would like to take.

We decided to use I-864a (combining household income) for my mother's in law.

Is there anyone else in the MIL's household (spouse, children, anyone else claimed as a dependent)?

Another solution is for your husband to amend his 2011 tax return and take fewer deductions to get the income over the requirement. There will be tax owed on the difference in income.

She has no declared dependent. But she and her husband have joint tax return and I'm confused if I need to use the total income or just her income alone for I-864a? I have her 2011 W2 as supporting documents.

Also, do they need to sign the 1040 return together since they file it jointly?

thanks!

[Dave&Judy 3]

They will take into consideration the gross income of a self-employed person... That's before deductions and such.

How it works for the salaried person?

Is it gross salary(before tax) should be above poverty line?

How the household size calculated?

for ex: My two kids from previous marriage visit us occasionally. I have legal joint custody of the kids with my ex-wife and kids live with my ex-wife.

But my present wife will be petitioning for myself and one kid(other was born here).

So, how the household size will be calculated for my wife's income? There is no other from my present wife side.

Thanks !