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Fridaythe22nd

I-864 - Income combined with S Corp asset

By Fridaythe22nd in Adjustment of Status from Work, Student, & Tourist Visas

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Fridaythe22nd Apprentice

Fridaythe22nd   0

Posted
Filed: AOS (pnd) Country: Thailand
 Timeline
Posted

Hi, here is my scenario

Me: US citizen, in states now.

Wife: Thai citizen, in states now on tourist visa, applying for Adjustment of Status.

Our Son: US citizen, in states now.

My income alone in just a bit short of the required amount for sponsoring my wife and dependent son however I do have a 50% share in a business. It is an S Corp.... I'm wondering where I can find a list of required documents to show the value of this asset as well as how the value of this asset can be combined with my income to qualify as a sole sponsor. Thanks for any advice!

U.S. Citizen

2001 Met wife overseas

2003 Had child overseas ( now U.S. citizen )

2006 Married overseas

2007 Wife obtained tourist visa to U.S.

2007 Visited U.S. for 6 months then returned overseas.

04/24/12 - Visited U.S.

05/31/12 - Filed I-130

06/07/12 - NOA for I-130 received.

07/13/12 - Filed I-485 / I-765

07/19/12 - NOA for I-485 received

07/19/12 - NOA for I-765 received

08/02/12 - NOA Biometrics letter received, biometrics scheduled for 8/30/12

08/06/12 - NOA I-130 Petition Approved ( but says not eligible for adjustment of status ?? )

Nikkiss08 Apprentice

Nikkiss08   1

Posted
Filed: Country: Canada
 Timeline
Posted

I'd imagine that you will need a business appraisal, or at the very least, an auditor's report from the S-Corp's CPA, together with proof of 50% ownership.

Married June 28, 2008

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AOS from P1

Day 0 (6/19/2012) Package Mailed via USPS

Day 2 (6/21/2012) Package Delivered

Day 8 (6/27/2012) Text/Email Notification that all Petitions Received

Day 8 (6/27/2012) Checks Cashed

Day 13 (7/02/2012) NOAs Received - Dated July 26, 2012

Day 18 (7/07/2012) Biometrics Appointment Ltr Recv'd (Dated 6/29/12)

Day 27 (7/16/2012) Biometrics Appointment

Day 41 (7/30/2012) Text/Email Notification of Interview

Day 69 (8/27/2012) Text/Email Notification of EAD and AP Approval

Day 72 (8/30/2012) Interview Date

Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

A closely held business may not be accepted as an asset for the I-864 because it's unlikely that the asset could be sold without causing considerable hardship or financial loss to the other business owner(s). (page 8 of the I-864 instructions)

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Fridaythe22nd Apprentice

Fridaythe22nd   0

Posted
Filed: AOS (pnd) Country: Thailand
 Timeline
  • Author
Posted

Thanks very much for the advice!

U.S. Citizen

2001 Met wife overseas

2003 Had child overseas ( now U.S. citizen )

2006 Married overseas

2007 Wife obtained tourist visa to U.S.

2007 Visited U.S. for 6 months then returned overseas.

04/24/12 - Visited U.S.

05/31/12 - Filed I-130

06/07/12 - NOA for I-130 received.

07/13/12 - Filed I-485 / I-765

07/19/12 - NOA for I-485 received

07/19/12 - NOA for I-765 received

08/02/12 - NOA Biometrics letter received, biometrics scheduled for 8/30/12

08/06/12 - NOA I-130 Petition Approved ( but says not eligible for adjustment of status ?? )

 
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