Self-employed U.S. citizen husband filing AS for H-1B wife

[takeahayk 0]

I could not find all the answers in other threads, so started a new topic.

If I am a self-employed U.S. citizen, and filing for my wife's adjustment of status (she is in U.S. on an H1B), could someone clarify:

1) does it make a big difference whether submitting 1 year of tax return transcripts/Schedule C's, or 3 years of tax transcripts/Schedule C's?

2) As I don't have paystubs, W2's, or 1099's, do I need to include some kind of a letter on my company's letterhead? Is there a good sample? Can I sign/certify for myself - i.e., "this is to verify that John C. Johnson has been employed from.... to present time as president. He earns salary of $5,000 per month, and is projected to earn the same amount in the tax year 2013. If you have any questions, do not hesitate to contact me. Sincerely, John C. Johnson"?

3) Should my wife submit her one year of tax return, or her paystubs, or both (she is in U.S. only since 2012)?

4) regarding the G-325 - is it true that each one of us needs to fill out one form, and then submit 4 copies each, i.e., a total of 8 copies of G-325 - one for me, and one for her?

Thank you for clarifying this.

[Ryan H 3,834]

Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas forum.

[takeahayk 0]

Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas forum.

Why? This is a family-based adjustment of status, not work-related.

[Ryan H 3,834]

Why? This is a family-based adjustment of status, not work-related.

An H-1B visa (which your wife currently holds) is a work visa, not a family based visa. She is adjusting status to Permanent Resident from a work visa.

[takeahayk 0]

I see the logic. OK.

Let me also add to my 4 questions another one:

5) do I need to also include a Certificate of Good Standing for my company along with anything else, such as any contracts? I do not have a business license since my jurisdiction doesn't require a business license.

[Darnell 8,479]

1) It can. it depends on where it's adjudicated, really.

2) I suggest you show such a letter from a CPA, instead of just from you. I assume you are writing this for current annual income, and not prior year income. You'll have tax returns for prior year income, and for current annual income (2013) you'll need to show other proof. A letter from a CPA is sufficient, but usually is generated after the CPA performs an audit of your monthly profit/loss statements. Not have the letter? Then a monthly profit/loss statement, audited by the CPA, is sufficient, as well .

3) no. you are the petitioner, so her income (usually) is not combined with yours. There are exceptions, so study that part.

4) no. is one per human, one page per human. 4 pages per human USED to be the standard, but that changed up 2 or 3 years ago.

[takeahayk 0]

1) It can. it depends on where it's adjudicated, really.

2) I suggest you show such a letter from a CPA, instead of just from you. I assume you are writing this for current annual income, and not prior year income. You'll have tax returns for prior year income, and for current annual income (2013) you'll need to show other proof. A letter from a CPA is sufficient, but usually is generated after the CPA performs an audit of your monthly profit/loss statements. Not have the letter? Then a monthly profit/loss statement, audited by the CPA, is sufficient, as well .

3) no. you are the petitioner, so her income (usually) is not combined with yours. There are exceptions, so study that part.

4) no. is one per human, one page per human. 4 pages per human USED to be the standard, but that changed up 2 or 3 years ago.

on #1) Has anyone heard of DHS actually requesting more tax returns? While I can supply them all 3 years of tax returns, I don't understand the logic so much, as it doesn't really help what one earned 3 years ago.

#2) What are alternatives that immigration lawyers and real-life experiences of people on this forum recommend instead of CPA's/audit. I don't know of any small business that has audits by CPA's as it's too expensive - a real audit can cost $10,000 on average for a small business, based on my inquiry from at least 10 audit firms and CPA's in my area. It's too expensive and burdensome to provide audited financial statements - there must be some other alternatives that are acceptable.

Thanks for clarifying #3 and #4. But on form 864 page 6, it does also ask for checking/savings accounts and other assets of the "principal sponsored immigrant" - hence my assumption that perhaps her paystubs would also be needed. If we declare her checking account amount, do we need to provide a copy of that statement?

Finally, I also had a follow-up question #5 - "do I need to also include a Certificate of Good Standing for my company along with anything else, such as any contracts? I do not have a business license since my jurisdiction doesn't require a business license." - anyone can answer that?

[savagechair 38]

Finally, I also had a follow-up question #5 - "do I need to also include a Certificate of Good Standing for my company along with anything else, such as any contracts? I do not have a business license since my jurisdiction doesn't require a business license." - anyone can answer that?

Bump. I have the same question. No business license, but successfully self-employed for 7 years. I have no official licenses to show--my business is me.

How do we deal with this on an i-864 checklist?

[Harpa Timsah 13,258]

For self-employed people they are going to rely on your tax returns. You have the choice to supply either 1 year or 3 years of complete returns, but I would choose 3 years for self-employed people to show consistent earnings.