proof of income for self employed

[Abell 11]

Hi everyone,

I'm in process of preparing for I-129f and have a question about affidavit of support,

I am self employed but I am incorporated so I work in my own company, it seems to me that letter of employment doesn't make a lot of sense in this situation, and I also don't have any pay stubs as well, I do have w-2 but on that form I make less then 125% limit, but my total income on my 1099 (including dividends) is actually well over that limit, so if using tax forms along it should be fine but I don't know what to do if they ask for any proof of employment

[Neonred 3,664]

Use your tax transcripts as they will show your total income. You can also write an employment letter yourself.

[Mike & Mila 5]

Hi everyone,

I'm in process of preparing for I-129f and have a question about affidavit of support,

I am self employed but I am incorporated so I work in my own company, it seems to me that letter of employment doesn't make a lot of sense in this situation, and I also don't have any pay stubs as well, I do have w-2 but on that form I make less then 125% limit, but my total income on my 1099 (including dividends) is actually well over that limit, so if using tax forms along it should be fine but I don't know what to do if they ask for any proof of employment

Hi I am in the same situation. My plan is to use three (3) years of tax transscripts, a letter from my Accountant that verifies numerous documents and provides explanation of my business etc. ( I could e-mail a copy of that letter to you if U want), I plan to use letter/statement from my bank, Vanguard mutual funds, life insurance, info as to one (1) property which would be copy of deed, mortgage statement and opinion of value from realtor. Ask accountant about W-2 if it's below--maybe omit that if your tax transcript shows enough on Adjusted Grosss Income. Good luck--let me know about your interview. Mike mmain999@aol.com

[Anh map 2,098]

Line 22 of your most recent tax return is the income that is used for a self employed person.

To use assets such a real property a recent valuation from a licensed appraiser is required.

[Mogambi 96]

They may well ask you for 3 years of tax transcripts instead of just last years, as you are self-employed. I'm in the same boat, I had no W2s, just my tax transcripts, but I earn way over the poverty limit. I did have an employment letter from the company I do most of my work for, but it didn't list salary or anything, as my salary varies depending on what project I'm working on.

Anyway, just be prepared with as much as you have. No real point in writing yourself an employment letter. Just as long as you can show that you do, and will, earn in total above the poverty amount. Just be prepared to explain to them so they understand the structure of your corp.

[Sophinette 1]

Hi,

Regarding self employed or director, y can choose one of the three entity to provide this letter:

- yr lawyer who has been knowing you and deal with yr business stipulating how long they have be dealing with y( date), yr title and name of company and how much y earn a yearsplus tax return or last three bk statement depending of country.

- yr accountant stipulating how long he has been dealing with y etc etc plus last three bank statement and tax return depending on country whre yre from or work

- yr bank manager who has know y for more than 2 years or who has deal with yr business acc plus extra papers.

Each document needs to be dated and stamp or sign( the letter of the banker needs to sign and stamp by the bank).

Hope it helps.

Tax return is not three mth sorry is the last two years but bring more docs if y can...but this letter can be replace by one of this with my experience with dealing embassy.

[Abell 11]

Hi I am in the same situation. My plan is to use three (3) years of tax transscripts, a letter from my Accountant that verifies numerous documents and provides explanation of my business etc. ( I could e-mail a copy of that letter to you if U want), I plan to use letter/statement from my bank, Vanguard mutual funds, life insurance, info as to one (1) property which would be copy of deed, mortgage statement and opinion of value from realtor. Ask accountant about W-2 if it's below--maybe omit that if your tax transcript shows enough on Adjusted Grosss Income. Good luck--let me know about your interview. Mike mmain999@aol.com

They may well ask you for 3 years of tax transcripts instead of just last years, as you are self-employed. I'm in the same boat, I had no W2s, just my tax transcripts, but I earn way over the poverty limit. I did have an employment letter from the company I do most of my work for, but it didn't list salary or anything, as my salary varies depending on what project I'm working on.

Anyway, just be prepared with as much as you have. No real point in writing yourself an employment letter. Just as long as you can show that you do, and will, earn in total above the poverty amount. Just be prepared to explain to them so they understand the structure of your corp.

did you guys already filed you papers?

I guess I'm gonna check with my accountant and see what he thinks about giving me some letter like that

I also found this doc

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/affsuppafm062706.pdf

looks like what they use for checking the affidavit, don't know if this is up to date but here is what interesting:

If a sponsor submits a transcript rather than a photocopy of the tax return, it is not necessary for the sponsor to include copies of any Forms W-2 or 1099.

(2) Job Letters and Proof of Income. Pay stub(s) showing income for the most recent 6 months and letters from all current employers are no longer required as initial evidence. The applicant, however, may submit either or both of these items (1) in response to a request for additional evidence (RFE), or (2) with a Form I-864 if the applicant believes doing so would help establish that the sponsor meets the governing income/assets threshold. If submitted, letters from current employers should show dates of employment, the nature of the job, wages or salary earned, number of hours/weeks worked, and prospects for future employment and advancement. It should be sufficient for the employer to say that the employment is of indefinite duration or words of similar effect. Promises of future employment are not required.

(E) Other Evidence of Income. For purposes of demonstrating means to maintain income, the total income, before deductions, in the sponsor’s tax return for the most recent taxable year will be generally determinative. There is no requirement to determine whether the sponsor would have met 125% (or 100%) of the governing Poverty Guideline before the most recent tax year. Income tax information from these years should only be used to take the earning trend into consideration when assessing current and future earning capability.

USCIS, however, may consider other evidence of income (e.g., pay stub(s), employer letter(s), or both), if (1) the sponsor establishes that he/she was not legally obligated to file a Federal income tax return for the most recent tax year, or (2) USCIS determines that the income listed on the Federal tax return for the sponsor’s most recent tax year does not meet the governing threshold.

In other words, if the sponsor’s current income is sufficient, it can establish that the Form I-864 itself is sufficient even if the tax return without any other documentation might warrant a finding that it is not sufficient. For example, if the sponsor recently started a new job (that USCIS is satisfied will likely continue) and the income from the job now meets or exceeds the legal requirement, USCIS may find the Affidavit of Support to be sufficient, notwithstanding information included in the transcript or copy of the tax return(s).

By contrast, 8 CFR 213a.2©(2)(ii)© permits USCIS to conclude that a Form I-864 is not sufficient, even if the sponsor’s household income meets the Poverty Guideline threshold. USCIS should make this conclusion only if the evidence of record makes it “reasonable to infer that the sponsor will not be able to maintain his or her household income at a level sufficient to meet his or her support obligation.” For example, if the sponsor’s income is from a job that is merely temporary or seasonal, USCIS might reasonably conclude that the income is likely not to continue, and could also conclude that the Affidavit of Support, for that reason, is not sufficient.

If the household income meets the Poverty Guidelines threshold, however, USCIS will generally conclude that the Form I-864 is sufficient. There must be some specific reason, supported by evidence in the record, to conclude that the Form I-864 is not sufficient.

so it looks to me that if the transcript/tax return shows that you total income is higher then the poverty limit they don't care that much about anything else and they need other proof in case of low income

[Abell 11]

I also got confused with the forms I though they need I-864 but they actually ask for I-134, and on i864 other assets are optional in case you total income is ok but on i134 I can't figure if it is optional or not, should I fill other info like saving accounts, mortgage, property value?

[KayDeeCee 4,896]

I also got confused with the forms I though they need I-864 but they actually ask for I-134, and on i864 other assets are optional in case you total income is ok but on i134 I can't figure if it is optional or not, should I fill other info like saving accounts, mortgage, property value?

As Anh map already stated, line 22 of your most recent 1040 is the amount they use to determine if someone that is self-employed meets the 125% requirement. Self-employed only need to submit a complete copy of their most recent tax return: all forms, schedules, attachments, 1099s/W-2s, etc. You can show last the 3 years worth if you think it would help determine your ability to keep your fiance(e) from becoming a public charge.

If you meet the 125% requirement with your income, then no need to list assets on the I-134 either. Leave that entire section blank.

[Anh map 2,098]

I also got confused with the forms I though they need I-864 but they actually ask for I-134, and on i864 other assets are optional in case you total income is ok but on i134 I can't figure if it is optional or not, should I fill other info like saving accounts, mortgage, property value?

Assets are not required if the income is sufficient.

The I-134 instructions are a bit thin. Since a K visa leads to the adjustment of status phase where the I-864 is used, it's typical that the CO uses the I-864 criteria when evaluating the I-134.

[I AM NOT THAT GUY 5,715]

I think your tax transcripts will be sufficient. I am self-employed and have a large client base, since I do mostly retail. I just provided three years of returns or transcripts throughout the process. The IO in each instance said, "I have your tax information," and moved on to the next topic.

[Abell 11]

but do I have to state on the form that I am self employed even though officially (on the tax forms) I am employed with my own company or just say employed for the company and just provide tax transcript?

[I AM NOT THAT GUY 5,715]

but do I have to state on the form that I am self employed even though officially (on the tax forms) I am employed with my own company or just say employed for the company and just provide tax transcript?

If the corporation is a separate entity, then you work for the corporation. I am a sole proprietorship, so that is the best answer I can give. Your tax returns/transcripts will show the relationship between you and your company.

ETA: You could have an accountant write a summary of your relationship with the company, and what your annual earning are, in terms of salary draws and any other funds you draw from the company, such as dividends. You have to be able to show income of at least 125% of the poverty level for your family size including your spouse.

I have known several self-employed folks that couldn't meet the income threshold, because they didn't report enough income to the IRS.

Edited July 16, 2012 by ☼

[Abell 11]

If the corporation is a separate entity, then you work for the corporation. I am a sole proprietorship, so that is the best answer I can give. Your tax returns/transcripts will show the relationship between you and your company.

ETA: You could have an accountant write a summary of your relationship with the company, and what your annual earning are, in terms of salary draws and any other funds you draw from the company, such as dividends. You have to be able to show income of at least 125% of the poverty level for your family size including your spouse.

I have known several self-employed folks that couldn't meet the income threshold, because they didn't report enough income to the IRS.

that is exactly my situation (s-corp) just trying to figure what to give to my fiancee so she wouldn't have to give a lot of explanation why there is no letter from employer and no pay stubs

[JimVaPhuong 4,863]

that is exactly my situation (s-corp) just trying to figure what to give to my fiancee so she wouldn't have to give a lot of explanation why there is no letter from employer and no pay stubs

Look at your line 22 total income on your 1040. If that's above 125% of the poverty guidelines for your household size then you should be fine. If it's not then there's not much you can explain to the CO. Most self-employed people file a schedule C and deduct business expenses, which reduces their line 22 total income. The IRS figures that line 22 is what you've got left after your business expenses to live on and pay taxes. The consular officer is going to figure the same thing.

Ignore the I-134 form instructions. They were written by INS a long time ago, and you're not submitting the form to INS, or their modern counterpart USCIS. You're submitting it to Department of State. They usually describe what evidence they want in the packet 3 instructions. That's what you should provide, as a minimum.

Also, the guidance you found on the USCIS website is from the Adjudicators Field Manual. The consular officer doesn't follow the guidance in the AFM. They follow the guidance in the Foreign Affairs Manual. Chapter 9, section 40.41 of the FAM covers the public charge determination, including the I-134 form.

http://www.state.gov/m/a/dir/regs/fam/09fam/index.htm

There are three PDF's connected to section 40.41. The first is a re-hash of the law. Pay special attention to the second PDF titled "Notes". That's where you'll find information about the I-134.