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Sufficient Un-Adjusted Income With HUGE Tax Deductions?

By Looking4Wife in IR-1 / CR-1 Spouse Visa Process & Procedures

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Looking4Wife Enthusiast

Looking4Wife   0

Posted
Filed: IR-1/CR-1 Visa Country: Colombia
 Timeline
Posted

As an entrepreneur, it is usually in my best interest to take as many tax deductions as possible. Most of my income for the past 3 years has been passive income, and also sheltered by legitimate tax deductions BOTH before and after adjustments. Having many assets, having my business legitimately support my lifestyle, with "apparently" low income serves me very well at tax time. However for immigration, not so much.

I would prefer NOT to ask my parents to co-sponsor... my parents are too old for that mental burden, even though they would probably do it gladly (they have retirement income, which is a lot more easy to track than my legal-but-stealth income stream).

As I read over the I-864 this morning, I was relieved to see Part 4, Section C, read:

"Enter total UNADJUSTED Income from your Federal income tax return".

So my question is: Have any other self-employed folks out there successfully ever shown UNADJUSTED income that met immigration guidelines, but the AGI on the tax return showed an income LOWER than immigration guidelines (or maybe even zero)... without using a co-sponsor?

I have yet to prepare my tax returns... so I think a the most likely case is I will need to take fewer tax deductions in order to show more income to avoid any immigration holdups.

NOTE: I know that assets can also help, but I wanted to restrict this discussion to income. It is much simpler for me to show assets (real estate), but I don't want to rely on that. Thanks all in advance! :yes:

USCIS (CR-1)

06/30/2006 Mailed I-130 USPS Overnight Mail to Nebraska (NSC)

07/03/2006 Express Mail signed for at NSC

07/08/2006 Found out on VJ that my case is transferred to California (CSC)

07/21/2006 NOA1

11/02/2006 NOA2

NVC

11/13/2006 NVC Case # Assigned

11/20/2006 DS-3032 and AOS Fee Bill generated

11/21/2006 Emailed Choice of Agent (from wife/non-USC) in lieu of DS-3032

11/21/2006 Sent AOS Fee Bill Payment via USPS Overnight Mail

11/30/2006 NVC Processed AOS Fee Bill Payment (still no record of receiving Choice of Agent Email)

12/04/2006 Sent DS-3032 Choice of Agent USPS Overnight

12/11/2006 Received I-864 Affidavit of Support (AOS) in mail

12/11/2006 Sent I-864 AOS to NVC via USPS Overnight

12/11/2006 Immigrant Visa (IV) Fee Bill Generated

12/18/2006 Received IV Fee Bill in the mail

12/18/2006 Sent IV Fee Bill payment to NVC via USPS Overnight

01/03/2007 Sent DS-230 USPS Overnight

01/08/2007 NVC processed DS-230

01/12/2007 Received DS-230 (Part 1) and the list of "Documents You Need to Obtain" for Embassy Interview in mail

02/06/2007 Case Complete @ NVC

02/13/2007 Case sent to Embassy

Embassy

03/15/2007 Received Interview Instructions (aka Packet 4)

04/03/2007 Lab Tests

04/04/2007 Medical Exam

04/10/2007 Interview (Conditional Approval)

04/12/2007 Visa Approved!

04/18/2007 Visa in Hand, Gracias a Dios !!!

04/19/2007 Arrival in USA !!! (POE = Atlanta)

05/29/2007 Received Green Card in mail

www.MarriageBuilders.com

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meauxna Mentor

meauxna   15

Posted
Filed: Country: United Kingdom
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Posted

My first thought is that it is not *your* income, but the business' income. Are you talking Schedule C-type deductions?

I'll tell you from my experience, it's much easier to use assets if you have sufficient.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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Saddle Bronc Grand Master

Saddle Bronc   124

Posted
Filed: Citizen (apr) Timeline
Posted

The "unadjusted" refers to gross income anyways.

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

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As long as the LORD's beside me, I don't care if this road ever ends.

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Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted (edited)

Looking4Wife,

Form 1040 line 22 is the magic number.

What's on Schedule C for the self-employed is the business, but the business is not the sponsor - the individual is.

Yodrak

As an entrepreneur, it is usually in my best interest to take as many tax deductions as possible. Most of my income for the past 3 years has been passive income, and also sheltered by legitimate tax deductions BOTH before and after adjustments. Having many assets, having my business legitimately support my lifestyle, with "apparently" low income serves me very well at tax time. However for immigration, not so much.

I would prefer NOT to ask my parents to co-sponsor... my parents are too old for that mental burden, even though they would probably do it gladly (they have retirement income, which is a lot more easy to track than my legal-but-stealth income stream).

As I read over the I-864 this morning, I was relieved to see Part 4, Section C, read:

"Enter total UNADJUSTED Income from your Federal income tax return".

So my question is: Have any other self-employed folks out there successfully ever shown UNADJUSTED income that met immigration guidelines, but the AGI on the tax return showed an income LOWER than immigration guidelines (or maybe even zero)... without using a co-sponsor?

I have yet to prepare my tax returns... so I think a the most likely case is I will need to take fewer tax deductions in order to show more income to avoid any immigration holdups.

NOTE: I know that assets can also help, but I wanted to restrict this discussion to income. It is much simpler for me to show assets (real estate), but I don't want to rely on that. Thanks all in advance! :yes:

Edited by Yodrak
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  • 2 months later...
Looking4Wife Enthusiast

Looking4Wife   0

Posted
Filed: IR-1/CR-1 Visa Country: Colombia
 Timeline
  • Author
Posted

Yodrak:

As you indicated, line 22 on the 1040 is the magic number. I stumbled upon this today while doing a search on the USCIS site, and found the following on the AOS fact sheet:

"18. Which income line from the federal tax return is used for income determination?

The line for gross (total) income on IRS Forms 1040 (line 22 in 1996) and 1040A (line 14 in 1996) is used to determine income. The line for adjusted gross income is used for persons filing IRS Form 1040 EZ (line 4 in 1996)."

Thanks!

USCIS (CR-1)

06/30/2006 Mailed I-130 USPS Overnight Mail to Nebraska (NSC)

07/03/2006 Express Mail signed for at NSC

07/08/2006 Found out on VJ that my case is transferred to California (CSC)

07/21/2006 NOA1

11/02/2006 NOA2

NVC

11/13/2006 NVC Case # Assigned

11/20/2006 DS-3032 and AOS Fee Bill generated

11/21/2006 Emailed Choice of Agent (from wife/non-USC) in lieu of DS-3032

11/21/2006 Sent AOS Fee Bill Payment via USPS Overnight Mail

11/30/2006 NVC Processed AOS Fee Bill Payment (still no record of receiving Choice of Agent Email)

12/04/2006 Sent DS-3032 Choice of Agent USPS Overnight

12/11/2006 Received I-864 Affidavit of Support (AOS) in mail

12/11/2006 Sent I-864 AOS to NVC via USPS Overnight

12/11/2006 Immigrant Visa (IV) Fee Bill Generated

12/18/2006 Received IV Fee Bill in the mail

12/18/2006 Sent IV Fee Bill payment to NVC via USPS Overnight

01/03/2007 Sent DS-230 USPS Overnight

01/08/2007 NVC processed DS-230

01/12/2007 Received DS-230 (Part 1) and the list of "Documents You Need to Obtain" for Embassy Interview in mail

02/06/2007 Case Complete @ NVC

02/13/2007 Case sent to Embassy

Embassy

03/15/2007 Received Interview Instructions (aka Packet 4)

04/03/2007 Lab Tests

04/04/2007 Medical Exam

04/10/2007 Interview (Conditional Approval)

04/12/2007 Visa Approved!

04/18/2007 Visa in Hand, Gracias a Dios !!!

04/19/2007 Arrival in USA !!! (POE = Atlanta)

05/29/2007 Received Green Card in mail

www.MarriageBuilders.com

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