Help Completing the I-864 - DCF at Bangkok

[bendshead 0]

I am applying for CR1, direct consular filing at Bangkok.

1. On the I-864, for current income can I use my total income from last year's return?

On another post, I was advised to use my total income from last year's U.S. tax return since tax return is the only way to prove income. I just want to check if anyone had similar experience reporting that way or if they were challenged by this question. My total income on last year's return is more than I am tracking to earn this year. If I am asked to provide proof of my income this year (ie., current year) it would not be possible to show the same as last year.

2. Is negative total income from prior tax returns a red flag?

They also ask for total income from tax returns for last three years. For two of those years I actually reported negative income (something my accountant managed) although I earned much higher than the poverty line. Will that be a red flag for the assessor? If so, do you recommend I apply with a joint sponsor?

3. Can the joint sponsor be my uncle?

Can my Uncle be the "second of two joint sponsors" while I am the "first". If so, does he complete a separate I-864? How do we submit that with our file? He is in the U.S. It seems he would need to physically sign it and mail it over, correct?

Thanks for your help!

[Ian H. 207]

1. I'm not sure who told you about using last year's income to meet the requirement. The CO would look at what you will make in the current year. My cousin was petitioned by his wife who is self employed, and they didn't send proof of current income, and they checklisted their AOS package. They required a letter of self employment. When I prepared the forms for my self and for my cousin, I included a letter of self employment and had no issues.

2. They care about what you will make now, not what you made last year. It's true that negative income doesn't help because it means you lost more money than you earned from being self employed, ie a net loss. If your income this year is expected to be above the poverty level, you should be fine. If not you will need a joint sponsor, which you should use just in case given your situation.

3. You are confused as to this part. There can be up to two joint sponsors, not including yourself, but this only applies when you are bringing multiple immigrants as part of one petition. You can use anyone who is an LPR, USC or national as a joint sponsor, they need not be related to either of you, but you cannot combine your income with theirs. They have to make enough money on their own or with members of their own household. The only way to combine income with someone is if they are certain close relatives and live with you. You submit one I-864, he submits a separate one.

[bendshead 0]

1. I'm not sure who told you about using last year's income to meet the requirement. The CO would look at what you will make in the current year. My cousin was petitioned by his wife who is self employed, and they didn't send proof of current income, and they checklisted their AOS package. They required a letter of self employment. When I prepared the forms for my self and for my cousin, I included a letter of self employment and had no issue

2. They care about what you will make now, not what you made last year. It's true that negative income doesn't help because it means you lost more money than you earned from being self employed, ie a net loss. If your income this year is expected to be above the poverty level, you should be fine. If not you will need a joint sponsor, which you should use just in case given your situation.

3. You are confused as to this part. There can be up to two joint sponsors, not including yourself, but this only applies when you are bringing multiple immigrants as part of one petition. You can use anyone who is an LPR, USC or national as a joint sponsor, they need not be related to either of you, but you cannot combine your income with theirs. They have to make enough money on their own or with members of their own household. The only way to combine income with someone is if they are certain close relatives and live with you. You submit one I-864, he submits a separate one.

Thanks, Ian!

1. What should a letter of self-employment include?

2. My income is above the poverty line this year, but barely. Are you suggesting I use a joint sponsor because of the prior "negative" years?

3. Well, I feel stupid then. So for the I-864 I am the "sponsor filing the affidavit because I am the petitoner"? Is that right? If I use my Uncle as a joint sponsor, he will need to complete a separate I-864 as well right?

Many thanks, Ian!

[Ian H. 207]

1. This is what I, my cousin, and another cousin's wife all sent based on what they wanted when we called the NVC. They want it on your own letterhead, nothing fancy, just the name of your business and address and phone number/fax.

In typical business letter format. Date in top right corner. Re: your name, ss number, to whom it may concern, etc.

The text was something along the lines of "Please be advised that I have been self employed at the above address as a blah blah blah since.... My business involves blah blah blah... I currently or presently make blah with an expect total income of blah by the end of the year. I made blah amount in 2013 as you can gather from my federal tax return. I will expect to report blah in my 2014 federal income tax return. Please feel free to contact me at the above mentioned address and/or telephone should you have additional concerns: sincerely and notarize it.

2. If you will meet the requirements, you don't need a joint sponsor. I meant to say that you should have one as a backup just in case.

3. Yes and yes.