Affidavit of Support question

[givingyouwings111 0]

Hello all,

my AOS from Visa Waiver starts today, as my lawyer will be sending out all thr required forms to the Chicago lockbox. I do, however, have a few questions regarding the financial aspect of the AOS. For information purposes our household size is two - me and my husband, we got married in December 2012.

So, the lawyer wanted my husband to present the following documents to compile the paperwork:

- Three most recent tax returns

We gave her those for the years 2009, 2010 and 2011 as 2012 has not been filed yet. My husband's income was 22K, 30K and 24K respectively, so well within the guidelines for a household of two. Whilst the 2012 tax return hasn't been filed yet, his declared income for 2012 on the W2 is 31K. Here comes the part where I get very confused. He quit his 2012 job in fall and started his own company in December. The company is yet to make money as it is brand new. The lawyer is telling us that my husband will need to either come up with paystubs showing he is making enough money to support me plus a letter from the accountant with a projected amount he will earn this year or we have to get a co-sponsor. And she wants to put $0 as total income for 2013 on one of the forms.

I can see a variety of issues. The co-sponsor is not an option. Nobody we know will agree to this as they are convinced they will end in financial ruin because of this. The other option (paystubs and letter from accountant) is a tricky one because of the following reasons:

- the company is brand new. The accountant has only known my husband since December 2012 and therefore cannot accurately estimate or project anything at this point. My husband thinks that he will easily make 60K, but the accountant may and will have an issue signing their name under such an estimate. And how can anyone accurately estimate how much a brand new company will make in it's first few months/first year?

- my husband can get paid via paystubs from the company, but it's his own company. The lawyer thinks it's fine as long as the accountant can write the letter discussed above.

- I think that putting $0 as income for 2013 is a bad idea in general. But the lawyer said if she puts, for example, 20K, then the accountant's letter will need to confirm that this is indeed how much my husband is projected to make.

Other issues include the following. My husband received unemployment payments in 2011, which are stated on his 2011 tax return. The lawyer said he should have an Unemployment Benefits Summary letter for 2011 and immigration will need to see it. My husband has no idea what she is talking about. He didn't receive anything like that and doesn't know what it is. I spent the entire day searching for information on such a letter yesterday but to no avail.

She also said he will need his W2 for 2011 to see where the wages on his 2011 tax return came from. He doesn't have the said W2.

The laywer said that she will file the docs as they are ($0 income for 2013, no W2 for 2011 and no Unemployment Benefits Summary for 2011) but advised me that we will definitely get an RFE with a request for all this information. I do not mind the wait and the RFE as long as it's not detrimental to my application.

If anyone can help me (even if it's a little perspective) please do so. I would really appreciate it.

[blankmedia 41]

This probably isn't what you want to hear but your husband currently isn't making any money, so a letter from an accountant isn't going to change that. Unfortunately you are going to need a co-sponsor, there really aren't many options as he isn't making money and they will want to see pay stubs to show that his is currently employed. Paying himself from a new business that he started this year won't mean much to them, with or without the accountant letter. No-one knows how much he is going to make this or next year, including yourself or your husband.

He might be able to use assets instead of income if he has enough.

You can also attempt whatever your lawyer is trying to do, it might work but it's a pretty big gamble in my opinion.

[givingyouwings111 0]

Thanks very much for that. My lawyer insists that the co-sponsor must be a resident of the same state as me and my husband. How true is that? I have a bunch of people I could ask but they all live in different states.

[Hypnos 6,578]

The co-sponsor must be either a US citizen or an LPR residing in the United States. Beyond that there is no such requirement that they must be a resident of your state.

Edited February 21, 2013 by Hypnos