proof of income for self employed

[Abell 11]

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.

thanks for the link, I think this could be interesting to people in similar situation

9 FAM 40.41 N5.5

a. The ―sponsor‖ is the petitioner; anyone else is a joint or co-sponsor. The sponsor(s) must provide the following documentation to satisfactorily complete Form I-864, Affidavit of Support under Section 213A of the Act:

(1) Sponsor's Federal income tax returns for the most recent tax year:

(a) Each sponsor must submit with Form I-864 a photocopy or Internal Revenue Service (IRS)-generated transcript of the most recent income tax return that the sponsor had filed prior to the time of the AOS signing.

(d) If a photocopy of a tax return provided by the sponsor lists income that should have been reflected in a Form W-2, Wage and Tax Statement, or Form IRS-1099-MISC, Miscellaneous Income, but such form was not submitted to post with the tax return and Form I-864, you should consider the record, taken as a whole, and determine whether it establishes that information on the tax return is true and correct. If you conclude that the information is true and correct, it is not necessary to require a copy of the Form W-2 or Form IRS-1099-MISC. Further, in cases where the copy of the tax return is an IRS-generated transcript, it is not necessary to require a copy of the Form W-2 or Form IRS-1099-MISC.

(3) Employment evidence:

(a) Except as provided in 9 FAM 40.41 N5.5 paragraph a(3)© and (d), below, if the information on the Affidavit of Support (AOS) and tax return establish that the sponsor's current income meets or exceeds the poverty guidelines for the year the sponsor submitted Form I-864 in support of the Immigrant Visa (IV) application, either by submitting to NVC directly or to post at the time of application, you must determine that Form I-864 is sufficient without requesting any further evidence.

(b) If the AOS or tax return reflects income below the poverty guidelines for the year Form I-864 was submitted, you should request additional evidence of:

(1) Current employment or self-employment; and

(2) Recent pay statements, a letter from the employer on business letterhead - showing dates of employment, wages paid, and type of work performed - or other financial data.

If the sponsor with income below the poverty guidelines is unemployed or retired, you should request evidence of ongoing income from other means, such as retirement benefits, other household members' income, or other significant assets.

© You should request additional evidence (i.e., employment letter, recent pay statements, or other financial data) only if there is a specific reason (other than the passage of time) to question the veracity of the income stated on Form I-864 or the accompanying document(s).

(d) If you determine either that the tax return and/or additional evidence in the file do not establish that the sponsor meets the poverty guidelines in effect at the time Form I-864 was filed, or that the facts of the case, as supported by evidence in the record, provide a specific reason other than the passage of time for questioning whether the sponsor's income information is accurate or still meets the guidelines, you should request current year income information. In this situation, the sufficiency of Form I-864 is determined based upon the additional evidence as it relates to the applicable poverty guidelines for the current year, rather than the poverty guidelines for the calendar year in which the sponsor signed Form I-864.

c. Assembling the documents is the sponsor's responsibility. If Form I-864, Affidavit of Support under Section 213A of the Act, and supporting documents are incomplete or poorly assembled, the post must refuse the applicant under INA 221(g) and return the entire package to the applicant with a copy of the checklist. However, you should no longer refuse applicants under INA 221(g) just for failing to provide the three most recent federal tax returns.

9 FAM 40.41 N5.7 Defining Income

(CT:VISA-1317; 09-24-2009)

"Income", for the purpose of Form I-864, means the total unadjusted income as shown on the tax return, before deductions. Total unadjusted income includes not only salary (if any) but also monetary gains from any other source, such as rent, interest, dividends, etc.

didn't get that last part about tree recent tax returns though, but didn't seem they are required anyway