Should we find a co-sponsor?

[sophielas 2]

Hello,

We have submitted our I-130 and now I am trying to figure out what we need to prepare for NVC. I am confused about the financial sponsorship, and I hope VJers may have some advice for us!

Our situation is that my husband (the USC) is currently living with me in New Zealand. He arrived on a temp visitor visa, then changed to a temp work visa. He is working freelance, works on the internet and has continued to work for various US clients while being here. He has filed all his US tax returns over previous years meeting the income requirement for sponsorship BUT now he is just working job to job, for various clients, on various small contracts which are generally only a month or two of work at a time. At the time that we hope to return to the US (hopefully later this year), he may or may not have a long term contract going/lined up, and most likely no 'permanent' job offer. Is that going to be a problem for him showing sponsorship of me? What is the situation for freelancers/self-employed? There is not going to be an issue with him finding work, but I am afraid there might be an issue with that being acceptable enough for this sponsorship requirement.

I also have a brother in US who is happy to be a co-sponsor if required, so I am wondering whether I should pre-emptively take him up on that offer... I don't want that extra hassle if isn't not required, but what do you think?

Also, sidenote, domicile in NZ... The USC is here in NZ on temp visas, clearly continuing to work for US clients while over here, keeping bank accounts in the US, all his stuff is in storage in the US, we are hoping this is enough to prove that he is actually only here temporarily and we won't have to prove the 'intent to re-establish domicile'. ...does that sound ok?

Thanks for the advice!

[N-o-l-a 7,167]

If you put that he is living in New Zealand with you, be prepared to show that he is only there temporarily and has maintained domicile in America.

If it were me, I'd go for the co-sponsor. Perhaps you can research it more on the forum, but you'll need to prove his steady income that is at 125% or above of the poverty level and will definitely continue upon his return to America. How one does that with self-employment is best left to others to describe, I think.

[Villanelle 4,122]

When you say 'he meets the requirements' what exactly do you mean? Does he just meet the requirements or does he exceed the requirements? Theres a difference. Does his last 3 tax returns just squeak by or does he easily surpass the requirements?

To meet the requirements of the 864 the USC must show they have STABLE US based earnings. Since he is self-employed he is going to have to write his own letter of employment. In it he is going to have to describe his business. (freelance, works on the internet for various US clients doing whatever) Do NOT say- "now he is just working job to job, for various clients, on various small contracts which are generally only a month or two of work at a time." Do NOT say "he may or may not have a long term contract going/lined up, and most likely no 'permanent' job offer" DO say "There is not going to be an issue with him finding work,"

So if you can show he has stable earnings, because his tax returns are consistently above the guidelines and his letter is strongly written- then he will qualify.

I also have a brother in US who is happy to be a co-sponsor if required, so I am wondering whether I should pre-emptively take him up on that offer... I don't want that extra hassle if isn't not required, but what do you think?

If your 864 does not qualify they will RFE you and tell you, so you could submit you co-sponsor at that point.

[sophielas 2]

If you put that he is living in New Zealand with you, be prepared to show that he is only there temporarily and has maintained domicile in America.

If it were me, I'd go for the co-sponsor. Perhaps you can research it more on the forum, but you'll need to prove his steady income that is at 125% or above of the poverty level and will definitely continue upon his return to America. How one does that with self-employment is best left to others to describe, I think.

Hi Nola, thanks for your reply. I am slightly worried about showing he is here temporarily. He has maintained a domicile in the US in so much as his possessions, clients, bank accounts, forwarding address remain there. But he has been signed on to a lease in NZ here with me while we wait out this process. So I am not sure yet how to tackle that aspect. He certainly is not here indefinitely. His visa has an expiry date on it.

Thanks for your thoughts on co-sponsor, I do need to get my head around what the self-employed situation is.

[sophielas 2]

When you say 'he meets the requirements' what exactly do you mean? Does he just meet the requirements or does he exceed the requirements? Theres a difference. Does his last 3 tax returns just squeak by or does he easily surpass the requirements?

To meet the requirements of the 864 the USC must show they have STABLE US based earnings. Since he is self-employed he is going to have to write his own letter of employment. In it he is going to have to describe his business. (freelance, works on the internet for various US clients doing whatever) Do NOT say- "now he is just working job to job, for various clients, on various small contracts which are generally only a month or two of work at a time." Do NOT say "he may or may not have a long term contract going/lined up, and most likely no 'permanent' job offer" DO say "There is not going to be an issue with him finding work,"

So if you can show he has stable earnings, because his tax returns are consistently above the guidelines and his letter is strongly written- then he will qualify.

If your 864 does not qualify they will RFE you and tell you, so you could submit you co-sponsor at that point.

Thank you Capri, this is much appreciated feedback.

To clarify our situation, up until June 2012 my husband was earning a salary at a permanent job in the US. He was working at that job for several years, earning a very good income well in excess of 125% of the poverty level. Since then, he has been working as a freelance contractor for different clients (remotely, so as to be in NZ with me), so the 2012 tax year will be the first tax year he files as self-employed (however the first half of the year he was on salary). The sum of all income for the 2012 year will also be well in excess of 125% of the poverty level.

My concern is proving 'the future' earnings, and I take your point about writing a strongly worded letter, thank you. I suppose I am wondering if solid earnings in the recent past is enough evidence of stable US based earning prospects. While we know he will not have a problem obtaining clients and earning $, I am curious whether they will take our word for it. Particularly given his relatively recent foray into self-employment. If there's any chance of an RFE for that, I'd rather just do co-sponsorship in the first instance... But I don't know if I am being excessive given we don't actually *need* a co-sponsor to meet the $ level. Just proof, if that makes sense...

[Roosha 51]

Get your brother to co-sponsor, it'll be much simpler than gathering all the proof you'll need so that they'll accept him as the sole sponsor. Why wait and see if they'll send an RFE? Cover your bases and get a co-sponsor.

[sophielas 2]

Get your brother to co-sponsor, it'll be much simpler than gathering all the proof you'll need so that they'll accept him as the sole sponsor. Why wait and see if they'll send an RFE? Cover your bases and get a co-sponsor.

Hrmm, thank you for your reply. You may be right, I shall look into how much info we need for him to be a co-sponsor. I guess I was just trying to assess how much of a risk it was to file without one... But from what I have read, the answer appears to be 'how long is a piece of string?'

[Roosha 51]

But from what I have read, the answer appears to be 'how long is a piece of string?'

Welcome to the immigration process!

[sophielas 2]

Welcome to the immigration process!

<Insert something about a head and a brick wall.>

[Villanelle 4,122]

whoa whoa whoa wait a minute. In your initial post you made it seem as if your husband was self employed for the last 3 years. This is new information that he just entered into this new self-employment frontier beginning June of 2012. It makes a difference.

I suggest you refer to the federal guidelines on how they determine if the 864 qualifies for approval

Theyre going to look at your income for the year and your number of dependents. Theyre going to see if your income meets the 125%. Simple enough.

Then it gets tricky...

From the guidelines

"The sponsor's household income for the year in which the intending immigrant filed the application for an immigrant visa or adjustment of status shall be given the greatest evidentiary weight; any tax return and other information relating to the sponsor's financial history will serve as evidence tending to show whether the sponsor is likely to be able to maintain his or her income in the future. If the projected household income for the year in which the intending immigrant filed the application for an immigrant visa or adjustment of status meets the applicable income threshold, the affidavit of support may be held to be insufficient on the basis of the household income but only if, on the basis of specific facts, including a material change in employment or income history of the sponsor, substitute sponsor, joint sponsor or household member, the number of aliens included in Forms I-864 that the sponsor has signed but that have not yet entered into force in accordance with paragraph (e) of this section, or other relevant facts, it is 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 obligations."

The parts that apply to you-

*any tax return and other information relating to the sponsor's financial history will serve as evidence tending to show whether the sponsor is likely to be able to maintain his or her income in the future.

*a material change in employment ... 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 obligations.

The problem youre facing is that the business is less then a year old. You only have a tax return showing apx 6 months of business history, and how ever many profit loss statements you can accrue between now and whenever they review the 864, since its already been submitted so 1 for Jan 2013, 1 for Feb 2013 1 for March 2013 (?) I dont know how many youre going to be able to gather until it becomes time to 'put up or shut up' so to speak.

So while youre in a position of showing a strong financial past, it unfortunately means nothing. Youre going to be judged on your business. When you look at just your business income on the 864- for 2 people the min income is roughly 18k, so for 6 months you would have needed your business income on your taxes to show atleast 9k- forget about the tax return as a whole, does the business income line show at least 9k or more in business income?

If it far surpassed that amount, then GREAT. That along with a strongly worded self employment letter should be proof enough that your business is a reliable source of income and your spouse is able to meet the requirements. (but again its not a slam dunk guarantee as you do not have 12 months of self employment history to submit) If its just over or right in the ballpark, then its going to come down to a judgement call on the part of the person reviewing your 864. Its up to them to determine if your spouse is likely to be able to maintain his income in the future or if the fact that he had had a change in employment constitutes him ineligible as his new job (the business) only has a 6 month tax history and a few current profit loss statements.

As for what is the 'risk' to file w/o a co-sponsor. I dont really think there is a risk (?) You would just be delayed. If you dont meet the requirements they'll RFE you. They dont shred your file and have you start over. They RFE you and tell you, you have the opportunity to then submit a co-sponsor or additional proof of income or assets to make up for it.

So its your choice what you want to do. I dont know your exact numbers. I dont know what your letter would look like, I dont know whose going to review your file. But I can tell you based on the guidelines, you do not have a case with definite approval based on the fact that your husbands current self employment income began apx 7 months ago and is only partially reflected on his last tax return.

[KayDeeCee 4,893]

They do not go by business income for the affidavit of support. They go by personal income, not how much your business made. The 125% income requirement for those that are self-employed is taken from line 22 of your most recent 1040, which is the total income line. It is gross income minus business expenses.

[Villanelle 4,122]

^^ Yes yes. Im assuming that the OPs husbands knows how to properly report his business income. When you file self employment income you use the schedule C, you list your profits, you deduct your expenses and the final figure is your 'income'. It goes on line 22. Its gross income minus business expenses. So every time above when I refer to 'business income' Im referring to that. The gross minus business expenses. NOT the amount before you deduct expenses. (it can make a huge difference in amounts)

Ty for pointing that out Kay.

[sophielas 2]

^^ Yes yes. Im assuming that the OPs husbands knows how to properly report his business income. When you file self employment income you use the schedule C, you list your profits, you deduct your expenses and the final figure is your 'income'. It goes on line 22. Its gross income minus business expenses. So every time above when I refer to 'business income' Im referring to that. The gross minus business expenses. NOT the amount before you deduct expenses. (it can make a huge difference in amounts)

Ty for pointing that out Kay.

Sorry for slow reply. Thank you so much for this Capri, it has helped me from potentially falling into a bit of a hole. We are def going down co-sponsorship route now.