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Posted

I am the petitioner for my wife, who lives overseas. I will be sole sponsor for her. I have a few questions about the affidavit of support.

On my tax return, is it necessary to have her listed as my wife? Even though she doesn't live with me and has no American documentation whatsoever, such as social security number etc? My tax return for 2014 has been filed, as I always file as single. Does this need to be amended?

Second, I am self employed so what can I attach in lieu of employment letter. I have a firm, corporation under which I operate and business licenses, but I am the only owner of 100% of my firm and have no permanent employees. I hire temporary help seasonally. So, what do self employed individuals usually provide instead of employment letter?

IR-1/CR-1

NOA-1 December 16, 2014

REF- June 24, 2015 ---------------190 days since NOA 1

RFE Respond- July 5, 2015 ----

NOA- 2 July 24, 2015 ------------- 220 days since NOA 1

NVC Sent- August 04, 2015 ----- 11 days since NOA 2

NVC Rcvd- August 18, 2015 ---- 14 days later
Case ID & IIN obtained- August 21, 2015 (over phone)

DS 261 completed- August 25, 2015

AOS Paid- August 25, 2015

Documents Sent- September 28

IV Paid- September 28, 2015

Document Scan- October 2, 2015

DS 260 Completed- October 5, 2015

Case Complete- October 29, 2015 --------- 27 days since Case Complete

Interview Scheduled- November 14, 2015 (Interview date- December 15, 2015)

Medical Done- November 23, 2015

Interview- December 15, 2015

Result- Need joint sponsor. Liquid assets not accepted.

... Looking for joint sponsor now.

Visa In Hand- .....

POE- .....

Filed: Timeline
Posted

How you file taxes is according to tax law, and it says that as long as you were married as of December 31 of that year, you cannot file as Single. You can only file as Married Filing Jointly or Married Filing Separately (or in rare cases Head of Household). This has nothing to do with immigration status or whether you lived with your spouse. So if you were married as of December 31, you filed taxes wrong and need to amend it ASAP (and so on for any previous year you were married in and filed as Single).

Employment letter is not a requirement. If you are self-employed, employer letter is obviously not relevant. Because you are self-employed, they will determine your income based on the past year's tax return.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted (edited)

The amount shown on line 22 of the most recent tax year's form 1040 is the income used for a self employed person. You should provide a complete copy of your tax return with all supporting schedules and/or tax transcript. If you've taken all of the allowed deductions, etc. to lower your taxable income (normally through Schedule C) and that income does not meet the requirement then you could use assets to make up the income difference. See the form instructions for acceptable assets and how to establish their value.

Edited by Anh map

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

 
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